Michael L. Smith
Mr. Smith’s practice includes commercial litigation, including cases that involve claims of breach of contract, breach of fiduciary duty, and fraud. Mr. Smith also has experience defending against lawsuits alleging violations of constitutional rights under 42 U.S.C. § 1983. Other matters that Mr. Smith has litigated include property disputes involving quiet title, civil assault and battery, civil harassment, and restraining order litigation.
Mr. Smith's prior experience includes defending insurance agents, financial advisors and benefit plan administrators in professional liability litigation against claims of professional negligence, fraud, breach of contract and other causes of action. His experience extends into general liability, landlord-tenant, insurance defense and personal injury law. He also previously worked at the Orange County District Attorney's office where he tried cases involving driving under the influence of alcohol, resisting arrest and assault on a peace officer.
"How California's NDA Restrictions Cause More Harm Than Good for Survivors," The Hollywood Reporter, co-author, March 2020
"Are Customized Arbitration Provisions the Answer?," Daily Journal, September 30, 2019
“Prior Sexual Misconduct Evidence in State Courts: Constitutional and Common Law Challenges,” 52 American Criminal Law Review 321 (2015)
"Regulating Law Enforcement’s Use of Drones: The Need for State Legislation," 53 Harvard Journal on Legislation 423 (2015)
"Arbitration by Combat," co-authored with Raj Shah (Peer Reviewed), 20 Media & Arts Law Review 164 (2015)
"The Second Amendment Implications of Regulating 3D Printed Firearms," 31 Syracuse Journal of Science & Technology Law 60 (2015)
"Search Engine Liability for Autocomplete Defamation: Combating the Power of Suggestion," 2013 Journal of Law, Technology & Policy 313 (2013)
Comment: "Second Amendment Challenges to Student Housing Firearms Bans: The Strength of the Home Analogy," 60 UCLA Law Review 1046 (2013)
"Prosecuting the Undead: Federal Criminal Law in a World of Zombies," 61 UCLA Law Review Discourse 44 (2013)