D. Jacques Smith is a partner at Arent Fox, and leader of the Complex Litigation group in Arent Fox’s DC office. He is an AV rated attorney who has amassed more than 20 years of experience handling jury, bench, and administrative trials in a variety of civil and criminal cases 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. Additionally, he has been a General Courts-Martial Judge for the last five years, serving as the Chief Navy Reserve Trial Judge for the past two years. Jacques was recently elevated to the Navy-Marine Corps Court of Criminal Appeals, where he will serve as an appellate judge. Jacques is a frequent writer and speaker on complex litigation, pharmaceutical fraud, and electronic discovery issues.
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 on their rights and liabilities before litigation arises. He has substantial experience in 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:
- Representation of a pharmaceutical company in a False Claims Act litigation in United States, ex rel Conrad v. Actavis Mid-Atlantic, et al (D. Mass)
- For the past 12 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 multiple pharmaceutical companies in ongoing pricing dispute (19th Judicial District LA; MD La.; DMA)
- 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)
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 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 as the Chief Judge of the Navy Reserve Trial Judiciary. Jacques was recently elevated to serve as an Appellate Judge on the Navy-Marine Corps Court of Criminal Appeals.
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. He has served as an adjunct faculty member at the Naval Justice School and Army’s Judge Advocate General School for many years.
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.