Smith

Jack C. Smith

Associate
Boston

I help clients resolve complex challenges arising from business disputes, regulator activity, and government enforcement actions.

Jack Smith advises clients in both bringing and defending against a broad range of disputes, with particular experience in government-facing actions. He litigates complex commercial and regulatory disputes and conducts internal investigations relating to government enforcement inquiries. In his complex litigation practice, Jack has successfully briefed and opposed dispositive motions and appeals, and he has substantial experience managing all aspects of discovery and trial preparation. Jack’s white-collar work ranges from defense of individuals to a cross-border investigation of a multi-national conglomerate. Jack also advises healthcare, life sciences, and education clients on regulatory compliance and government-engagement strategies. 

Jack joined Foley Hoag after practicing in the white-collar group of a global law firm in Washington, D.C. From 2021-22, Jack clerked for the Honorable William J. Kayatta on the U.S. Court of Appeals for the First Circuit. 

During law school, Jack interned with the criminal Fraud Section of the U.S. Department of Justice and the Orange County (North Carolina) District Attorney’s Office, where he tried six cases to verdict in bench trials, and argued a variety of suppression and evidentiary motions. He also led an investigations team for the Duke Law Innocence Project and served as a teaching assistant for three courses. 

Before law school, Jack worked as a paralegal with the Health Care Fraud Unit of the U.S. Attorney’s Office for the District of Massachusetts, where he supported grand jury investigations and trial teams in prosecuting violations of the Food, Drug, and Cosmetic Act, RICO, and the Anti-Kickback Statute, often in matters implicating parallel False Claims Act civil litigation.

Education

  • Duke University School of Law, J.D., magna cum laude, Order of the Coif, 2020
  • Harvard University, B.A., 2015

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • District of Columbia
COURT ADMISSIONS
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit 

Experience

Complex Litigation
  • Represent historic preservation group in constitutional and statutory challenge to White House ballroom project. Prevailed in obtaining preliminary injunction in the District of D.C. on ultra vires and APA claims; defending injunction on appeal before the D.C. Circuit. 
  • Represent prediction markets platform in litigation against Massachusetts Attorney General’s Office asserting federal Commodity Exchange Act preemption of state regulation of futures and swaps trading. 
  • Represent federal award grantee in litigation against EPA regarding agency’s unilateral termination of grant program. Prevailed in obtaining preliminary injunction in the District of D.C. on APA, statutory, and constitutional claims; defending injunction on appeal before the D.C. Circuit.
  • Successfully represented French technology company in securing dismissal of challenge to foreign arbitral award.
  • Represented public e-commerce platform in dispute with suppliers in Massachusetts Business Litigation Session alleging breach of contract, fraud, and unfair business practices; successfully obtained seven-figure summary judgment in favor of plaintiff. 
  • Represent asset manager in class-action litigation regarding securities transactions against a broker-dealer in the Southern District of New York.
  • Represent former official of Kingdom of Saudi Arabia in multijurisdictional proceedings against sovereign-affiliated parties, including client’s action in D.D.C for violation of Torture Victim Protection Act. 
  • Successfully represented university in class action lawsuit in the Massachusetts Business Litigation Session brought by former students seeking refund of tuition and fees for Spring 2020 semester, resulting in complete dismissal of all claims after briefing on class certification.
White Collar / Government Investigations
  • Represent multinational professional services firms in connection with separate federal grand jury investigations and SEC investigations.
  • Represent individual victims and witnesses in connection with federal prosecutions, including cases alleging wire fraud, money laundering, and FCPA violations.
  • Represented two foreign nationals in connection with DOJ public corruption prosecution.
  • Represented global manufacturing entity in connection with cross-border DOJ fraud investigation.*
  • In prior work for the government, supported grand jury investigations and trial teams in cases involving financial and healthcare frauds, including violations of the False Claims Act, Anti-Kickback Statute, Food, Drug, and Cosmetic Act, Controlled Substances Act, mail and wire fraud, and RICO.* 
Healthcare Litigation and Advising
  • Drafted amicus briefs on behalf of public health organizations and scholars before the United States Supreme Court and Ninth Circuit, arguing EMTALA preempted restrictive state abortion law.
  • Member of team that secured civil rights settlement on behalf of a class of Medicaid beneficiaries in Massachusetts nursing facilities for asserted violations of the Americans with Disabilities Act in the Commonwealth’s Medicaid programs, resulting in extensively negotiated MassHealth policy changes.
  • Represent pharmaceutical company in engagements with HHS Office of General Counsel regarding IRA Drug Price Negotiation Program and 340B drug pricing program.
  • Advised life sciences companies in connection with pre-litigation CMS reimbursement challenges.
  • Advised DME suppliers’ association in connection with challenge to Medicare Advantage plan coverage denials.
Miscellaneous
  • Under third-year practice rule, negotiated pleas and tried six misdemeanor cases to verdict in bench trials on behalf of the Orange County (North Carolina) District Attorney.*
*Experience obtained prior to joining Foley Hoag.

PROFESSIONAL EXPERIENCE
  • Judicial law clerk to the Honorable William J. Kayatta, U.S. Court of Appeals for the First Circuit
  • Worked as a contractor paralegal in the Health Care Fraud Unit of the U.S. Attorney’s Office for the District of Massachusetts before law school

Other Publications

  • Contributor, Chapter 9: Obligations of Insurer and Policyholder, MASSACHUSETTS LIABILITY INSURANCE MANUAL (4th ed. forthcoming) (published by the Massachusetts Continuing Legal Education, Inc.)
  • Contributing author, 1 Litigating Securities Class Actions, Ch. 13 “E-Discovery” (2022)

Honors & Involvement

HONORS
  • Autumn 2025 Mondaq Thought Leadership Award, in Environmental Law and Energy & Natural Resources
  • Member of team recognized as "Legal Lions of the Week" by Law360, for securing en banc review of panel decision in Climate United Fund et al. v. Citibank NA et al., Case No. 25-5122 (D.C. Cir.)
  • Best Lawyers: Ones to Watch - Commercial Litigation (2026-2027) and Criminal Defense: White-Collar (2026-2027)
  • Massachusetts Supreme Judicial Court 2023 Pro Bono Honor Roll - High Honors
  • Massachusetts Supreme Judicial Court 2022 Pro Bono Honor Roll - Honors
  • Duke Law Dean’s Cup, Best Oralist
  • Duke Law Journal, Notes Editor

Speaking Engagements