James P Smith

James P. Smith III co-chairs Winston’s securities litigation practice, leading what The Legal 500 US describes as a “fabulous, ... first rate” “cadre of lawyers in New York who continue to impress in the M&A litigation space—they are as good as anyone in the industry.” He is ranked in the area of New York Litigation: Securities by Chambers USA in 2017-2019 and 2021-2023, where “impressed interviewees” praise him as “an exceptionally good trial lawyer and excellent strategic thinker.” He is recommended by The Legal 500 US in the areas of Securities and M&A Litigation–Defense as a “great lawyer with excellent judgment” who is always in tune “with what will–and will not–impress a judge” and, according to one interviewee, “remains one of the most eloquent lawyers I have ever encountered.” Jim is also a Benchmark Litigation US “National Practice Area Star” in Securities Litigation and is one of Lawdragon’s 2022 “500 Leading Litigators in America.”

His practice areas comprise a broad range of complex commercial litigation, with a focus on M&A-related litigation and contests for corporate control, federal securities fraud class action defense, corporate governance litigation and advice, the defense of shareholder derivative suits and shareholder derivative demand response, and state deceptive sales practices/consumer fraud class action defense.

Jim is a first-chair trial lawyer and has tried numerous cases (including in the Delaware Court of Chancery) and argued notable appeals before various state and federal appellate courts. He has represented clients in a variety of industries, including: technology/e-commerce; commercial and investment banking; private equity; hedge funds; derivatives and securitization; insurance; energy; oil and gas; health care; biotech; semiconductors; and telecommunications.