Jeffrey "Jeff" Smith joined Adams and Reese in 2006 and is among the core group of partners who opened the Memphis office. His representative clients include construction, agriculture, heavy and industrial equipment distribution companies, as well as other franchisees and dealerships, primarily for legal counsel on corporate, contractual and employment matters, as well as franchise/dealership issues and disputes. He also represents health care companies, and general contractors and sub-contractors in construction disputes.
Jeff is known for litigating several dealer termination cases in state and federal trial and appellate courts, obtaining injunctive relief preventing manufacturers from terminating dealer agreements with his dealer clients. See, Nacco Materials Handling Group, Inc. v. Toyota Materials Handling USA, Inc., 366 F.Supp.2d 597 (W.D. Tenn. 2004).
In the health care industry, he has served as special outside general counsel for a long-term care company and litigated a number of highly complex, high-dollar cases. In both the health care industry and the equipment distribution industry, he helps his clients on a wide range of employment and contractual issues. In connection with his health care and construction dispute practice, he has appeared regularly before numerous administrative hearing boards and arbitration panels.
Jeff is recognized as a "Power Player" in Employment Law, selected among the "Who's Who" in the world of Memphis business law, by Memphis Business Quarterly.
His significant contributions include:
· Serving as outside general counsel to one of the Southeast's leading forklift distributors. He advises the company and advocates on its behalf on a myriad of corporate, contractual, employment issues and policies and franchise/dealership issues.
· Extensive proactive management and human resources counseling, as well as the drafting of employment, severance and confidentiality and non-compete agreements for employers.
· Defending numerous employers against discrimination claims based on sex, age, race, religion and disability; unfair competition claims, wrongful termination, wage/hour litigation and whistleblower litigation.
· Successfully obtaining judicial enforcement of non-competition agreements for clients, with in-depth experience litigating executive compensation and benefits plans, including those governed by ERISA.
· Several successful health care defense cases, including a billing dispute between a nursing home operator and therapy services provider that involved interpretation/application of Medicare RUGs categories; a civil RICO matter seeking to recover $21 million arising out of the purchase of a durable medical equipment company; and a $500 million case against a nursing home client, the State of Tennessee and various other defendants. The last two cases were dismissed at the pre-trial phase.
Jeff admires his grandfather, a Navy veteran and farmer, and keeps his grandfather's hat in his office to remind him of where he came from, the dignity of hard work and the value of family.
Professional Memberships / Affiliations
American Bar Association - Forum Committee on Franchising; Appellate Practice Committee; Commercial and Business Litigation Committee; Health Law Litigation
American Health Lawyers Association Committee
Leadership Memphis Executive Program, Class of 2011-20
Other Distinctions
Power Players 2010, 2011, 2012 - Employment Law - Memphis Business Quarterly Magazine
Articles / Publications
"Answering The Call" - Published in The Tennessee Volunteer Attorney, 8/1/2011
Health Care Law: Cost Savings Arrangements: The Latest Guidance, The Memphis Medical Society Quarterly, 4/2/2008
Health Care Law: Tennessee Supreme Court Rules Parent Corporation Liable for Intefering with Affiliate's Subsidiary Hospitals' Contracts by Jeffrey C. Smith and Lisa A. Moore, The Memphis Medical Society Quarterly, 4/2/2007