Chuck Smith joins JAMS in Chicago following nearly 40 years as a trusted advisor in high-stakes disputes. As counsel to both plaintiffs and defendants, Chuck has tried complex cases in federal and state courts throughout the country, as well as before arbitral tribunals worldwide.
Chuck guided countless large and midsize companies through post-deal and breach of contract disputes. He tried—and often settled—billion-dollar financial services disputes, federal securities class actions, shareholder derivative actions, employee noncompetition cases, software development and installation disputes, manufacturing contract disputes, defamation claims, among many others.
Chuck has a reputation for cutting to the heart of a dispute and helping parties resolve matters efficiently and fairly. He believes that parties should fight over what matters but find common ground when possible. This is best done, in his view, by combining hard work, deep analysis and the interpersonal tools of warmth, empathy and humor.
Representative Matters
In his role as an advocate, Chuck has extensive litigation and settlement experience in a wide variety of areas, including:
- Accounting Finance
- Representation of a large financial institution in a dispute over investments by a third party in solar finance securitizations
- Representation of several of the country’s largest financial institutions in litigation and government investigations related to securitization of mortgage loans, including negotiation of a multibillion-dollar settlement with the Department of Justice and SEC, of litigation brought by federal regulators, institutional investors and quasi-governmental entities
- Representation of a nationally recognized valuation firm in litigation and related government investigations regarding valuation of non-liquid assets
- Representation of an international accounting firm in securities and derivative litigation arising from a restatement by a manufacturing company
- Representation of a payments software firm in investigating two end-of-quarter revenue recognition issues and related discussions with auditors
- Representation of a senior executive at a pharmaceutical company in an SEC investigation related to cross-border accounting issues
- Representation of an insurance company in evaluating revenue recognition issues
- Representation of a senior executive at an animal products company in an SEC investigation related to revenue recognition issues
- Representation of the chief accounting officer of a large consulting firm in an SEC investigation related to a restatement
- Antitrust & Competition
- Representation of a financial services firm in litigation involving allegations of collusion and monopoly behavior in clearing services
- Representation of an airline in industry-wide antitrust litigation
- Appellate
- Represented a state social services agency in successful challenge to federal regulation in the United States Supreme Court
- Represented a major airline in appeal of merger-related litigation in the United States Court of Appeals for the Seventh Circuit
- Represented a manufacturing company in bankruptcy-related appeals in the Eighth Circuit Bankruptcy Appellate Panel and the full Eighth Circuit
- Represented a multi-line insurer in appeal in the Illinois Appellate Court related to a shareholder derivative action regarding alleged breaches of fiduciary duty
- Banking
- Representation of a bank and its senior management in securities and derivative litigation arising from an investigation by the Consumer Financial Protection Bureau
- Trial representation for a financial institution in a dispute with investors in mortgage-backed securities
- Representation of a large national bank in litigation, regulatory investigations and settlement negotiations that led to a multibillion-dollar settlement with federal and state regulators related to the financial crisis
- Representation of several large national and international banks in litigation related to mortgage-backed securities
- Representation of a bank in a dispute with investors in solar loans securitized by a bank affiliate
- Representation of a bank in responding to litigation and demands related to a proposed merger with another financial institution
- Bankruptcy
- Representation of a leading jewelry retailer in litigation matters arising in its Chapter 11 case
- Representation of a large, diversified retailer in litigation matters and regulatory investigations related to its Chapter 11 case
- Trial counsel for a foreign bank as lender to a Russian oil company in obtaining dismissal of a U.S. bankruptcy filing
- Representation of a men’s clothing company in litigation related to its Chapter 11 case
- Business Commercial
- Representation of one of the largest medical device companies as plaintiff and defendant in several disputes arising from M&A transactions
- Representation of a food service equipment manufacturer as plaintiff in a federal jury trial involving alleged fraud and breaches of representations and warranties by the seller in an M&A transaction
- Representation of an international food service equipment manufacturer as plaintiff in Delaware state court in a case alleging fraud and breaches of representations and warranties by the sellers in an M&A transaction
- Representation of a food service equipment manufacturer as defendant in post-merger litigation
- Representation of a home goods company in a dispute against a consulting firm that installed an enterprise software system
- Representation of a large insurance company in a dispute involving installation of an enterprise software system
- Representation of a private equity firm in two post-M&A dispute jury trials in Illinois state court
- Representation of one of the largest airlines in an arbitration related to a computerized reservation system
- Representation of a leading food service equipment manufacturer in arbitration related to vending machine cooking technology licensing
- Representation of a multinational food service equipment company in an arbitration over licensing of oven technology
- Representation of an airline holding company in trial court and appeal of union effort to enjoin an M&A transaction
- Representation of an investment bank in resolving a dispute over the alleged wrongful death of an employee
- Representation of an airline as plaintiff in a dispute with a provider of in-flight technology services
- Representation of an online shopping services company in a contract dispute with a large software company
- Representation of a pharmaceutical manufacturer as settlement counsel in resolving a high-profile case brought by the State of Illinois related to the opioid epidemic
- Representation of a lighting manufacturing company as plaintiff in disputes with its founder and CEO
- Representation of a lighting manufacturing company as settlement counsel to resolve a dispute related to an arbitration ruling
- Civil Rights
- Representation of a state child welfare agency (including as trial counsel and on appeals in the United States Court of Appeals and the Supreme Court of the United States) in a series of groundbreaking class actions that challenged virtually every aspect of the state’s child welfare system
- Representation, pro bono, of two state election workers in a defamation and intentional infliction of emotional distress case against an online publication
- Representation, pro bono, of a coalition of community groups in litigation that challenged Illinois’ implementation of its motor voter law (including negotiation of a national precedent-setting settlement)
- Representation, pro bono, of a railroad employee in a race discrimination case against his employer
- Class Action & Mass Tort
- Representation of a major auto insurance company in class action litigation over specifications of aftermarket auto parts
- Representation of a nationally recognized valuation firm in class action litigation related to valuation of illiquid assets
- Representation of an international accounting firm in shareholder litigation arising from a restatement
- Representation of a leading financial services firm in class action litigation related to alleged antitrust violations in brokerage services
- Representation of a bank and its senior management in shareholder litigation arising from a regulatory investigation
- Representation of a bank in litigation and related demands concerning disclosures and other issues in an M&A transaction
- Representation of a state agency in a series of class actions related to provision of social services, including in a federal trial, in two federal appellate court proceedings and in the Supreme Court of the United States
- Representation of plaintiff interest groups and individuals in federal class action litigation challenging Illinois’ implementation of its motor voter law (and negotiation of a groundbreaking settlement)
- Representation of an annuity company in several class action lawsuits throughout the country challenging sales practices
- Representation of the CEO of a leading insurance company in federal securities and derivative litigation related to auto claims
- Representation of an international accounting firm in class action litigation related to a restatement
- Representation of a public, non-traded REIT in shareholder class action litigation related to liquidity issues
- Representation of a multinational manufacturing company in securities litigation arising out of alleged misconduct by its CEO and founder
- Cybersecurity & Privacy
- Representation of a leading derivatives-industry participant in a series of investigations by the Commodity Futures Trading Commission, including related to a cybersecurity incident
- Representation of a manufacturing company in responding to a successful international phishing attack and the related efforts to recover funds
- Employment Law
- Representation of a large accounting firm in negotiating issues related to the departure of its CEO
- Trial counsel for an international manufacturing company in litigating alleged noncompete and trade secret violations by an incoming executive
- Representation as plaintiffs’ counsel for a worldwide manufacturing company in enforcing various noncompete, confidentiality, trade secret and nonsolicitation agreements by key employees
- Representation of a medical device company in evaluating noncompete and trade secret issues for an incoming executive
- Representation of a grocery chain in investigating possible wrongdoing by a senior executive
- Representation of a large law firm in matters related to partners who moved to other firms
- Representation of a software company in an SEC investigation related to alleged options backdating in executive compensation
- Representation of a railroad employee as plaintiff in a race discrimination case against his employer
- Financial Markets
- Representation of a large broker-dealer in various FINRA and SEC enforcement matters related to mutual fund share classes and advertising restrictions
- Representation of a leading derivatives market firm in numerous CFTC matters
- Representation of an individual subject to a public company bar by the SEC in seeking reinstatement
- Representation of a manufacturing company in discussions with an exchange regarding possible delisting
- Health Care
- Representation of a pharmacy benefit manager in a regulatory investigation
- Representation of a leading medical device manufacturer in numerous M&A due diligence and post-M&A dispute matters arising from a series of transactions
- Representation of one of the world’s largest retailers in renegotiating its contract with a leading medical supply company, as well as related disputes
- Representation of an innovative imaging services firm in post-M&A disputes over alleged breaches of representations and warranties
- Insurance
- Representation of an annuity company in sales practices litigation in state courts throughout the country
- Representation of an annuity company and its senior executives in an SEC enforcement action
- Representation of the CEO of a large insurance company in federal securities and shareholder derivative litigation related to auto claims frequency
- Representation of an auto insurance company in nationwide class action cases related to aftermarket auto parts
- Intellectual Property
- Arbitration counsel for a manufacturing company in a cross-border matter claiming breach of intellectual property licensing agreement related to cutting-edge technology
- Arbitration counsel for a manufacturing company accused of breach of an intellectual property license agreement
- Advised clients on intellectual property licensing litigation risks in many M&A transactions
- International & Cross Border
- Represented a leading automaker in a worldwide DOJ and SEC investigation of alleged violations of the Foreign Corrupt Practices Act
- Trial counsel for a foreign bank as lender to a Russian oil company in obtaining dismissal of a U.S. bankruptcy filing
- Testified in a Swiss arbitration regarding termination of an exclusive international distributor agreement by a German manufacturing company
- Represented a multinational manufacturing company in an FCPA investigation by the DOJ and SEC related to alleged bribery in South America
- Professional Liability
- Representation of an appraisal affiliate of a large accounting firm in litigation over the valuation of a trophy hotel
- Representation of an international accounting firm in litigation and regulatory enforcement matters related to a revenue recognition issue at a client of that firm
- Representation of a leading professional services firm in matters related to the departure of certain partners
- Representation of a valuation firm in federal litigation, SEC investigations and other disputes challenging its valuation of non-liquid assets
- Real Property
- Representation of a senior living company in arbitration related to termination of a management contract
- Representation of a senior living company in a dispute with a real estate developer regarding development of a new facility
- Representation of a public, non-traded REIT in derivative litigation and SEC investigation arising out of efforts by certain shareholders to obtain liquidity
- Representation of a public, non-traded REIT in disputes over construction of a student housing project
- Securities
- Representation of a large regional bank and its senior executives in securities and derivative litigation arising from a CFPB investigation
- Representation of an international lighting company in securities and shareholder derivative litigation, as well as related SEC and DOJ investigations, arising from a dispute between the company’s founder/CEO and then-current general counsel
- Trial counsel for a Swiss bank sued by investors in mortgage-backed securities
- Counsel for a bank in a variety of federal and state securities litigation, investor suits and investigations by federal and state regulators related to the collapse of the market in mortgage-backed securities
- Representation of a bank as settlement counsel to resolve various federal and state investigations related to the mortgage crisis
- Representation of U.S. and German financial institutions in U.S. securities litigation related to a securities offering by a Greek shipping company
- Representation of an airline holding company in securities litigation related to a stock drop
- Representation of the CEO of a leading insurance company in securities litigation related to claims frequency
- Representation of a media company and its executives in securities and derivative litigation arising from acquisition of the company by its founder and a private equity firm
- Representation of a media company in an SEC and DOJ insider trading investigation related to trading by the then-CEO’s husband
- Representation of a manufacturing company in shareholder derivative litigation arising from a merger
- Representation of a financial institution in resolving threatened securities and shareholder derivative litigation related to a merger with another bank
- Representation of a public, non-traded REIT in derivative litigation related to its failure to authorize a liquidity event
Honors, Memberships, and Professional Activities
- Certification, Harvard Mediation Intensive, The Program on Negotiation, 2025
- Board Member, I Am ALS, 2025
- Board Member, Joffrey Ballet of Chicago, 2018–2025
- Trustee, Trustee Emeritus and Chair (2019–21), Knox College, 2003–2025
- Honoree, Celebrating Allies, Chicago Alliance Against Sexual Exploitation (CAASE), 2024
- Chambers USA, Band 1, Illinois Securities Litigation, 2016–2024
- Honoree, Chicago Lawyers Committee for Civil Rights, 2021
- Chicago Bar Foundation
- Chair, 2017–2018
- Board Member, 2008–2018
- All Star, BTI Client Service Award, 2018
- Pillar of Justice Honoree, Chicago Appleseed, 2013
- Honoree, National Diversity Council, 2013
Background and Education
- Partner; Skadden, Arps, Slate, Meagher and Flom; 1988–2024
- Law Clerk to the Hon. Richard D. Cudahy, United States Court of Appeals for the Seventh Circuit, 1987–1988
- J.D., cum laude, University of Chicago Law School, 1987
- B.A., cum laude, Political Science, Knox College, 1984
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