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Devin M. Smith

Devon Devon SmithDevin

Devin Smith defends employers in discrimination, wrongful termination, hostile work environment, trade secret, and noncompete/nonsolicit matters. His litigation experience includes handling investigations and discovery, motion practice, alternative dispute resolution, and trial work. He is a skilled writer and has assisted state and federal court judges with legal research and opinion drafting.

Along with his litigation work, Devin counsels employers on personnel policies, reviews and drafts handbooks, and conducts workplace investigations into allegations of hostile work environment and discrimination. Before his legal career, Devin was a reporter at the New York Post and the Pentagon correspondent for an international newswire.

Representative Experience

Noncompete/nonsolicit & trade secret litigation for national security firm

Currently defending allegations of trade secret misappropriation, unjust enrichment, and violation of noncompete/nonsolicit agreement in King County Superior Court. (Ongoing)

Davis, et al. v. Cox, et al.

Defended Olympia Food Cooperative’s current and former board members against claims that they unlawfully enacted a boycott of Israeli products. The trial court granted the defendants’ motion to strike under Washington’s anti-SLAPP statute, and awarded them their attorneys’ fees and $10,000 each in statutory damages. The Court of Appeals affirmed, rejecting the plaintiffs’ arguments that the anti-SLAPP law is unconstitutional. Davis v. Cox, --- Wn. App. --- (Apr. 7, 2014)

Successful pre-litigation settlement for international security contractor

Favorably resolved threat of multimillion-dollar lawsuit brought by 30 former security guards alleging various claims of wage and hour violations, retaliation, and discrimination based on race, religion, national origin, and sex. (2012)

Russell Childs v. Microsoft

Won motion for summary judgment on all claims in wrongful termination case involving foreign-national plaintiff seeking monetary damages and injunctive relief related to residency in the U.S. and Canada. Our team secured a number of early case victories for Microsoft including 12(c) dismissal of three claims, blocking the deposition of a Microsoft executive and winning several discovery motions. The nine remaining claims for wrongful withholding of wages, race and national origin disparate treatment, disparate impact, wrongful termination in violation of public policy, misrepresentation, and four different federal immigration statute violations were dismissed on summary judgment. (W. D. Wash. 2011)

Additional Qualifications

  • Law Clerk, Justice Richard B. Sanders, Washington State Supreme Court, Olympia, Wash., 2009-2010
  • Summer Associate, Davis Wright Tremaine, Seattle, 2008
  • Rule 9 Intern, University of Washington Student Legal Services, Seattle, 2008-2009
  • Extern, Hon. John C. Coughenour, U.S. District Court, Western District of Washington, Seattle, 2007
  • Reporter, New York Post, New York, N.Y., 2003-2006
  • Pentagon Correspondent, Saudi Press Agency, Washington, D.C., 2001-2002