Megan K. Smith is an experienced trial lawyer. She represents companies and individuals in business disputes, employment investigations and litigation, intellectual property and trade secret claims, and criminal and regulatory investigations. Megan also counsels clients with respect to a wide range of civil litigation and advisory matters.
Megan’s clients span an array of industries and include leading tech, finance, retail, entertainment, sports, media, fashion, energy, hospitality, insurance, real estate, and life sciences companies.
Megan immerses herself in her clients’ businesses and partners closely with them to achieve their goals. She tailors her advice and advocacy to each particular case and audience to deliver the best results, often resolving disputes outside the courtroom before litigation is even filed. When litigation is unavoidable, Megan has a proven track record of success. She has secured high-profile victories in federal and state courts, arbitrations, and agency proceedings.
In addition to her regular practice, Megan works with the firm’s pro bono committee and has represented pro bono clients at the trial and appellate levels.
Megan is the chair of the Century City office’s Women’s Employee Network. She began her practice in O’Melveny’s New York office. Before returning to the firm in Century City, she clerked for a federal district court judge.
Complex Commercial Litigation
- Defended book publisher Penguin Random House at trial against antitrust claims filed by the Department of Justice in connection with the Penguin Random House and Simon & Schuster merger
- Represented Tesla in several administrative law forums across the country in actions regarding its right to sell its vehicles directly to consumers under state constitutions
- Defended a real estate company and owner of a five-star hotel against trade secret and breach of contract claims
- Successfully defended a Fortune 500 company against false claims act and unfair competition claims
- Defended owner of online magazine against American with Disabilities Act claims tied to website accessibility matters
- Advised a Fortune 500 pharmaceutical company regarding prosecution of a civil racketeering and conspiracy action
- Defended a large private equity firm against withdrawal liability ERISA claims
- Successfully obtained dismissal for a private equity company against breach of contract claims in New York Supreme Court
Entertainment, Sports, and Media
- Defending film production company in wrongful termination case filed by a former executive
- Represented the owner and Chairman of the Baltimore Orioles in a trust and estates dispute regarding ownership of the Club
- Represented the owner of the historic Forum sports and concert arena in a contractual fraud litigation that ended in a $400 million sale of the Forum to Steve Ballmer
- Defended Top Rank and a professional boxer at arbitration in a breach of contract dispute
- Represented professional boxer in breach of contract and tort dispute
- Represented professional sports agent in dispute with major league sports players’ association
- Represented major league sports team in employment investigation
Intellectual Property
- Represented a brand owner and licensor in a breach of contract and trademark infringement case against its licensee
- Defending a fast fashion brand from Lanham Act claims asserted by sports retailer
- Defended land development company Lennar Corp. at trial against trademark infringement and unfair competition claims related to its specialized home product
- Defended sbe, a hotel management, real estate, and entertainment company, and hotelier Sam Nazarian against trademark claims related to their luxury hotel brand
- Defended a subsidiary of publicly traded pharmaceuticals company in state and federal multidistrict litigation related to products liability litigation
- Defended a fashion company and its chief executive against intellectual property and breach of contract claims
- Defended Live Nation Entertainment, Inc. against trademark infringement claims related to its iconic music festival
- Defended a major international apparel and accessories retailer in a highly publicized trademark infringement trial in the Southern District of New York
- Advised for-profit educational collective on various trademark matters
- Advised documentary filmmaker on intellectual property matters
Admissions
Bar Admissions
- California
- New York
- Massachusetts
Court Admissions
- US District Court for the Southern District of New York, Central District of California, Eastern District of California and Western District of Michigan
- US Court of Appeals, Third Circuit
Education
- New York University School of Law, J.D.: Managing Editor, New York University Journal of Legislation and Public Policy; Teaching Assistant, Civil Procedure
- Duke University, B.A., History
Honors & Awards
- Recommended by The Legal 500 US for Trade Secrets (Litigation & Non-Contentious Matters) (2023)
- Named to the 40 & Under Hot List in Commercial and Intellectual Property by Benchmark Litigation (2022, 2024)
Professional Activities
Speaker
- Moderator, “How Will AI Change Live for Booking, Marketing, Operations & Risk Management,” Pollstar Live! Conference (February 2024)
- Panelist, “What Tech Advances Mean for Marketing, Operations & Fan Engagement,” 2023 VenuesNow Conference (September 2023)
Clerkships
- Hon. Aleta A. Trauger, US District Court, Middle District of Tennessee
Member
- Federal Bar Association
Author
- “Stars, Paparazzi, and the Puzzling Law of Copyrights,” IPWatchdog (November 22, 2021) (with David Marroso)