Leslie Smith is a partner with Foley’s Distribution & Franchise Practice and chairs the Litigation Practice in the firm’s Miami office. Ms. Smith litigates a range of commercial matters at both the trial and appellate levels in both federal and state courts. Her franchising and distribution practice provides clients with counseling and litigation services, from initial negotiations through resolution, including mediation, arbitration and trial.
She has represented franchisors and distributors in a variety of commercial disputes involving trademarks, trade secrets, covenants not to compete and vicarious liability claims.
Ms. Smith's notable representations include:
- Obtaining a favorable verdict for a hospitality franchisor client on its counterclaim for breach of a franchise agreement preceded by the entry of summary judgment in favor of the franchisor, its parent company and two former employees on the franchisee's complaint alleging RICO violations. The counterclaim was tried non-jury after the court granted our clients' motion to strike jury demand
- Obtaining a summary judgment on a franchisor's claims for post termination trademark infringement and counterfeiting against its former franchisee
- Obtaining injunctive relief on a distributor’s claims against a former employee for misappropriation of trade secrets and violations of a covenant not to compete
- Successfully defending a franchisor client from a competitor's motion for injunctive relief arising out of claims of false advertising
- Obtaining a summary judgment for a franchisor in a wrongful death action involving Florida's Dram Shop law
- Obtaining a preliminary injunction against a former employee of a logistics client for violation of the employee's covenant not to compete who claimed the covenant to be unenforceable on the grounds of workplace harassment
- Winning preliminary injunctions on behalf of many franchisor clients to prevent former franchisee's unauthorized use of the franchisor's registered trademarks
Ms. Smith has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. Well-known for her in-depth knowledge of the issues, Ms. Smith has been recognized in the trade press, most recently by her peers as one of Franchise Times Legal Eagles 2013, and the 2009 - 2012 editions of The International Who’s Who of Franchise Lawyers. Chambers USA: America’s Leading Lawyers for Business also recognized her as one of the top franchise attorneys nationwide (2010 - 2012) and she was selected by her peers for inclusion in The Best Lawyers in America® (2013). Ms. Smith is also the co-author of Annual Franchise and Distribution Law Developments 2004 published by the American Bar Association.
Ms. Smith earned her J.D., with honors (1988), from the University of Florida, an M.A. (1981) from the London School of Economics, and a B.A., cum laude (1979), from Southern Methodist University.
She is admitted to practice in Florida, the U.S. District Courts for the Southern, Middle and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.
Ms. Smith's memberships include the Forum on Franchising, American Bar Association, past governing committee member; International Franchise Association; Board of Governors Young Lawyers Division Executive Committee, past member; and the Florida State Bar Association. She currently serves as president of the Dade County Bar Association and on the board of directors for the Women Presidents' Organization.