Smith

James A. Smith

Of Counsel
Boston

I help public pension funds and other institutional clients manage complex business transactions including global investments in forestry, agriculture and other tangible assets.

During his more than 40 years at Foley Hoag, Jim has advised private and public companies, public institutional investors, and private equity fund managers in debt and equity transactions, mergers and acquisitions, fund formation, joint ventures and other complex transactions, with an emphasis on global tangible asset transactions.  He also advises clients on strategic business initiatives and on corporate, limited partnership and limited liability company governance matters. Jim serves as the Chair of the Firm's Legal Opinions Committee and is the current Chair of the Legal Opinions Committee of the Business Law Section of the ABA.  He is a member of the Board and Operating Committee of the Working Group on Legal Opinions and a member of TriBar.

Jim's extensive experience in forestry and agriculture includes advising fund managers and institutional investors in tangible asset funds and separate accounts, particularly in the areas of plantation forestry and agriculture. He has advised managers and investors on well over 50 acquisition and disposition transactions in over a dozen countries in North and South America and Australasia in transactions ranging from $25 million to $1 billion.

Jim also advises institutional investors in connection with private equity fund investments focused on tangible assets. In many of these transactions, his clients are the lead investor and involved extensively in the structuring of the private fund documents.

Jim has been heavily involved with national bar groups on legal opinion issues for over 30 years and has recently been named a co-author for the Fifth Edition of "Legal Opinions in Business Transactions," joining original authors Arthur Norman Field and Jeffrey E. Smith.

Education

  • Harvard Law School, J.D., cum laude, 1981
  • Drake University, M.P.A., 1978
  • Drake University, B.A. in Chemistry, summa cum laude, 1977

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts

Honors & Involvement

HONORS
  • IFLR1000, Notable Practitioner (2019)
INVOLVEMENT
  • American Bar Association Legal Opinions Committee  - Task Force Co-Chair
  • Working Group on Legal Opinions -  Director and Member of Operations Committee
  • TriBar Legal Opinions Committee
  • Boston Bar Association Legal Opinion Committee (Former Chair) 
  • Multiple Governance Committees of, Town of Concord, Massachusetts (1985 -– 1991present), including Planning Board, Finance Committee, Public Works Commission and Zoning Board of Appeals
  • Treasurer and Board Member - Unitarian Universalist Service Committee (2022-present)

Speaking Engagements

  • "Enforceability Opinion Task Force of the Legal Opinions Committee," ABA Business Law Fall Meeting (September 2023)
  • Regularly lectures on topics concerning legal opinions practice