D. Jacques Smith

Tabset

Bar & Court Admission

Bar & Court Admissions

District of Columbia Bar

Louisiana Bar

Maryland Bar

Supreme Court of the United States

US Court of Appeals for the Armed Forces

US Court of Federal Claims

US Court of International Trade

Navy-Marine Corps Court of Criminal Appeals

US District Court, District of Maryland

US District Court, Eastern District of Louisiana

US District Court, Eastern District of Wisconsin

US District Court, Western District of Michigan

US Court of Appeals, District of Columbia Circuit

US Court of Appeals, Federal Circuit

US Court of Appeals, 4th Circuit

US Court of Appeals, 9th Circuit

US Court of Appeals, 6th Circuit

US Court of Appeals, 3rd Circuit

US District Court, District of Columbia

Education

National Judicial College,

(Advanced Evidence; Advanced Procedure),

2010

Louisiana State University,

JD,

1991

Loyola University,

BA,

(cum laude),

1988

D. Jacques

Smith

Partner

Washington, DC

202.857.6154

jacques.smith@arentfox.com

Download vCard

Jacques Smith is an AV rated attorney and an active member of the firm’s litigation, life sciences, and intellectual property groups. He has amassed more than 20 years of experience handling jury, bench, and administrative trials in a variety of civil and criminal cases. Jacques has handled a broad range of cases in mediation, arbitration, trial, and appeal in state and federal courts throughout the country. His principal litigation experience is in the areas of complex federal court litigation, False Claims Act defense, and intellectual property, including patent disputes. Jacques is a frequent writer and speaker on complex litigation, pharmaceutical fraud, and electronic discovery issues.

Client Work

Jacques represents domestic, foreign, and sovereign clients in complex civil litigation at all levels in both federal and state courts. He also frequently advises these clients with respect to their rights and liabilities before litigation arises. He has substantial experience in handling and supervising a nationwide litigation docket of complex cases arising in multiple states. More than 50 of Jacques’ cases have been reported.

Selected significant matters include:

For the past 10 years, served as lead litigation counsel representing a major pharmaceutical manufacturer in connection with the Average Wholesale Price MDL throughout the country in In re: Pharmaceutical Industry Average Wholesale Litigation (MDL No. 1456)
Representation of a vaccine manufacturer in a False Claims Act litigation in Dingle v. BioPort Corp. (WD Mich.; 6th Cir.; USSC)
Representation of a pharmaceutical company in a patent case in Glaxo v. Impax Laboratories (NDCal.)
Representation of a major foreign corporation in a patent dispute brought under Section 337 of the Tariff Act before the International Trade Commission; In The Matter of Certain Zero-Mercury-Added Alkaline Batteries (ITC)
Representation of a major vaccine producer in a challenge brought by military service members in Bates v. BioPort Corp. (DDC)
Intervened on behalf of multiple clients to assure that their confidential information was protected in federal court litigation, including:
- Protecting the confidential trade secrets of a major software company in antitrust litigation in United States v. Oracle Corp. (ND Cal.)
- Securing the confidentiality of important state documents for a sovereign nation in InRe: Vitamin Antitrust Litigation (DDC)
Representation of APA-The Engineered Wood Ass’n v. Professional Service Indus., Inc. (NDIL) in claims of copyright infringement, passing off, and false advertising
Representation of a sovereign nation in a breach of contract action in ABC v. Gabonese Republic (CD Cal.; 9th Cir.)
Representation of a hospital in four False Claims Act Cases where its former General Counsel brought suit (Sup. Ct. Cal.; ND Cal.)
Representation of a major hospital in connection with a proposed Government audit and complex administrative subpoena (ED Pa.; 3rd Cir.)
Representation of an international computer company in connection with complex patent litigation (SDNY; Fed. Cir.)
Representation of a major pharmaceutical company in connection with patent and unfair competition litigation (USDC MD)
Representation of a major utility company in cases alleging wrongful death, wrongful injury, and product liability issues (NJ / USDC NJ)
Representation of a major urban hospital in connection with a False Claims Act case (DDC)

Military Service

In 1990, Jacques began his career as a litigator while serving with the Judge Advocate General's Corps of the United States Navy. As a US Navy attorney, Jacques served as a prosecutor, chief defense counsel, and appellate defense counsel while being stationed in locations throughout the world. He gained extensive litigation experience, trying hundreds of courts-martial at trial and on appeal. Jacques later served in the Navy's General Litigation Division representing the Navy's and Department of Defense's interests in federal district courts and courts of appeal throughout the country, the US Court of Claims, and the Federal Circuit. Following his affiliation with Arent Fox in 1996, Jacques continued his service as a reserve officer as Commanding Officer (acting) and Executive Officer of the Regional Legal Service Office for Naval District Washington, as a General Court - Martial Military Judge, and most recently as the Chief Judge of the Navy Reserve Trial Judiciary.

Jacques was named the American Bar Association's Outstanding Young Naval Attorney in 1993 and has been awarded the Meritious Service Medal, four Navy Commendation Medals, the Navy Achievement Medal, and multiple Secretarial and Flag Letters of Commendation for outstanding military and professional service. He was promoted to Captain in the United States Navy in 2009. Jacques was designated a Litigation Expert by the Navy Judge Advocate General Corps’ Military Justice Litigation Career Track Selection Board in 2009.

Publications, Presentations and Recognitions

Jacques is committed to public service matters and in 2000 he was awarded the firm's Albert Arent Pro Bono Award for outstanding commitment to community service and pro bono interests. His public interest work is significant and varied including work for Catholic Charities, representation to the indigent, and a decade of service as an instructor, mentor, and coach of the Benjamin Banneker Academic High School Moot Court Team in connection with Georgetown University Law School’s Street Law Program.

Jacques is a regular writer, speaker, and commentator on a variety of complex litigation, health care, and e-discovery issues nationwide. A representative publication is What To Do When Government Agents Are Knocking at Your Corporation's Door: Successfully Navigating Government Investigations. Jacques recently spoke at the American Conference Institute’s Prescription Drug Pricing Conference.

Date	Type	Title
4 / 5 / 2012	Press Release	Major Arent Fox Victory in $421 Million Medicaid Kickback Suit Reported by Law360
2 / 17 / 2011	Press Release	Arent Fox Announces 2010 Mentors of the Year
4 / 23 / 2008	Event	Navigating the New World of E-Discovery
10 / 28 / 2004	Alert	Anthrax Vaccine Manufacturer Wins 6th Circuit Ruling to Bar Parasitic Qui Tam Action
1 / 6 / 2004	Alert	FDA Declares Anthrax Vaccine Safe and Effective

In Dingle v. BioPort Corp., Arent Fox Successfully Represented Vaccine Manufacturer in False Claims Act Case

People:

D. Jacques Smith

Practices:

Commercial Litigation

Representation of APA in Claims of Copyright Infringement, Passing Off, and False Advertising

Representation of APA-The Engineered Wood Ass’n v. Professional Service Indus., Inc. (NDIL) in claims of copyright infringement, passing off, and false advertising

People:

D. Jacques Smith

Practices:

Antitrust & Competition Law, FDA Practice (Food & Drug), Health Care, Intellectual Property, International Trade, White Collar & Investigations

Industries:

Life Sciences

Representation of an international computer company in connection with complex patent litigation

Representation of an international computer company in connection with complex patent litigation (SDNY; Fed. Cir.)

People:

D. Jacques Smith

Arent Fox Takes On False Claims Act Case Against Vaccine Manufacturer

Arent Fox represents a vaccine manufacturer in False Claims Act litigation in Dingle v. BioPort Corp. (WD Mich.; 6th Cir.; USSC).