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Ross C. Smith | Principal
rsmith@bergerkahn.com
Orange County
Ross Smith has extensive experience in all aspects of insurance coverage, business litigation, and labor and employment law. He handles court and jury trials in state and federal courts, as well as arbitrations and mediations. Ross was recently selected as a 2010 Southern California Rising Star, an award that recognizes up-and-coming young attorneys who are no more than 40 years old or who have been in practice 10 years or less.
In the insurance area, Ross represents major insurance carrier clients, with an emphasis on third-party liability coverage and "duty to defend" issues. He is experienced handling coverage matters at all stages of the process, from rendering and evaluating formal coverage opinions to bringing and responding to appeals. Ross has obtained numerous favorable judgments via summary judgment and bench trials, including a recent victory in which he obtained a seven figure equitable contribution judgment following an extensive three day bench trial for a major insurance company client against another carrier that disclaimed ever having any duty to defend.
Ross also prosecutes and defends complex business and contract disputes in the areas of labor and employment, corporate management and ownership, unfair competition, and intellectual property. Ross is particularly skilled at tactical law and motion, supporting and opposing efforts to obtain pre-trial and post-trial determinations from the court.
In the employment area, Ross represents clients in cases involving wrongful termination and retaliation, age discrimination, national origin discrimination, pregnancy discrimination, Labor Code violations, privacy, unfair business competition, and RICO, among others. He also has experience enforcing and challenging arbitration agreements.
Ross received his J.D. from Cornell Law School in 1998, with an emphasis in international legal affairs and a concentration in business and regulatory law. Prior to law school, Ross received his Bachelor's degree in Political Science with honors from North Dakota State University.
In his spare time, Ross enjoys reading, writing, drawing, relaxing with his family, and creating and resolving action figure disputes with his son.
He is licensed to practice law in California and Connecticut.
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