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Profile of Todd Smith
 

Todd Smith

 
Attorney - Godfrey & Kahn SC
 
Todd Smith Email :
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Company Name : Godfrey & Kahn SC
 
Company Website : www.gklaw.com
 
Company Address : 780 N Water St.
, Milwaukee, WI,
United States,
 
Todd Smith Profile :
Attorney - Godfrey & Kahn SC
 
Todd Smith Biography :

Todd G. Smith, a cum laude graduate of the University of Wisconsin Law School, joined the firm following a one-year judicial clerkship with the Wisconsin Court of Appeals. Since joining the firm, Todd has helped clients resolve their most difficult commercial disputes, including those involving intellectual property. Todd has represented parties in patent and copyright disputes and is a past president of the Western District of Wisconsin Bar Association, an association of lawyers practicing in the fast-moving federal district court in Madison. In addition, Todd's practice has emphasized representing Wisconsin insurers in litigation, with a focus on complex coverage matters, including claims involving intellectual property, construction defects and environmental contamination. Todd also represents insurance companies in cases alleging bad faith or improper industry - or company-wide claims handling practices. Todd also represents parties in disputes involving benefits provided pursuant to self-funded arrangements, including welfare and retirement benefits plans subject to regulation under the Employee Retirement Income Security Act of 1974 (ERISA). Todd has successfully defended ERISA plans against suits seeking benefits as well as claims alleging breach of fiduciary duties. Todd also represents insurance companies in cases seeking life and health insurance benefits under insurance policies. In addition to his trial court practice, Todd routinely represents clients in state and federal appellate courts. A leader in the Wisconsin appellate bar, Todd was elected to three terms as an officer of the Appellate Practice Section of the State Bar of Wisconsin. Todd has argued cases before the Wisconsin Supreme Court, Wisconsin Court of Appeals and Seventh Circuit Court of Appeals on a wide variety of cases, including insurance claims, ERISA appeals, employment disputes, copyright disputes, civil rights claims, family law disputes and criminal appeals. Todd received his undergraduate degree in Political Science from the University of Wisconsin-Madison and has worked as a legislative aide in the United States Senate and Wisconsin State Senate. He is an active member of the Defense Research Institute as well as the Self-Insurance Institute of America.

Representative Matters

LG Electronics, Inc. v. Quanta Computer, Inc., et al., Western District of Wisconsin Case No. 07-C-361 (J. Crabb) (local counsel in patent infringement suit involving optical storage technology)

Contacts Synchronization Corp. v. Sprint Nextel Corp., et al., Western District of Wisconsin Case No. 07-C-250 (J. Crabb) (local counsel in patent infringement suit involving computer and mobile technology software)

Ricoh, Ltd. v. Asustek Computer, Inc., et al., Western District of Wisconsin Case Co. 06-C-462-C (J. Crabb) (local counsel in patent infringement case involving optical computer disk technology, secured order dismissing certain clients on personal jurisdiction grounds) Cisco Systems, Inc. et al. v. Forgent Networks, Western District of Wisconsin Case Co. 07-C-85-S (J. Shabaz) (local counsel in patent infringement case involving data compilation software)

Computer Docking Station Corp. v. Dell, Inc., et al., Western District of Wisconsin Case No. 06-C-32 (J. Crabb) (local counsel in patent infringement case involving computer hardware technology) Johnson Outdoors v. USF&G et al., Case No. 05-C-264 (E.D. Wis.) (J. Clevert) (successfully resolved bad faith claim against insurance carrier denying coverage for personal injury claim based on lack of notice) Hagemann v. Prudential Financial Ins., Waukesha Co. Case No. 04-CV-2565 (successfully resolved bad faith suit against insurer that negotiated and recovered subrogated claim prior to final resolution of loss) Lampe v. Cudahy School Dist., Milwaukee Co. Case No. 06-CV-5921 (secured summary judgment of no coverage for accident on insured's premises) Olday v. Barneveld School Dist., Dane Co. Case No. 02-CV-2591 (secured summary judgment of no coverage for sexual misconduct claim) Rodriguez v. Wineski, Case No. 05-C-59-S (secured summary judgment for defendants in sexual misconduct claim) Wistrom v. Employers Ins. Co. of Wausau, Marathon Co. Case No. 98-CV-462 (successfully established that bad faith claims against carriers in workers compensation proceedings are barred by exclusive remedy statute) Haupt, et al. v. McFarlane Incentive Savings and Profit Sharing Plan, et al., Western District of Wisconsin Case No. 03-C-100 (J. Shabaz) (successfully defended ERISA plan in benefits and breach of fiduciary duty litigation) Gaiman c. Todd McFarland Productions, Inc., Western District of Wisconsin Case No. 02-C-48 (J. Shabaz) (Copyright and contract litigation involving rights in comic book works)

Summerlin v. Georgia-Pacific Life, Health & Accident Plan, 366 F. Supp. 2d 1203 (M.D. Ga. 2005) (represented both a plan and a TPA in a case establishing that ERISA pre-empted Georgia's anti-subrogation statute) Kontowicz v. American Standard Ins. Co., 2006 WI 90 (interpreting statutes relating to imposition of interest on unpaid insurance claims) (amicus curiae counsel for Wisconsin Insurance Alliance and Civil Trial Counsel of Wisconsin) Westhaven Associates, Ltd. v. C.C. of Madison, Inc., 2002 WI App 230 (establishing standards for liquidated damages clauses in commercial leases) Fernandez v. Strand, 63 F.Supp.2d 949 (E.D. Wis. 1999) (J.Adelman) (establishing principle in federal court that Wisconsin insurers need not provide defense counsel to insured when complaint fails to allege covered conduct)

Publications

"Recent Hurricanes will Spawn Diverse Disputes over Insurance Coverage" October 11, 2005

"The Next Toxic Tort? Claims Based on Arsenic and CCA-Treated Lumber Are Increasing" Summer 2003

"Reigning In Runaway Punitive Damage Awards: The U.S. Supreme Court Limits Size of Permissible Awards"

April 09, 2003



"Wisconsin Recognizes Bad Faith Against HMOs: Second-guessing Treatment Decisions?," International Association of Defense Counsel monthly newsletter, June 1998.

 
Todd Smith Colleagues :
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Jon Anderson

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Michael Apfeld

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William Alverson

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Michael Ash

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Hamilton Arendsen

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