Download PDF

Summary

EXPERIENCED GENERAL COUNSEL WITH TREMENDOUS EXPERIENCE REPRESENTING PUBLIC AND PRIVATE COMPANIES. 

Work experience

GENERAL COUNSEL de facto

Miami valley gaming & Racing llc
2013Present

General Counsel for $500 million dollar startup casino and horse racing company. Developed and manage legal department. Devise and implement compliance, regulatory, document retention, discovery, and employee relations procedures. Draft commercial, leasing, purchasing, sponsorship, and employment contract templates. Counsel HR, Executive Committee, and manage outside counsel. Manage contract negotiations for new and current business vendors and develop guidelines that minimize risk and increase revenue.   Work with operations management to ensure compliance with federal safety standards. Liaised with operational management for the overall implementation of project-wide operational plan for a security, networking, and technology servicing agreements. Draft and negotiate complex contracts, marketing agreements, operations agreements, leases, professional IT service contracts, and commercial contracts. 

CORPORATE ATTORNEY

s.k. SMITH LAW 
2008Present

Corporate – Outside Counsel to public and private companies. Counsel companies on rights, liability, exposure and compliance with state and federal law. Devise best practices guidelines and standards for corporate clients to limit liability and risk exposure. Work with operations management to ensure compliance with federal safety standards. Draft sophisticated commercial contracts for multiple businesses including, but not limited to, management, vendor/supplier, leases, commercial licenses, equipment supply, consulting, employment, professional service contracts, security agreements, and purchase contracts. Filed lawsuits, and advised client of rights, liability and exposure under general liability and commercial Law.  Draft and manage lease agreements for residential housing complexes, assist property in reaching overall occupancy above 80% and over $1.13 million in total annual base rent plus tenant’s proportionate share of taxes, insurance, utilities, and maintenance. Negotiate procurement contracts between the Board of Education and an Ohio Minority Business Enterprises for demolition waste and construction removal service.  

 

Compliance - Counsel corporations on rights, liability, exposure and compliance under state and federal laws. Devise best practices guidelines and standards for corporate clients to limit liability and risk exposure. Work with operations management to ensure compliance with federal safety standards.

 

Labor & Employment  - Counsel clients and litigate employment matters involving federal and state regulations including Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, and Fair Labor Standards, unemployment, and union avoidance. Recommend courses of action to HR professionals and operations management concerning employee discipline and termination. Assist HR professionals in devising strategies and processes to implement targeted action plans. Provide HR professionals with state and federal legislative updates. Develop and deliver employee training programs to ensure knowledge of state and federal law and company best practices guidelines. Prepare comprehensive employee handbooks. Counsel corporate managers and executive officers on devising employee data retention programs on job performance, attendance, discrimination complaints, and disciplinary. Manage a diverse range of litigation matters for individual and corporate clients. Devise litigation strategies and negotiate settlement agreements. Lead trial counsel in employment discrimination cases. Full oversight of cases from initial investigation, developing litigation budgets, arbitration, witness preparation, trial planning, motion practice, discovery, mediation, settlement conference,  jury trial, appeal, and courtroom appearances. Draft pleadings, discovery, opinion letters, motions, settlement agreements, employee contracts, trial briefs, and appellate briefs.

 

Litigation Management - Manage diverse range of litigation matters for individual and corporate clients, including serving as outside counsel for public and private companies, with responsibilities for devising litigation strategies, resolving cases, and representing companies as lead counsel.

 

ADJUNCT PROFESSOR

CHARLOTTE SCHOOL OF LAW
20112015

TRIAL PRACTICE

PARTNER

BURGE & sMITH LPA
20022008

Lead attorney in hundreds of criminal matters. Supervise up to seven attorneys and support staff. Full oversight of cases from initial investigation, developing litigation budgets, first appearance, witness preparation, trial planning, motion practice, discovery, jury trial, appeals, and courtroom appearances. Draft pleas for arraignment, waiver of indictment forms, discovery, motions to suppress, trial briefs, reply brief, sentencing memoranda, appellate briefs, opinion letters, and notice of appeals. Received acquittals in murder, drug trafficking, rape, burglary, robbery, felonious assault, pornography, weapons, theft, DUI, and domestic violence cases.

ASSOCIATE ATTORNEY

CORS & BASSETT LLC
20002002

Counsel clients and litigate employment matters involving federal and state regulations including Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, and Fair Labor Standards, unemployment, and union avoidance.

cONTRIBUTION

  • Draft sophisticated commercial contracts with total contract amounts exceeding $750 million including, but not limited to, management, vendor/supplier, leases, commercial licenses, equipment supply, consulting, and professional service contracts.
  • Renegotiated commercial contract that saved company $120,000 in revenue.
  • Negotiate music (BMI, SESAC, ASCAP), internet, technology, and intellectual property licensing agreements.
  • Drafted security agreements, purchase contracts, and advised client of rights, liability and exposure under commercial Law.
  • Draft and negotiate complex simulcast agreements
  • Maintain 100% success rate in defending labor relations and civil rights charges.
  • Eliminated over $200,000 in exposure by revising company hour and wage policy.
  • Draft and manage simulcast agreements.
  • Maintain a 90% - 95% success rate of meeting client expectations and measurable goals by utilizing an aggressive pretrial motion practice and strategic trial techniques.
  • Obtained 100% jury trial success rate in three employment cases by conducting thorough independent investigations, drafting persuasive pretrial motions, strategic use of evidentiary rules, detailed cross-examinations, and persuasive closing arguments.
  • Reduced race discrimination claims by more than 90% percent over two years by implementing a diversity training program for 160 employee health care provider company.
  • Assisting car dealership, mortgage, electric, construction, and carpet companies in developing RIF measures in response to the real estate crisis of 2008.
  • Managed labor and employment litigation matters for six mid-sized companies by using matter management software.
  • Helped clients protect trade secrets, clientele, and intellectual property rights by establishing an emergency response system to file and respond to TRO pleadings within 48 hrs.
  • Protect non-compete agreements by filing verified complaint for injunctive relief.
  • Negotiated executive employment contracts.
  • Successfully defended hundreds of complaints filed in federal and state courts.
  • Successfully negotiated hundreds of case reducing an aggregate of millions of dollars in exposure.
  • Tried over 40 bench trials with an 80% success rate.
  • Technology Licensing - Negotiated favorable settlement for computer networking and software company in a federal civil lawsuit for allegedly breaching Microsoft licensing agreements and selling counterfeit software.

Education

J.D

The Ohio State University College of Law School U.S
2001

B.A

Magna Cum Laude-Fisk University
1997