Prescott W. Smith
Based in the Dallas office, Prescott brings a diverse civil practice to the firm. He has a wealth of experience in state and federal court representing defendants at the pre-litigation, trial and appellate levels.
Matters that he has handled include oil and gas, intellectual property issues and trademark litigation, contractual disputes, business torts, director’s and officer’s liability, antitrust, administrative law practice, bankruptcy, and statutory drafting and related counseling for ballot initiatives and proposed bills.
Prescott has extensive high profile MDL experience, including his work as a member of the trial team representing Halliburton in the litigation arising out of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. He was involved at multiple levels in that litigation, ranging from initial analysis of documents and fact discovery, identification and development of expert witnesses and associated reports, the taking or defense of dozens of depositions, motion practice and briefing work before the MDL court and the Fifth Circuit, development of trial strategy, and the presentation of Halliburton’s source control expert during the Phase II trial in New Orleans. Prescott is also experienced in legal issues relating to admiralty and maritime law, and is familiar with operational practices and the process safety implications of oil drilling operations.
University of Texas School of Law, J.D. (1999)
Massachusetts Institute of Technology, Doctoral Candidate (1987-1991)
University of Arkansas, B.A. (1987)
State Bar of Texas
U.S. District Courts for the Northern, Eastern, Western and Southern Districts of Texas
Dallas Bar Association
Kaufman Bar Association
Life Fellow, DAYL Foundation
The International Trademark Association Committee: The Trademark Reporter, 2009-2011
The Federalist Society
American Constitution Society
Attorney Coach: Berkner High School Mock Trial Team (2008-2009)
Named as a "Rising Star" by Texas Monthly Magazine 2006-2009
Recognized as a Super Lawyer by Texas Super Lawyers magazine (Personal Injury - Products Defense), 2016
Host of the "Roundtable on Best Practices in Electronic Discovery for Trademark Practitioners," July 24, 2008 (in Dallas), sponsored by the International Trademark Association.
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 on Summary 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.