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Our Attorneys » Daniel R. Smith
Daniel R. Smith
Partner
Legal Experience
Danny Smith is a partner in the firm’s business litigation section. He handles a broad variety of business disputes, with an emphasis on employment, construction, intellectual property, and healthcare related claims. Danny represents companies in litigation before the courts and administrative agencies, as well as in arbitration. He has obtained injunctive relief for employers in connection employee violations of non-compete and confidentiality agreements, defended companies against claims for discrimination and retaliation, and defended companies against claims for violating wage and compensation laws. In addition, he has represented owners, contractors, design professionals, and lending institutions in connection with claims concerning construction defects, professional negligence and malpractice, mechanic’s liens, payment and performance bonds, trust fund violations, and general contract issues. He has also represented healthcare companies in disputes with payors and landlords, and has represented clients in litigation concerning patent, copyright, and trademark matters.
As part of his practice, Danny helps companies prevent litigation by advising them, before a dispute arises, on contract drafting and negotiations, statutory and regulatory requirements affecting their relationships with others, and practical options for achieving their objectives within the law. For example, he counsels companies on non-compete, confidentiality, and non-disclosure agreements, and handling problematic employees. He further counsels clients on their rights and obligations under contract and law, including those falling within employment agreements, construction agreements, lien and bond statutes, and leases.
Specific Matters of Representation:
- Defended healthcare company against claims for age discrimination brought by former employee, resulting in favorable settlement
- Defended home builder against claims for national origin discrimination brought by former employee, resulting in favorable settlement
- Obtained summary judgment for generator company dismissing claim for unpaid commissions by former employee
- Obtained temporary injunction against former employee of software company for alleged misappropriation of company trade secrets and confidential information, and secured take nothing judgment on former employee’s counterclaims
- Pursued numerous claims for breaches of non-compete, non-solicitation, and confidentiality provisions in employment agreements, resulting in favorable settlements
- Defended electronic components distributor against unfair competition and Lanham Act claims in federal court, resulting in favorable settlement.
- Member of team that defended national ceiling fan and lighting company against patent infringement claims in federal court, resulting in favorable settlement.
- Member of team that defended start-up, cell phone power amplifier manufacturer against patent infringement, tortious interference with contract, and misappropriation of trade secrets claims in federal court, resulting in favorable jury verdict.
- Member of team that defended international mathematics software company in patent and copyright infringement suit in federal district court, prevailing in patent infringement matter.
- Member of team that defended start-up, telecom company against claims by majority investor, resulting in favorable settlement.
- Member of team that obtained summary judgment for national civil engineering firm against negligent misrepresentation and breach of warranty claims in connection with construction plans for highway.
- Obtained summary judgment, as plaintiff, for investor client in breach of contract action against investment fund operator.
Education
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Doctor of Jurisprudence, with honors, Texas Tech University, 1999
- Law Review, Board of Editors, Community Service Committee
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Bachelor of Arts, with high honors, University of Texas at Austin, 1996
- Phi Beta Kappa
- Wolfgang Michael Award, Outstanding German Student
Professional Licenses
- Attorney at Law, Texas, 1999
Court Admissions
- United States Court of Appeals, Fifth Circuit
- United States District Courts for the Northern, Southern, Western, and Eastern Districts of Texas
- All State Courts in Texas
- United States District Court, District of Colorado
Prior Professional Experience
- Brown McCarroll, L.L.P., 2003-Present
- Hilgers & Watkins, P.C., 2000-2003
- Popp & Ikard, L.L.P., 1999-2000
Speeches and Publications
- The Impact of Technology on Communications: Preserving the Attorney-Client Privilege and Avoiding Litigation, Association of Corporate Counsel (ACC) - Austin Chapter, April 2012
- A Construction Attorney's Guide to the New Lien Waivers, Texas Lawyer, March 2012
- Things You Need in Your Employment and Partnership Agreements, RISE (Relationship & Information Series for Entrepreneurs), March 2012
- Handle E-Discovery Issues Easily, Texas Lawyer, January 2011
- Non-Compete Agreements, Employment "At Will", & Other Issues Facing New Companies, RISE (Relationship & Information Series for Entrepreneurs), March 2011
- All Good Things Must Come to an End: Legal Issues in Construction Contract Termination, co-author with Davis, C.A., 2010 Construction Law Conference, University of Texas School of Law
- Build at Your Own Risk: The Inherent Danger of Relying on Construction Permits, co-author with Davis, C.A., and Rodriguez, E., 2007 Construction Law and Litigation Conference, University of Texas School of Law
- E-Discovery: A Guide to Construction Litigation: Understanding and Minimizing the Impact of E-Discovery on Construction Business, co-author with Watkins, T.H., 2007 Construction Law and Litigation Conference, University of Texas School of Law
- Professional Liability of Design Professionals in Texas: Overview, Current Developments and Trends, co-author with Davis, C.A., Construction Law Journal, State Bar of Texas, Vol. 4, No. 1 Summer 2006
- A Builder-Tradesman Relationship, co-author with Katz, L.T., Katz Builders, Inc., Texas Builder, May and June 2002
Professional Memberships and Activities
- 2012 Austin Bar Association/Austin Young Lawyers Association Leadership Academy, Member
- Texas Bar Foundation, Fellow
- American Bar Association
- State Bar of Texas
- Austin Bar Association
- Travis County Young Lawyers Association
- Volunteer Legal Services
Community Involvement
- Keep Austin Beautiful, Board of Directors
- Volunteer Legal Services, representing clients pro bono in social security matters
- Austin Habitat for Humanity, Legal Build Committee
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Texas Tech Alumni Association, Austin Chapter
- Scholarship Committee
- Friends of Patterson Park, working with neighbors to beautify and improve neighborhood park
Honors
- Texas Super Lawyers Rising Star, Business Litigation, 2012