Nathan M. Smith

PARTNER

Repeatedly Honored as a Texas Rising Star by Thomson Reuters Super Lawyers

Education

  • University of Chicago Law School
    • J.D., with Honors, 2004
    • Robert S. Fiffer Scholar; Hinton Cup Winner (First Place, moot court competition), 2002-2003; Co-Chair, Moot Court Board, 2003-2004
  • Brigham Young University
    • B.A., German, summa cum laude, 2001
    • University Honors; Trustees Scholar; Karl G. Maeser and Edwin S. Hinckley Scholar; Humanities Convocation Speaker; Phi Kappa Phi

Judicial Clerkships

  • Law Clerk, The Hon. Jennifer Walker Elrod, U.S. Court of Appeals for the Fifth Circuit
  • Law Clerk, The Hon. David C. Godbey, U.S. District Court for the Northern District of Texas

Honors & Awards

  • Texas Rising Star, Thomson Reuters Super Lawyers, 2012-2017

Professional & Community Involvement

  • Texas Bar Foundation: Sustaining Life Fellow
  • Houston Bar Association, including Litigation and Appellate Sections
  • Interfaith Ministries for Greater Houston, Afghan Refugee Assistance Volunteer
  • Houston Independent School District, Dads on Duty volunteer and high school Shared Decision Making Committee Member
  • National Eagle Scout Association, Life Member
  • Church of Jesus Christ of Latter-day Saints, Richmond TX Stake and associated congregations in West Houston: various service and leadership positions (2008-present)
  • J. Reuben Clark Law Society, Houston Chapter: Chapter Vice Chair, Chair, and Immediate Past Chair (2015-21)
  • Sam Houston Area Council Boy Scout Troop 47: Troop Committee Member (2014-19) and Chair (2018-19)
  • Greater Houston Partnership: Education Advisory Committee Member (2015-19)

Presentations & Publications

  • “Privilege and Confidentiality Principles for Lawyers in the Ward Council,” J. Reuben Clark Law Society Annual Conference, Phoenix, AZ 2020
  • “Privilege and Confidentiality Principles for Lawyers in the Ward Council,” J. Reuben Clark Law Society Houston Chapter Meeting, Houston, TX 2015
  • “A Young Lawyer’s Perspective on Legal Ethics,” Texas Center for Legal Ethics Justice James A. Baker Guide to the Basics of Law Practice Course, Houston, TX 2009

Languages

  • German (fluent, non-native)
  • Spanish (basic skills)

Previous Affiliations

  • Baker Botts LLP

Biography

Nathan Smith translates his clients’ stories into effective arguments for why the law entitles them to prevail. His strategic thinking and powerful written and oral advocacy have allowed him to build an impressive record of resolving disputes efficiently and to his clients’ advantage, often before trial.

Nathan’s experience and skill set are broad. He has represented plaintiffs and defendants in federal, state, and arbitration proceedings, with clients from diverse fields such as energy, healthcare, and private equity. He has devoted much of his career to sophisticated contract, fiduciary duty, and fraudulent transfer cases involving billion- or multi-hundred million dollar claims. Other cases have involved stakes that were smaller in dollar amounts, but which nonetheless were pivotal to the financial future of an individual or an emerging company.

Nathan’s cases frequently have required him to analyze and interpret crucial contracts, including merger and acquisition instruments, long-term indemnity agreements, intellectual property licenses, and contracts concerning oil and gas exploration, production, gathering, processing, transportation, and storage. He achieves results for clients by focusing not just on particular provisions that are in dispute, but also on what the entire contract indicates about the intent of the parties.

Nathan is committed to community involvement and leadership. His pro bono practice in recent years has focused on criminal justice issues, including prison condition litigation as well as work on initiatives to help Houston-area residents take advantage of Texas statutory reforms related to sealing and expunging criminal records. He is an Eagle Scout, and as an adult leader in the Boy Scouts of America he has served as a troop committee chair, a summer camp leader, and a counselor for the Citizenship in the Community, Nation, and World merit badges. He volunteers with Interfaith Ministries for Greater Houston’s Afghan refugee assistance program and with the Dads on Duty program at HISD West Briar Middle School, and he serves on the Shared Decision Making Committee for HISD Westside High School. In addition, he serves as a lay leader for his church in West Houston, where his responsibilities have included coordinating and equipping volunteer teams in response to natural disasters in Texas and Louisiana, implementing classes on financial literacy and educational and career opportunities, and delivering public remarks in English and Spanish.

As a young adult, Nathan lived in Germany for two years. As a lawyer, he has leveraged his German language skills to represent German clients and handle cases that involved German witnesses and German-language documents.

Nathan served as a law clerk for Judge David C. Godbey of the United States District Court for the Northern District of Texas and for Judge Jennifer Walker Elrod of the United States Fifth Circuit Court of Appeals. He is proud of the American justice system and committed to its continued improvement, and he considers it an honor to advise and advocate for his clients.

Representative Matters

Major Refining Company

With partner Chris Reynolds, appeared two months before a scheduled final arbitration hearing, to take over representation of a refining company bringing claims against a construction company. Negotiated a new schedule that delayed the hearing, with provision for client to make expert designations and for opposing party to file a summary judgement motion. Subsequently served expert report on merits and damages, defeated the summary judgment motion, and obtained a favorable settlement for client prior to the new hearing date.

Magellan Crude Oil Pipeline Company

Along with partner Chris Reynolds, represented Magellan in defending a state court breach of contract action, with multi-million dollar value, related to termination provisions in a crude oil storage and dock usage agreement. Filed counterclaim and motion for partial summary judgment along with the answer in the case. Ultimately defeated plaintiff’s claim on summary judgment, prior to any discovery. With only issues related to Magellan’s counterclaim and request for attorney’s fees remaining before the Court, the case reached a confidential settlement. (Castleton Commodities Merchant Trading L.P. v. Magellan Crude Oil Pipeline Company, L.P., 295th Judicial District Court of Harris County, Texas)

DCP Midstream

Along with partner Mike Oldham, represented DCP Midstream against breach of contract and accounting claims asserted by Plaintiff Approach Resources in state district court in Fort Worth, Texas. The plaintiff sought past damages in excess of $12 million and declaratory judgment governing future payments. Obtained partial summary judgment for defendant and denial of plaintiff’s motion for partial summary judgment, and then helped in negotiation of favorable confidential settlement to resolve the dispute shortly before trial of remaining claims.  (Approach Resources I, LP and Approach Oil & Gas Inc. v. DCP Midstream, LP, 141st Judicial District Court of Tarrant County, Texas)

Wallace Pack Unit Prison Litigation

Served on a pro bono basis as local counsel and advisor in trial and appellate strategy for a successful, widely followed prisoner lawsuit that challenged the conditions of confinement in the Wallace Pack Unit, a Texas geriatric prison.  The lawsuit resulted in a court-approved settlement with the State of Texas in 2018, after plaintiffs secured class-action status and preliminary injunctive relief, and the State’s initial appellate challenges to such rulings did not succeed.  (Cole v. Livingston, et al., United States District Court for the Southern District of Texas and United States Court of Appeals for the Fifth Circuit).

Petrohawk Energy Corp.

Appeared with the firm as new counsel several months before scheduled trial in Texas state court.  Successfully obtained an appellate stay of trial, pending consideration of appeal on a motion to compel arbitration.  Shortly thereafter, the case settled favorably to the client as the defendant.  (Overwatch Enterprises, LLC v. Petrohawk Energy Corporation; 36th Judicial District Court of McMullen County, Texas and Texas Fourth Court of Appeals).

DCP Midstream

Conducted large-scale legal and historical research on key questions with limited direct authority, to advise the client, as plaintiff, on negotiation and critical motion strategy for Colorado state court litigation over multi-billion dollar long-term natural gas contracts affected by corporate mergers and acquisitions.  The case settled favorably for the client prior to trial. (DCP Midstream v. Anadarko Petroleum Co., et al., District Court of Weld County, Colorado).

Lone Star Funds/Hudson Advisors & Related Individual Fiduciaries

Coordinated discovery and prepared critical motions for defense against asserted multi-hundred million dollar fraudulent transfer, fiduciary duty, and preference claims in Texas federal court, arising from the bankruptcy of Bruno’s Supermarkets, LLC. Argued summary judgment motion targeting fiduciary duty claims, with case settling favorably for the client soon after summary judgment hearing. (William S. Kaye, Liquidating Trustee of BFW Liquidations, LLC f/k/a Bruno’s Supermarkets, LLC v. Lone Star Fund V, et al., United States District Court for the Northern District of Texas).

Seashore Investments Management Trust

Prepared pre- and post-hearing briefing, and served as part of the final hearing team for multi-week AAA arbitration of contract, fraud, fiduciary duty and related claims, resulting in complete defense victory for the client, and $20+ million award for the client on counterclaims, including punitive damages. The award was confirmed and later made subject to a confidential settlement. (PBF Investments, Ltd. v. Toby Shor and Seashore Investments Management Trust v. Paul Black, et al., American Arbitration Association).

ASARCO LLC (at prior firm)

Conducted and supervised legal research, crafted legal theories, and drafted critical trial briefing on fiduciary duty and damages issues, in groundbreaking fiduciary duty and fraudulent transfer litigation resulting in $5 billion+ judgment for client Asarco LLC against Americas Mining Corporation in Texas federal court, contributing to remarkably favorable resolution of Asarco LLC bankruptcy proceedings.  (Asarco LLC v. Americas Mining Corporation, United States District Court for the Southern District of Texas).