Megan K. Smith is a partner in Willkie’s Litigation Department. She is based in the Firm’s Los Angeles office.
Megan is a widely recognized trial lawyer who has secured high-profile victories on behalf of clients in federal and state courts, arbitrations and agency proceedings. She advises companies and individuals in business disputes, employment investigations and litigation, intellectual property and trade secret claims, and criminal and regulatory investigations. She also counsels clients on a wide range of civil litigation and advisory matters.
Megan’s clients span a range of industries, including the tech, finance, retail, entertainment, sports, media, fashion, energy, hospitality, insurance, real estate and life sciences sectors.
In addition, she maintains a pro bono practice and has represented pro bono clients at the trial and appellate levels.
Experience
Prior to joining Willkie, Megan was a partner at a global law firm in Los Angeles and New York. She also served as a clerk for Hon. Aleta A. Trauger, US District Court, Middle District of Tennessee.
- Named to the “40 & Under” List in Commercial and Intellectual Property by Benchmark Litigation (2022-2026)
- Recommended by The Legal 500 US for Trade Secrets (Litigation & Non-Contentious Matters) (2023-2024); Media & Entertainment: Litigation (2024); and Sport (2024)
- Member, Federal Bar Association
- Author, “Stars, Paparazzi, and the Puzzling Law of Copyrights,” IPWatchdog (November 22, 2021)
- Moderator, “How Will AI Change Live for Booking, Marketing, Operations & Risk Management,” Pollstar Live! Conference (February 2024)
- Panelist, “What Tech Advances Mean for Marketing, Operations & Fan Engagement,” 2023 VenuesNow Conference (September 2023)
Complex Commercial Litigation
- Successfully defended DNA testing company in trade secret and breach of contract claims
- Successfully defended device manufacturer in breach of contract and fraud claims arising from sale of medical-grade masks
- Represent hospitality company in breach of contract dispute arising from termination of multiyear service contracts
- Represented Oak View Group in trade secret litigation arising from theft of employee computer
- Advised manufacturer of solar panels in resolution of contract dispute
- Represented a major U.S. auto service company in regulatory dispute filed by the California Department of Insurance
- Defended book publisher Penguin Random House at trial against antitrust claims filed by the DOJ in connection with the Penguin Random House and Simon & Schuster merger
- Represented an automobile company in several administrative law forums across the country in actions regarding its right to sell its vehicles directly to consumers under state constitutions
- Defended a real estate company and owner of a five-star hotel against trade secret and breach of contract claims
- Successfully defended a Fortune 500 company against false claims act and unfair competition claims
- Defended owner of online magazine against American with Disabilities Act claims tied to website accessibility matters
- Advised a Fortune 500 pharmaceutical company regarding prosecution of a civil racketeering and conspiracy action
- Defended a large private equity firm against withdrawal liability ERISA claims
- Successfully obtained dismissal for a private equity company against breach of contract claims in New York Supreme Court
Entertainment, Sports & Media
- Represent various social media influencer companies and clients in breach of contract and intellectual property claims
- Represent owner of major league sports team in shareholder dispute
- Represent various entertainment executives in employment-related disputes
- Defended film production company in wrongful termination case filed by a former executive
- Represented the owner and Chairman of the Baltimore Orioles in a trust and estates dispute regarding ownership of the Club
- Represented the owner of the historic Forum sports and concert arena in a contractual fraud litigation that ended in a $400 million sale of the Forum to Steve Ballmer
- Defended Top Rank and a professional boxer at arbitration in a breach of contract dispute
- Represented professional boxer in breach of contract and tort dispute
- Represented professional sports agent in dispute with major league sports players’ association
- Represented major league sports team in employment investigation
Intellectual Property
- Represented a brand owner and licensor in a breach of contract and trademark infringement case against its licensee
- Defending a fast fashion brand from Lanham Act claims asserted by sports retailer
- Defended land development company Lennar Corp. at trial against trademark infringement and unfair competition claims related to its specialized home product
- Defended sbe, a hotel management, real estate, and entertainment company, and hotelier Sam Nazarian against trademark claims related to their luxury hotel brand
- Defended a subsidiary of publicly traded pharmaceuticals company in state and federal multidistrict litigation related to products liability litigation
- Defended a fashion company and its chief executive against intellectual property and breach of contract claims
- Defended Live Nation Entertainment, Inc. against trademark infringement claims related to its iconic music festival
- Defended a major international apparel and accessories retailer in a highly publicized trademark infringement trial in the Southern District of New York
- Advised for-profit educational collective on various trademark matters
- Advised documentary filmmaker on intellectual property matters
*Megan advised on some of these matters prior to joining Willkie.
Credentials
Education
New York University School of Law, J.D., 2011 Duke University, B.A., 2007
Bar Admissions
Court Admissions
United States District Court, Southern District of New York United States District Court, Central District of California United States District Court, Eastern District of California United States District Court, Western District of Michigan United States Court of Appeals, 3rd Circuit