Shap Smith

My Approach

I am a litigator, advocate and leader who solves difficult problems. I bring proven ability to understand and distill complicated issues quickly, communicate and manage complexity, develop creative solutions, advocate forcefully for the client’s position and bring matters to resolution efficiently. I have 20 years of experience handling complex environmental, construction defect, intellectual property, and commercial litigation.

I served in the Vermont legislature for 14 years, ultimately serving as Speaker of Vermont’s House of Representatives for the last 8 years. As a legislator, I negotiated and resolved the most challenging and complex public policy issues as one of the state’s political, business and policy leaders. Today, I actively apply the experience, influence and relationships I developed in state government to help resolve cases for my clients.

Practice Areas

Intellectual Property
I advise clients on a variety of intellectual property issues. I represent business clients in litigation and the prosecution of trademark applications. I also regularly counsel clients regarding copyright and trademark issues that may arise in their business environment, including how to respond to “cease and desist” letters, ensuring ownership of intellectual property and dealing with potential infringement claims. I also advise clients on internet related issues including domain name disputes, web development agreements, privacy concerns and trademark and copyright infringement.

Insurance Coverage
I have substantial experience representing both carriers and policyholders in insurance coverage matters. I am involved in every phase of the coverage process. I provide coverage opinions and representation in coverage litigation. I advise clients on a variety of matters, including coverage for environmental liabilities, business losses, intellectual property disputes, sexual harassment claims and uninsured motorist claims. I have represented clients in the state trial courts, in the Vermont Supreme Court and the Federal Courts including the Second Circuit Court of Appeals.

Civil Litigation
I represent a number of large companies in construction defect claims. I also frequently represent various professionals in professional liability claims.

Experience

• Obtained summary judgment for private college in student’s high profile challenge to college’s academic honor system.
• Secured decision by Agency Secretary to reverse decision assessing multimillion dollar nursing home provider tax.
• Resolved complex, bet-the-company construction defect litigation after obtaining favorable summary judgment dismissing claim in excess of $7 million dollars.
• Convinced Vermont Supreme Court, in a case with national implications, to reverse trial court decision and enforce a Total Pollution exclusion barring an indoor environmental contamination claim.
• Served as trial counsel in multimillion dollar construction defect case in which client secured judgment on a third party indemnity claim.
• Prevailed in bench trial and appeal of same in multimillion dollar claim against self-insured rental car company.
• Speaker of Vermont’s House of Representatives, unanimously elected in 2009 and served through 2016.

Professional Affiliations

• President, National Speakers Conference (2015-2016)
• Executive Committee, National Conference of State Legislatures 2014-2016
• Member, Board of Trustees, University of Vermont
• Member, Board of Trustees, Spectrum Youth Services
• Member, Board of Directors, The Alchemist Foundation
• Member, Defense Research Institute, American Bar Association
• Vermont Bar Association, Chittenden County Bar Association

Recognition

• Best Lawyers Intellectual Property and Products Liability Litigation – Defendants (2012 – present)
• Best Lawyers Lawyer of the Year – Intellectual Property Litigation for 2022