Focusing her practice on complex trials, commercial litigation, intellectual property (IP), and advertising issues, Sharon R. Smith has represented clients in hundreds of complex matters over the past decade. With much of her practice involving complex trials and business and IP litigation, Sharon’s work also includes business torts, unfair business practices, fraud, defamation, and breach of contract. Sharon counsels clients on matters involving privacy, trade dress, domain names, copyrights, advertising, unfair competition, and rights of publicity as well as trademark and copyright prosecution and strategy.
As a key part of the Morgan Lewis team during a three-month jury trial, Sharon helped obtain a $577 million jury verdict for Asahi Kasei Pharma Corp. At the time, it was the second-largest jury verdict in the United States for 2011.
Beyond federal and state litigation, Sharon’s practice involves strategic intellectual property advice including prosecution, brand strategies and transactions, enforcement programs, Trademark Trial and Appeal Board cases and domain name proceedings. Sharon also advises clients regarding advertising and promotional programs including comparative advertising and sweepstakes.
Successful defense of artists by LiveNation Merchandise, Inc., in claim for breach of a license agreement including a pursuit of counterclaims for copyright and trademark infringement;
Successful defense of claim by Business Software Alliance (BSA) against a major technology client;
Successful prosecution of claims for pharmaceutical company in an arbitration in 2009, in favor of our client for $91 million;
Successful defense verdict in 2005 on motion for dismissal during trial for client in case involving a $450 million claim for misappropriation of corporate opportunity, among other claims;
Successful defense of leading direct marketing company in multi-million dollar case alleging copyright infringement, trade dress infringement, and false advertising claims;
Successful jury verdict in trade dress infringement claim;
Successful grant of summary judgment in favor of client against trademark infringement claim;
Successful grant of motion to dismiss in favor of client against Digital Millennium Copyright Act (DMCA), fraud, unfair business practices and tortious interference claims;
Successful defense of a defamation claim based on a novel Communications Decency Act defense;
Represented a professional baseball player regarding a domain name dispute;
Advised a professional women’s soccer team on trademark strategy matters;
Represented a professional football player regarding a high-profile civil claim;
Represented player agents in an arbitration dispute; and
Represented an investor in a baseball team financing and acquisition matter.
University of California, Berkeley, 1997, B.A.
University of California, Davis School of Law, 2002, J.D.
Awards and Affiliations
Member, American Bar Association
Member, Order of the Coif
Witkin Award for Academic Excellence, Civil Procedure, Spring 2000