Tefft W. Smith
Overview
Tefft Smith was a lifelong Kirkland & Ellis LLP partner in its Litigation and Antitrust Law Practice Groups.
Tefft was the Senior Litigation Counsel to Kirkland's Antitrust and Competition Law Practice Group, having been for many years the Partner-in-Charge, coordinating an integrated team of more than 200 Antitrust lawyers in Washington, Chicago, New York, Los Angeles, San Francisco, Palo Alto, Houston, London, Munich, Shanghai. Beijing and Hong Kong. Kirkland’s Antitrust Practice Group was named by Law360 as one of the 5 top Competition Law Firms, for its many litigation achievements and major merger deal clearances.
Tefft was a trial lawyer, with over 35 cases tried to verdict in civil and criminal antitrust, merger and commercial litigation matters. Tefft tried and argued cases before judges and juries throughout the United States, including in the United States Supreme Court, and handled evidentiary proceedings before the European Competition Commission.
Tefft's antitrust trial successes were featured in the American Lawyer and the Legal Times. He was identified as a global leader in the Antitrust & Competition field. Tefft was profiled in the Legal Times as one of the Top Twelve "Leading Antitrust Lawyers," focusing on Tefft's trial experience and quoting one client's observations that, "He's exceptionally strategic, very aggressive, and highly organized. . . . He puts together a hell of a team."
Chambers America's Leading Lawyers for Business described Kirkland's antitrust practice as the "'first choice for a large piece of complex and difficult litigation,' this 'outstanding collection' of trial lawyers is able to draw on antitrust expertise throughout its network of offices in the USA and beyond," noting Kirkland's "strong team concept" and its "active and well organized practice." "It is the Firm's 'uniform level of competence' that keeps Kirkland ahead of the competition" and "confirm[s] its status as the place to go for heavyweight representation."
Chambers said that Tefft was "widely lauded for his excellent negotiation skills - he knows how to strike a balance between aggression and a softer approach in order to secure results." Chambers has also noted that Tefft "spends time absorbing the facts of the case and deploying them to devastating effect." He was "respected for his 'rigorous analytical' style which is often parlayed in sensitive merger clearances, criminal investigations and class action price-fixing cases." Tefft was described "as an extremely savvy advocate and a top pick for tough negotiations, as 'he knows how to secure results.'" Chambers also noted that Tefft "has a phenomenal amount of experience in [antitrust litigation]" and "few come as highly recommended."
Benchmark Litigation ranked Tefft as a "Litigation Star," nationally for Antitrust and generally for Litigation in D.C. and New York. The BTI Consulting Group's survey of general counsel designated Tefft a "Client Service All-Star," for the superior quality of his responsiveness and dedication to cost-effectively achieving his clients' business objectives. He was recognized as a "Super Lawyer" in both Washington and Illinois.
Tefft was the lead trial lawyer in numerous DOJ government antitrust criminal and private class action cases (including the ADM-related citric acid, the DRAM, Rubber Chemicals, Plastic Additives, Banana and Car Parts cases, many of which also involved proceedings before the European Competition Commission). He was the lead trial lawyer in civil antitrust and commercial litigation cases for Bayer AG, Beech-Nut, BellSouth, BP-Amoco, Chiquita, Kraft, Dow Chemicals, Henkel, Infineon, KME Europa, Office Depot, Sara Lee, Terra, Weyerhaeuser, Whirlpool, a leading property and casualty insurance company, and other major U.S. and non-U.S.-based companies.
Tefft expedited the clearance of many multinational transactions requiring coordination of European Union member state and other national filings and presentations to their various antitrust enforcement agencies for BP-Amoco, Chiquita, Kraft, Office Depot, Sara Lee, Terra, Weyerhaeuser, Whirlpool, Dean Foods, General Motors, Johnson Wax, FMC, Southwire and Alpharma. Tefft has actively counseled these and many other companies on litigation, corporate governance, pricing, distribution and other strategic business matters.
Tefft was a member of the Advisory Board for the BNA Antitrust and Trade Regulation Reporter, was an officer of the American Bar Association (ABA) Antitrust Law and Litigation Sections and their Sherman Act, Mergers and Acquisition, Antitrust Litigation and Corporate Counsel Subcommittees, and regularly was asked to speak at ABA, International Bar Association (IBA) and other programs on competition and antitrust law and trial practice related matters.
Tefft was the only private antitrust practitioner invited to testify before the U.S. Antitrust Modernization Commission (AMC) on “Criminal Antitrust Remedies." Tefft authored the IBA's Comments on Exclusionary Conduct: Bundling to the AMC and its report on "The Extraterritorial Effects of Private Damage Remedies and Cartel Enforcement" of the U.S. and other countries; and comments on the Canadian Cartel Enforcement Leniency Guidelines.
Tefft has written many articles and presentations, including International Cartel Prosecutions: Practical Realities of Multi-National Prosecution/Defense Coordination Studienvereinigung Kartellrecht - International Forum on EC Competition Law, Patent Settlements in the Pharma Sector --Procompetitive Resolutions or Market Allocations?, IBA Madrid, "An Iconoclastic Attack on the Antitrust Community: A Review of Edwin S. Rockefeller's The Antitrust Religion," New York University Journal of Law and Liberty, "In TR We Trust (Bust), Do We Need a New 'Big Stick' in Antitrust Enforcement?," Theodore Roosevelt Association, Chicago Bull Moose Chapter, "International Comity in Dominance Cases: Global Chaos or Evolution?," IBA Singapore Antitrust Committee, "Is Jail Necessary for Deterrence?," IBA 12th Annual Fiesole Competition Conference, "U.S. Supreme Court Slams the Door Shut on Price Squeeze Plaintiffs BNA Antitrust & Trade Regulation Report," "U.S. Antitrust Class Actions: Lessons for Europe," IBA, "How to Limit LePage's Effect," Legal Times; "Harder to Prosecute?: A recent Supreme Court decision could nullify enhanced antitrust penalties," Legal Times; "Finding the Right Price," Legal Times; an "Analysis of U.S. Antitrust Law and Enforcement Regarding Foreign Cartel Activity"; "Dealings with Competitors: The Traps and How to Avoid Them"; "Challenging Competitors' Mergers: A Real Strategic Option," 65 Antitrust Law Journal 57; "Seller Beware!!: Alerting the Seller to the Risks of an Antitrust Sensitive Deal," MERGERS & ACQUISITIONS; "Competition/Antitrust Law Fundamentals for Transactional Lawyers"; "The Use and Misuse of Economic Experts"; "Convergence: A Call to Arms," Euromoney.
Tefft was selected as a civilian participant for the "capstone" National Security Seminar week of the Army War College's year long program for future military leaders. He was invited to participate in the Naval War College's similar program. Tefft has long been a nationally ranked squash player, having won 5 National Age Group Championships, currently ranked #1 in his age bracket. He has a Sports Car Club of America car racing license.
Tefft was active on many Pro Bono matters. He authored a book for the Due Process of Law Foundation, which promotes enhancing the rule of law in South America and elsewhere, entitled Selecting the Best, the Selection of High Level Judges in the United State, Europe and Asia. Tefft helped form and is counsel to the Alliance to Rescue the Victims of Sex trafficking.
Personal
Married to Nancy Smith since 1967
Children: Lara Smith and Tefft Smith II
Grandchildren: Alexandria Grace, Tefft Smith III and Zoe Fedelia
Nationally Ranked Squash Player – National Age Group Champion (2009, 2010, 2011, 2012, 2013, 2016, 2017, 2018, currently ranked #1)
President Watergate South, D.C. Board of Directors (2008–2013)
Theodore Roosevelt Association Board of Trustees
President Lincoln's Cottage, Washington, D.C., Board of Directors
Member D.C. Bar Association Lawyers Assistance Committee