Keith E. Smith

• Lead MDL Counsel for National Foam, Inc., a manufacturer of aqueous film forming foam (AFFF), in the largest PFAS multidistrict litigation in the world. Representation includes more than 4,500 cases consisting of more than 15,000 plaintiffs defending class actions, municipal and individual personal injury and property damage cases filed across the United States alleging PFOS/PFOA contamination by the U.S. Military and others using AFFF. In Re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873.
• Lead class action counsel for a personal care products company against claims that its mouthwash product contains PFAS and alleging mislabeling, fraud, misrepresentation and violation of various state consumer protection statutes.
• Lead counsel for haircare company in multi-district litigation raising putative nationwide classes for mislabeling and false advertising claims alleging that client's products caused hair loss and or scalp damage and follow-on mass tort claims. The class action cases were settled and received final approval in January 2022.
• Class action counsel for personal care product distributors alleging that some lots of Right Guard antiperspirant contained benzene, based upon a suspect citizens petition from the discredited Valisure lab. Reached a di minimis settlement of class action claims.
• Lead class action counsel for a sunscreen manufacturer against claims alleging a nationwide class action for mislabeling, false advertising, breach of warranty and violation of consumer protection laws claiming that consumers are deceived by the labeling and advertising of a sunscreen as containing “transparent zinc oxide” and being “mineral-based” because some of the sunscreens contain both mineral and chemical active ingredients.
• Lead class action counsel for haircare product distributor in mislabeling and false advertising claims alleging a nationwide class action that ingredients in client's hair gel caused flakes despite a label that includes a claim of no flakes. All but New York state law claims dismissed on the pleadings rendering a limited single-state putative class currently being defended.
• Class action counsel for leading provider of residential water heater supply lines raising putative class claims that the EPDM rubber liner of braided stainless-steel water heater connectors deteriorate causing clogged devices and black flakes to appear in water.
• Defending a medical device manufacturer of IVC filters following transfer of coordinated proceedings from MDL against claims for negligence and strict liability failure to warn, design defect, and manufacturing defect, breach of warranty, and misrepresentation in individual lawsuits pending in Pennsylvania.
• Class action counsel for a manufacturer of professional hair care products, in defense of putative nationwide class action claims brought under state consumer protection laws challenging the labeling of the company’s sulfate-free products.
• Class action trial counsel for insurance company in defending litigation alleging, on behalf of a class of medical providers, a failure to pay millions of dollars in interest on hundreds of thousands of bills submitted under state statutes and not paid within 30 days of submission. Obtained dismissal on the merits of common law claims for conversion, unjust enrichment, and accounting. The class was decertified at the conclusion of trial.°
• Class action trial counsel for the U.S. subsidiary of an international automobile manufacturer against allegations of breach of express warranties, implied warranties and violations of the Magnuson Moss Warranty Act in which the defense verdict returned as to the implied warranty of merchantability claim and remaining verdict returned represented a small fraction of the amount claimed on behalf of the class and in line with the terms of previously agreed upon multi-state and national settlements reached after the start of trial.°
• Class action counsel for a plumbing supply line manufacturer in defense of putative nationwide class actions alleging warranty, tort, and consumer protection claims involving certain braided stainless steel water heater supply lines. Secured a negotiated settlement that was largely funded by insurance.
• Class action counsel for an energy provider in defense of putative class actions filed in Federal courts in New York, Connecticut and Pennsylvania alleging contract and consumer protection claims arising from variable rate residential electricity supply contracts. Obtained a dismissal of Pennsylvania Action, which was affirmed by the Third Circuit. The New York case saw the dismissal of plaintiffs from half of the states; before the company reached a multi-state settlement of the Connecticut action.
• Class action counsel for electricity suppliers in defense of TCPA litigation surrounding marketing.°
• Class action counsel for a multi-family residential property management company in defense of class action claims for violations of the New Jersey Security Deposit Act. Secured the dismissal of all claims.°
• Part of a team representing a rental car company in defense of putative nationwide class action challenging the company’s handling of damage claims to rental vehicles when the customer declines LDW coverage, including a claim under the FDCPA. The Eastern District of Pennsylvania Court denied class certification.°
• Representing international bank in wage and hour overtime pay class actions under state minimum wage laws and collective action under Federal Fair Labor Standards Act alleging that certain salaried employees have been misclassified as exempt and therefore not entitled to overtime pay.°
• Representing regional multi-state supermarket chain in wage and hour class action litigation under the Pennsylvania Minimum Wage Act and New Jersey Wage and Hour Law and collective action under Federal Fair Labor Standards Act claims alleging that supermarket chain is a “joint employer” under such state and federal overtime statutes with contracted vendor of cleaning services.°
• Class action counsel representing an international snack food manufacturer and distributor against claims that independent delivery operators working under a Distributor Agreement are in fact franchisees entitled to various protections and prohibitions on termination found in state franchise practices acts.°
• Class action counsel for distributor of musical instruments, in numerous class actions and multi- district litigation pending in the Southern District of California alleging antitrust violations and price manipulation in a hub and spoke conspiracy through the use of suggested minimum advertised pricing policies. Twice obtained the dismissal of the Federal antitrust claims. In August 2015, the Ninth Circuit affirmed the dismissal of the Federal claims. In re Musical Instruments & Equip. Antitrust Litig., 798 F.3d 1186 (9th 2015).°
• Represented as national counsel an international manufacturer of water heaters in successfully defeating numerous national and state class actions (seeking damages in excess of $1 billion) in which class certification was overturned by the Texas Court of Appeals.°
• Represented Japanese automobile manufacturer in nationwide class action alleging property damage resulting from vehicle accidents allegedly connected to recall of vehicle, in which the nationwide settlement of class action was negotiated prior to class certification hearing.°
• Defended a putative national class action against an American subsidiary of a foreign manufacturer of microwave ovens on behalf of a class of over two million purchasers alleging a defective part created an increased risk of fire, in which the case was dismissed with prejudice prior to class certification.°

• Representation of the air operations division of a prominent university in aircraft and airport issues, FAA regulatory matters, tax and aircraft purchases.
• Lead trial counsel to one of the world’s quality-leading manufacturers of small household appliances in a fire property damage case alleging defects in a toaster and damages in excess of $500,000 in a fast-tracked case that was tried within ten months of filing the complaint, obtained a defense verdict of no defect.°
• Trial counsel for apparel manufacturers and the leading national manufacturer of tuxedos for the rental market against a German component supplier in cases arising from claims of defective fusible interlining leading to delamination and buckling of coat fronts in which he obtained successful settlements for several clients and a seven-figure verdict in New York County Supreme Court after a six-week jury trial.°
• Trial counsel for a Taiwanese biotech company in breach of contract cases surrounding clinical trials of its HIV biologic.°
• Representation of a German automobile and motorcycle manufacturer in personal injury and property damage product liability cases, including crashworthiness and idle fire cases.
• Successfully represented plaintiff in a sexual abuse case against a prestigious private boarding school in Princeton, New Jersey resulting in the New Jersey Supreme Court overturning over 40 years of charitable immunity law. Hardwicke v. The American Boychoir School, 188 N.J. 69 (2006).°
• Represented financial services company and related individuals in various litigation matters arising out of premium finance transactions.°
• Representing a group of investors in securities litigation arising out of misrepresentations made to investors and conversion of investors’ funds in violation of investor agreements.
• Representing developers, general contractors and subcontractors in breach of contract disputes arising from completed and suspended construction projects.°
• Represented numerous automotive component part manufacturers in product liability litigation including manufacturers of commercial brake systems, airbags, seat belts and semiconductors used in the automotive industry.
• Represented individual investor in claims alleging violations of RICO, fraud and civil conspiracy.°
• National representation of a supplier of alloy and carbon pipe fittings to the energy industry as plaintiff and defendant in cases alleging specification deficiencies involving inadequate heat treatment, product deformity, improper composite material and other alleged metallurgical deficiencies.°
• Represented a food product distributor against claims of breach of warranty and fraud alleging that one of its products was infested with beetles when delivered to its customer.°
• Represented a cigarette manufacturer in trademark and brand integrity litigation involving the sale of counterfeit cigarettes and obtained numerous temporary restraining orders, ex parte seizure orders and dozens of permanent injunctions against infringers for trademark violations.°
• Represented a successful candidate’s campaign for the United States Congress in areas of federal regulations in advertising, challenging false advertising, ballot challenges and overseeing vote canvas and certification.°
• Represented an international automobile component part manufacturer in “flex-fan” cases across Mid-Atlantic and Northeast region.°

°The above representations were handled by Mr. Smith prior to his joining Greenberg Traurig, LLP.

• Team Member, a Law360 “Environmental Practice Group of the Year,” 2022
• Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021
• Listed, The Legal 500 United States
  • Dispute Resolution - Product Liability, Mass Tort and Class Action- Defense- Toxic Tort, 2022-2023
  • Dispute Resolution - Product Liability, Mass Tort and Class Actions - Consumer Products (Including Tobacco) - Defense, 2019
  • Dispute Resolution - Product Liability, Mass Tort and Class Actions - Pharmaceuticals and Medical Devices - Defense, 2019
• Team Member, The American Lawyer’s “Regional Litigation Department of the Year - Pennsylvania,” Finalist, 2018

A description of the selection methodology for the above awards can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

• Member, Philadelphia Bar Association
• Member, Pennsylvania Bar Association
• Member, New York Bar Association
• Member, American Bar Association
• Member, Federal Bar Association
• Defense Research Institute
  • Class Action Specialized Litigation Group (Past Membership Chair)
  • Member, Editorial Board
• Past President, Villanova University Charles Widger School of Law, Board of Advisors, 2016-2017