Michael B. Smith

Michael is a seasoned trial lawyer and certified mediator with over 20 years’ experience representing clients in a broad array of complex commercial and intellectual property litigation — a practice that is informed by the years he spent as in-house counsel to global entertainment companies.

He practices before the state and federal courts of New York, California, and Massachusetts, as well as private dispute resolution tribunals. He frequently represents clients in international disputes, especially involving Latin America. 

Among the types of cases Michael has litigated are disputes involving copyrights, trademarks, patents, trade secrets, counterfeiting, defamation/anti-SLAPP, fraud, breach of contract, partnership, legal malpractice, civil RICO, FTCA, licensing, unfair business practices, and consumer protection. 

Michael’s practice is diverse.  He has tried or otherwise resolved disputes in scores of industries including digital media, electronic design automation, semiconductors, medical devices, software, music, film and television, mobile data technology, national security, flash memory, finance, hospitality, food and beverage, cryptocurrency, e-commerce, advertising, podcasting, legal services, and textiles. In every case, Michael partners with his client to understand their business dynamics, needs, and challenges to ensure he is aiming for the optimal outcome.  

Michael began his legal career at storied New York litigation boutique, Solomon Zauderer Ellenhorn Frischer & Sharp. When that firm disbanded, he went on to practice at elite global firms Proskauer (in New York) and Gibson Dunn (in Palo Alto).  

After 12 years of private litigation practice, Michael accepted the position of lead attorney for the LATAM business unit at Sony Interactive Entertainment (formerly SCEA), where he managed all litigation matters, developed PlayStation®’s brand protection and anti-piracy program, orchestrated the restructuring of regional licensing and distribution of PlayStation® hardware and software, and facilitated the roll-out of the PlayStation Network® in Latin America. Michael subsequently served as General Counsel to Legendary Digital Networks (formerly Nerdist Industries), the worldwide digital distribution division of Legendary Entertainment.  

In 2015, Michael returned to full-time private litigation practice at Lupkin PLLC, where he and Jonathan Lupkin had a successful and extraordinarily well-regarded trial practice for nine years before joining RFB+Fisher Potter Hodas. 

Michael is an MC3-Certified mediator, a AAA Mediation.org® Affiliate Mediator, and a graduate of the New York City Bar Association’s Advanced Commercial Mediation program. He sits on panels for court-annexed mediation in New York and Massachusetts and coaches mediators-in-training through the auspices of MetroWest Mediation Services. 

Michael serves on the Boards of Directors of MetroWest Mediation Services, a non-profit conflict resolution and training center, and Chop Chop Family, a non-profit publisher whose mission is to inspire and educate families to cook and eat real food together. 

Michael grew up in Panama City, Panama, and is fluent in Spanish. He is an avid cyclist and lives in Sherborn, Massachusetts, with his wife, two children, and their beagle, Harley Quinn.