Prescott W. Smith
Of Counsel

Business Litigation, Appellate

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Phone: 214-855-3094
Direct Fax: 214-855-1333
Email: psmith@ccsb.com
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Mr. Smith practices primarily in the area of complex commercial litigation at both the trial and appellate level.  He has experience in a wide range of matters, including intellectual property, trademark, trade secret, professional liability, director and officer liability, contract disputes, internet domain name litigation, business torts, antitrust, oil and gas litigation, adversary proceedings in bankruptcy, administrative and arbitration proceedings, and collections matters. He has represented clients in a variety of industries, including computer and technology, oil and gas, publishing, recording and entertainment, medical services, recreational vehicles, video games, hospitals, financial and banking, and government entities. 

Mr. Smith is a member of the firm’s intellectual property and appellate practice groups, and has been named by Texas Monthly magazine as a Rising Star from 2007 through 2009. 

In non-litigation matters, Mr. Smith has experience with the legislative process, ballot initiatives, and the drafting of bills concerning taxation and public education.

Mr. Smith graduated from the University of Arkansas, receiving a B.A. degree in philosophy. He completed four years of graduate studies as a doctoral candidate in philosophy at MIT, concentrating in logic, analytical metaphysics, philosophy of mind, and philosophy of mathematics and science. He received his legal education at the University of Texas, earning his J.D., with honors, in 1999. At U.T., he was a member of the Texas Law Review and Order of the Coif.

Representative Matters

Representative intellectual property matters include:

Represented a Dallas not-for-profit pediatric hospital as plaintiff in an action asserting trademark infringement and dilution of the client’s common law marks by competitor hospital; the matter settled on the eve of trial with the defendant’s agreement to change its name.

Obtained favorable settlements in two matters for a domestic publisher seeking to protect its intellectual property rights against foreign defendants, one located in Germany, the other in Turkey.

Successfully resolved litigation involving a defendant’s attempt to make parody use of client’s established trademark, with defendant agreeing to change its mark.

Represented winery in action for trademark infringement and dilution caused by marketing and sale of drain cleaning gun; action settled with defendant agreeing to change its mark.

Other representative matters include:

Represented oil and gas company in accounting arbitration arising from dispute over post-closing net working capital balances.

Represented motor home dealer in dispute with competitor in litigation before administrative bodies of the Texas Department of Transportation, and in appeals brought in Texas district and appellate courts.  Buddy Gregg Motor Homes, Inc. v. Motor Vehicle Board of the Texas Department of Transportation, 156 S.W. 3d 91 (Tex. App.—Austin 2004) and 179 S.W. 3d 589 (Austin 2005).

Assisted in representation of a major international reinsurance brokerage firm in a dispute with a competitor arising from the client’s hiring of two key executives from the competitor.   The request to enjoin the executives from working for our client was defeated, and the matter was ultimately settled to the satisfaction of our client upon the merger of the client with the competitor.

Legal counsel to sponsors of ballot initiative to change Dallas City Government to a “Strong Mayor” system  by amending its city charter  (Proposition 1 on May 7, 2005 ballot).

Pro bono defense of the John F. Kennedy Museum Foundation in litigation brought by the United States Department of Justice concerning ownership of certain artifacts of the Kennedy Administration.

 

Education

University of Texas
J.D., with honors, 1999
Order of the Coif
Member: Texas Law Review, 1998-1999

Massachusetts Institute of Technology
Department of Linguistics and Philosophy
Doctoral Candidate, 1987-1991

University of Arkansas
B.A., high honors, 1987

Judicial Clerkship

Law Clerk, United States District Court, Southern District of Texas, 1999-2000.

Admittances

Texas 1999

U.S. District Courts for the Nothern, Southern, Eastern and Western Districts of Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. Supreme Court

Associations/Affiliations

International Trademark Association

State Bar of Texas

Dallas Bar Association

Kaufman County Bar Association

American Constitution Society

The Federalist Society

Attorney Coach:  Berkner High School Mock Trial Team

Speeches/Publications

Host of the “Roundtable on Best Practices in Electronic Discovery for Trademark Practitioners,” July 24, 2008 (in Dallas), sponsored by the International Trademark Association (INTA).

Co-Author and Speaker, The Revised Texas Disciplinary Rules of Professional Conduct and their ABA Analogues,
Dallas Bar Association Legal Ethics Committee, 2005.

Co-author, Implied Rulings onSummary Judgment Objections: Preservation of Error and Tex. R. App. P. 33. 1(a)(2)(A), The Appellate Advocate, Vol. XV, No. 1 (2002).

Co-author, Can a Corporation Claim Attorney-Client Privilege Against Former Officers and Directors?, Commercial & Business Litigation Journal, Winter 2002-2003.