Associate
Colleen R. Smith
- William & Mary, J.D. (2015)
- College of Idaho, B.S. (2011)
Colleen R. Smith is a skilled trial and appellate litigator specializing in complex commercial disputes, high-stakes appeals, and cutting-edge civil rights litigation.
Colleen is widely recognized as one of the leading young attorneys in the nation (Young Lawyer of the Year (finalist), The American Lawyer (2023); Top 40 Young Lawyers, ABA (2023); Lawyers on the Fast Track (winner), The Recorder (2023); Ones to Watch, Best Lawyers (2022 – present)). Colleen’s breadth of experience sets her apart from her peers. She has experience representing clients on both sides of the “v” across multiple industries, from financial services, to life sciences, to media and communications. Colleen is also deeply dedicated to helping all of her clients reach successful outcomes, in whatever form that takes. She has helped her clients achieve those successes at all stages of litigation, from pre-suit settlements, through Supreme Court appeals.
Colleen is known as an exceptional legal writer with the ability to draft a persuasive brief that simplifies and synthesizes complex law on even the tightest of deadlines. She is the “go to” lawyer to execute emergency motions, petition for certiorari, and eleventh-hour appeals.
Colleen maintains an active pro bono practice with a focus on high-impact civil rights litigation in her home state of Idaho. She serves on the ACLU of Idaho Legal Panel and regularly litigates cases impacting reproductive rights, LGBTQ+ rights, and First Amendment rights. Colleen also believes in giving back to her community through board service. She currently serves on the William & Mary Law School Association Board of Directors and on the Board of Directors for a nanotechnology startup.
Prior to entering private practice, Colleen clerked for three federal judges: Judge Liam O’Grady of the U.S. District Court for the Eastern District of Virginia, Judge N. Randy Smith of the U.S. Court of Appeals for the Ninth Circuit, and Chief Judge David Nye of the U.S. District Court for the District of Idaho.
Trial Court
In re Chiquita Canyon Landfill Litigation
Colleen serves as lead plaintiffs’ counsel in this mass action against the operators of a Los Angeles County landfill whose negligence and misconduct have exposed thousands of nearby residents to hazardous chemicals, through gas emissions and wastewater since 2022. Colleen drafted the lead complaint—which has been adopted by every other firm in the litigation—and successfully defended plaintiffs’ allegations against a motion to dismiss.
Hensiek v. Bd. of Directors of CQ Holding Co.
Colleen served as one of the lead plaintiffs’ counsel in this class action challenging the legality of a $170 million sale of a St. Louis Casino to an employee stock ownership plan. The vastly inflated sales price doomed the ESOP to failure, leaving the employees with almost nothing, while the wealthy former owners profited substantially. Colleen defeated seven separate dispositive motions before defendants agreed to settle.
Planned Parenthood Great Northwest v. Labrador
Colleen played a central role in securing a preliminary injunction for several Idaho doctors that enjoined the Attorney General of Idaho from enforcing Idaho’s abortion statute as criminalizing the practice of referring patients for legal, out-of-state abortions. In this case of first impression, the District of Idaho declared such an interpretation of Idaho law likely violates the First Amendment rights of the healthcare providers. Colleen helped successfully defend the preliminary injunction on appeal to the Ninth Circuit.
Whinstone v. Rhodium
Colleen has served a crucial role in securing multiple victories for industrial-scale bitcoin miner Rhodium in this make-or-break dispute with its landlord over the alleged termination of hosting contracts valued in the hundreds of millions that has spanned multiple forums. Colleen drafted nearly every key brief in advance of a successful week-long trial in the Bankruptcy Court for the Southern District of Texas. The Court’s post-trial order adopted significant portions of the summary judgment briefing Colleen carefully crafted on Rhodium’s behalf.
Appellate
Wit v. United Behavioral Health
Colleen’s brief writing helped convince a Ninth Circuit panel to withdraw two successive decisions, grant panel rehearing, and issue a favorable opinion that revived ERISA breach of fiduciary duty claims brought on behalf of 60,000 individuals who were denied mental health and substance abuse benefits covered by Defendant’s health insurance plans.
Cintas v. Hawkins
Colleen played a central role in the certiorari fight in this case, which presented a significant question about the arbitrability of ERISA representative actions. Facing an elite Supreme Court team and despite the predictions of industry watchers, Colleen helped persuaded the Court to deny certiorari.
Novartis Pharms. Corp. v. HEC Pharm. Co.
Colleen Successfully blocked Novartis’s emergency motion to stay and petition for certiorari seeking review of Federal Circuit’s ruling that Novartis’s patent on a multiple sclerosis drug failed the written description requirement.
Coleman v. Brozen
Colleen served as lead drafter in this significant Fifth Circuit appeal presenting consequential questions about the enforceability of individual arbitration agreements in representative actions brought under ERISA. Shortly after oral argument, the case settled.
A Spoonful of (Added) Sugar Helps the Constitution Go Down, 71 Food & Drug L.J. 442 (2016)
Scouting For Approval: Lessons on Medical Device Regulation in an Era of Crowdfunding from Scanadu’s “Scout,” 70 Food & Drug L.J. 209 (2015)
American Bar Association – Young Lawyers Division, Labor and Employment Law Division
ACLU of Idaho – Legal Panel member
C-TAG Corporation Board of Directors – Director
Federal Bar Association, Idaho Chapter – Secretary
Idaho State Bar, Litigation Section, Appellate Section – member
William & Mary Law School Association Board of Directors – Director
Young Lawyer of the Year: Beyond Practice (1 of 7 finalists), The American Lawyer (2023)
Lawyers on the Fast Track (winner), The Recorder (2023)
Top 40 Young Lawyers in America, ABA Young Lawyers Division (2023)
Accomplished Under 40, Idaho Business Review (2023)
Ones to Watch in America, Best Lawyers (2022 – present)
Overview
Colleen R. Smith is a skilled trial and appellate litigator specializing in complex commercial disputes, high-stakes appeals, and cutting-edge civil rights litigation.
Colleen is widely recognized as one of the leading young attorneys in the nation (Young Lawyer of the Year (finalist), The American Lawyer (2023); Top 40 Young Lawyers, ABA (2023); Lawyers on the Fast Track (winner), The Recorder (2023); Ones to Watch, Best Lawyers (2022 – present)). Colleen’s breadth of experience sets her apart from her peers. She has experience representing clients on both sides of the “v” across multiple industries, from financial services, to life sciences, to media and communications. Colleen is also deeply dedicated to helping all of her clients reach successful outcomes, in whatever form that takes. She has helped her clients achieve those successes at all stages of litigation, from pre-suit settlements, through Supreme Court appeals.
Colleen is known as an exceptional legal writer with the ability to draft a persuasive brief that simplifies and synthesizes complex law on even the tightest of deadlines. She is the “go to” lawyer to execute emergency motions, petition for certiorari, and eleventh-hour appeals.
Colleen maintains an active pro bono practice with a focus on high-impact civil rights litigation in her home state of Idaho. She serves on the ACLU of Idaho Legal Panel and regularly litigates cases impacting reproductive rights, LGBTQ+ rights, and First Amendment rights. Colleen also believes in giving back to her community through board service. She currently serves on the William & Mary Law School Association Board of Directors and on the Board of Directors for a nanotechnology startup.
Prior to entering private practice, Colleen clerked for three federal judges: Judge Liam O’Grady of the U.S. District Court for the Eastern District of Virginia, Judge N. Randy Smith of the U.S. Court of Appeals for the Ninth Circuit, and Chief Judge David Nye of the U.S. District Court for the District of Idaho.
Representative Matters
Trial Court
In re Chiquita Canyon Landfill Litigation
Colleen serves as lead plaintiffs’ counsel in this mass action against the operators of a Los Angeles County landfill whose negligence and misconduct have exposed thousands of nearby residents to hazardous chemicals, through gas emissions and wastewater since 2022. Colleen drafted the lead complaint—which has been adopted by every other firm in the litigation—and successfully defended plaintiffs’ allegations against a motion to dismiss.
Hensiek v. Bd. of Directors of CQ Holding Co.
Colleen served as one of the lead plaintiffs’ counsel in this class action challenging the legality of a $170 million sale of a St. Louis Casino to an employee stock ownership plan. The vastly inflated sales price doomed the ESOP to failure, leaving the employees with almost nothing, while the wealthy former owners profited substantially. Colleen defeated seven separate dispositive motions before defendants agreed to settle.
Planned Parenthood Great Northwest v. Labrador
Colleen played a central role in securing a preliminary injunction for several Idaho doctors that enjoined the Attorney General of Idaho from enforcing Idaho’s abortion statute as criminalizing the practice of referring patients for legal, out-of-state abortions. In this case of first impression, the District of Idaho declared such an interpretation of Idaho law likely violates the First Amendment rights of the healthcare providers. Colleen helped successfully defend the preliminary injunction on appeal to the Ninth Circuit.
Whinstone v. Rhodium
Colleen has served a crucial role in securing multiple victories for industrial-scale bitcoin miner Rhodium in this make-or-break dispute with its landlord over the alleged termination of hosting contracts valued in the hundreds of millions that has spanned multiple forums. Colleen drafted nearly every key brief in advance of a successful week-long trial in the Bankruptcy Court for the Southern District of Texas. The Court’s post-trial order adopted significant portions of the summary judgment briefing Colleen carefully crafted on Rhodium’s behalf.
Appellate
Wit v. United Behavioral Health
Colleen’s brief writing helped convince a Ninth Circuit panel to withdraw two successive decisions, grant panel rehearing, and issue a favorable opinion that revived ERISA breach of fiduciary duty claims brought on behalf of 60,000 individuals who were denied mental health and substance abuse benefits covered by Defendant’s health insurance plans.
Cintas v. Hawkins
Colleen played a central role in the certiorari fight in this case, which presented a significant question about the arbitrability of ERISA representative actions. Facing an elite Supreme Court team and despite the predictions of industry watchers, Colleen helped persuaded the Court to deny certiorari.
Novartis Pharms. Corp. v. HEC Pharm. Co.
Colleen Successfully blocked Novartis’s emergency motion to stay and petition for certiorari seeking review of Federal Circuit’s ruling that Novartis’s patent on a multiple sclerosis drug failed the written description requirement.
Coleman v. Brozen
Colleen served as lead drafter in this significant Fifth Circuit appeal presenting consequential questions about the enforceability of individual arbitration agreements in representative actions brought under ERISA. Shortly after oral argument, the case settled.
Publications
A Spoonful of (Added) Sugar Helps the Constitution Go Down, 71 Food & Drug L.J. 442 (2016)
Scouting For Approval: Lessons on Medical Device Regulation in an Era of Crowdfunding from Scanadu’s “Scout,” 70 Food & Drug L.J. 209 (2015)
Associations
American Bar Association – Young Lawyers Division, Labor and Employment Law Division
ACLU of Idaho – Legal Panel member
C-TAG Corporation Board of Directors – Director
Federal Bar Association, Idaho Chapter – Secretary
Idaho State Bar, Litigation Section, Appellate Section – member
William & Mary Law School Association Board of Directors – Director
Awards
Young Lawyer of the Year: Beyond Practice (1 of 7 finalists), The American Lawyer (2023)
Lawyers on the Fast Track (winner), The Recorder (2023)
Top 40 Young Lawyers in America, ABA Young Lawyers Division (2023)
Accomplished Under 40, Idaho Business Review (2023)
Ones to Watch in America, Best Lawyers (2022 – present)
Clerkships
- Hon. Liam O’Grady, U.S. District Court for the Eastern District of Virginia,
- Hon. N. Randy Smith, U.S. Court of Appeals for the Ninth Circuit
- Hon. David Nye, U.S. District Court for the District of Idaho
