Douglas G. Smith, P.C. 
Professional Profile
Doug Smith is a partner in the firm's Chicago office who has a wide range of experience in litigation matters at both the trial and appellate stage in state and federal courts throughout the country, including commercial litigation, mass tort and product liability litigation, corporate and securities litigation, and intellectual property litigation.
Representative Matters
MSA Diligent Enforcement Dispute
Represent major tobacco company in nationwide litigation against state governments in dispute over $4 billion in payment reductions under the Master Settlement Agreement. Obtained rulings compelling arbitration in over 40 state courts and successfully defended rulings on appeal.
Vibo Corporation, Inc. v. Conway et al.
Successfully defended lawsuit in federal court bringing constitutional and antitrust challenges to Master Settlement Agreement among major tobacco manufacturers and 52 States and territories. Case dismissed.
Vibo Corporation v. People of the State of California et al.
Successfully defended declaratory judgment action in California state court under the Master Settlement Agreement. Summary judgment granted in favor of defendants, and appeal voluntarily dismissed.
Rohm and Haas Co. v. The Dow Chemical Co.
Represented chemical manufacturer in defense of action seeking specific performance of merger agreement in Delaware Chancery Court.
Selbst v. McDonald's Corporation
Successfully represented corporation defending lawsuit in federal court alleging various violations of the securities laws, obtaining dismissal of all claims.
State of Texas v. American Tobacco Co. et al.
Successfully defended major corporation in appeal of ruling in a payment dispute under a settlement agreement with the State of Texas.
Meridia Litigation
Represent company in successful defense of nationwide pharmaceutical litigation involving anti-obesity medication. Summary judgment granted on all claims.
Asbestos Litigation
Represented several companies facing nationwide asbestos-related liability both inside and outside Chapter 11.
Oak Ridge and Hanford Nuclear Weapons Plant Litigation
Represented contractors involved in building and operating nuclear weapons facilities in successful defense of actions alleging exposure to nuclear waste materials and other toxic substances. Summary judgment granted in favor of client in Oak Ridge litigation. Cases tried to verdict in Hanford litigation.
Tobacco Cost Recovery Litigation
Represented major tobacco company in litigation seeking health care cost recovery brought by the United States Department of Justice, numerous state governments, and other parties in State and federal courts across the country.
Robert A. Falise v. The American Tobacco Company et al.
Represented tobacco company in litigation brought by the Johns-Manville Personal Injury Settlement Trust seeking recovery of damages paid by the trust to compensate asbestos victims (E.D.N.Y.). Case resulted in mistrial and was subsequently voluntarily dismissed.
In re African-American American Slave Descendants Litigation
Represented defendant in actions filed in federal and state court seeking slavery reparations. Cases dismissed.
Texaco Exploration and Production, Inc. v. Amclyde Engineered Products Co.
Represented contractor in defense of lawsuit seeking compensation for oil drilling equipment lost in maritime accident. Case dismissed.
Prisoner Commutation Litigation
Represented Governor of Illinois in successful defense of action brought by the Illinois Attorney General seeking to void commutation orders issued by former Illinois Governor George Ryan.
C&F Packing v. Pizza Hut
Represented major in litigation involving alleged trade secret misappropriation.
Other Distinctions
Adjunct Scholar, American Enterprise Institute
Senior Lecturer in Residence, Loyola University Chicago School of Law
Associate Professor, George Mason University School of Law (2008)
Martindale-Hubbell AV (highest possible) peer review rating
Publications
Doug has written on legal issues for popular publications such as the Washington Times, American Spectator, Orange County Register, and San Diego Tribune. He has also published more than 30 articles in a wide range of scholarly journals, including the following: An Administrative Approach to the Resolution of Mass Torts?, 2009 University of Illinois Law Review 895.
A Federalism-Based Rationale for Limited Liability, 60 Alabama Law Review 649 (2009).
The Twombly Revolution?, 36 Pepperdine Law Review 1063 (2009).
The Constitutionality of Civil Commitment and the Adequacy of Treatment, 49 Boston College Law Review 1383 (2008).
Piercing the Corporate Veil in Regulated Industries, 2008 Brigham Young University Law Review 1165.
Resolution of Mass Tort Claims in the Bankruptcy System, 41 U.C. Davis Law Review 1613 ( 2008)
The Second Amendment and the Supreme Court, 6 Georgetown Journal of Law & Public Policy 591 (2008)
The Constitutionality of Religious Symbolism After McCreary and Van Orden, 12 Texas Review of Law and Politics 93 (2007)
Does the Constitution Embody A "Presumption of Liberty"?, 2005 University of Illinois Law Review 319 (2005)
Originalism and the Affirmative Action Decisions, 55 CASE WESTERN RESERVE LAW REVIEW 1 (2004)
Interstate Commerce and the Principles of the Law of Nations, 2004 Utah Law Review 111
The Establishment Clause: A Corollary of Eighteenth Century Corporate Law?, 98 Northwestern University Law Review 239 (2003)
Rule of Lawyers or Rule of Law?, 1 Georgetown Journal of Law & Public Policy 327 (2003)
The Politics of Separation: Review of Philip Hamburger's "Separation of Church and State," 36 U.C. Davis Law Review 967 (2003)
Thomas Jefferson's Retrospective on the Establishment Clause, 26 Harvard Journal of Law & Public Policy 369 (2003)
Robert Nagel's Bleak Vision and the "Implosion" of American Federalism, 12 Cornell Journal of Law & Public Policy 203 (2002)
A Lockean Analysis of Section One of the Fourteenth Amendment, 25 Harvard Journal of Law & Public Policy 1095 (2002)
The Role of the Courts in Shaping American Bankruptcy Law: Review of "Debt's Dominion-A History of Bankruptcy Law in America," 33 Seton Hall Law Review 109 (2002)
Application of Patent Law Damages Analysis to Trade Secret Misappropriation Claims: Apportionment, Alternatives, and Other Common Limitations on Damages, 25 Seattle University Law Review 821 (2002)
Separation of Powers and the Constitutional Text, 28 Northern Kentucky Law Review 595 (2001)
A Return to First Principles?: Saenz v. Roe and the Privileges or Immunities Clause, 2000 Utah Law Review 305
Reconstruction or Reaffirmation?: Review of "The Bill of Rights: Creation and Reconstruction," 8 George Mason Law Review 167 (1999)
Fundamental Rights and the Fourteenth Amendment: The Nineteenth Century Understanding of "Higher" Law, 3 Texas Review of Law & Politics 225 (1999)
The Illiberalism of Liberalism, 34(4) San Diego Law Review 1571 (1997)
Natural Law, Article IV, and Section One of the Fourteenth Amendment, 47 American University Law Review 351 (1997)
The Venture Capital Company: A Contractarian Rebuttal to the Political Theory of American Corporate Finance?, 65 Tennessee Law Review 79 (1997)
The Privileges and Immunities Clause of Article IV Section 2: Precursor of Section One of the Fourteenth Amendment, 34 San Diego Law Review 809 (1997)
Structural and Functional Aspects of the Jury: Comparative Analysis and Proposals for Reform, 48 Alabama Law Review 441 (1997)
An Analysis of Two Federal Structures: The Articles of Confederation and the Constitution, 34 San Diego Law Review 249 (1997)
Citizenship and the Fourteenth Amendment, 34 San Diego Law Review 681 (1997)
The Historical and Constitutional Contexts of Jury Reform, 25 Hofstra Law Review 377 (1996)
A Comparative Analysis of the Proxy Machinery in Germany, Japan, and the United States: Implications for the Political Theory of American Corporate Finance, 58 University of Pittsburgh Law Review 145 (1996)
The Intracorporate Conspiracy Doctrine and 42 U.S.C. ยง 1985(3): The Original Intent, 90 Northwestern University Law Review 1125 (1996)
Courts
U.S. Supreme Court
U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and D.C. Circuits
U.S. District Courts for the Northern District of Illinois and Eastern District of Wisconsin
