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James McCall Smith

Of Counsel

Washington +1 202 662 5550

  • About
  • Representative Matters
  • Credentials
  • About

    Jay Smith is of counsel in the Washington office. He joined the firm after several years as a professor of political science and international affairs, during which he specialized in international trade policy and international dispute settlement. His practice in the International and Litigation groups draws on this academic and policy experience.

    He is currently helping clients develop and implement strategies to mitigate supply chain risks arising from U.S. trade actions, such as product exclusions from the restrictions on imported steel and aluminum imposed under Section 232. In addition, Jay regularly represents respondents in U.S. trade remedy proceedings and related litigation, helping to secure a number of negative injury determinations at the ITC in recent years. Jay also advises clients on the negotiation and enforcement of international treaty commitments under the WTO, bilateral and regional trade agreements such as the USMCA, and other international fora—including the ongoing Indo-Pacific Economic Framework negotiations. Much of his policy work is at the intersection of trade and other areas, such as intellectual property, the environment, or labor rights.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represented the Can Manufacturers Institute and its member companies in AD and CVD investigations into tin mill products imported from Canada, China, Germany, and South Korea, obtaining a unanimous negative injury determination at the ITC.
    • Represented Bombardier in antidumping and countervailing proceedings before the ITC and the U.S. Department of Commerce involving C Series aircraft imports into the U.S., obtaining a unanimous favorable decision at the ITC.   
    • Represented Korean manufacturer before the ITC in a safeguard investigation under Section 201 of the Trade Act of 1974 in which the petitioner sought to impose a 50 percent tariff on imported washing machines.
    • Represented Union Pacific Railroad Company in successfully opposing antidumping and countervailing duties on 53-foot intermodal containers from China, and in the petitioner’s appeal of the decision to the Court of International Trade.
    • Represented U.S. sugar producer in an ITC antidumping and countervailing duty investigation, including successful defense of suspension agreements.
    • Represented an Asian paper manufacturer in ITC investigation of Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal, Inv. Nos. 701-TA-528-529 & 731-TA-1264-1268.
    • Advise global companies on strategies to protect intellectual property rights, including by ensuring that countries comply with obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
    • Provide strategic and legal advice to information technology and pharmaceutical clients on complex intellectual property and trade policy issues.
    • Represented the Jordanian government in the ICSID arbitration ATA v. Hashemite Kingdom of Jordan (Case No. ARB/08/02).

    Areas of Expertise

  • Credentials
    Education
    • Georgetown University Law Center, J.D.
        • summa cum laude
        • Dean’s Scholar
        • Georgetown Law Journal, Executive Articles Editor
        • Institute of International Economic Law, Fellow
    • Stanford University, Ph.D./A.M.
        • Political Science
        • Javits Fellow
        • Goldsmith Award for Writing on Dispute Resolution, Law School
    • Wake Forest University, B.A.
        • summa cum laude
        • Carswell Scholar
        • Archie Award
    Bar Admissions
    • District of Columbia
    • Virginia
    Judicial Clerkship
    • Hon. David S. Tatel, U.S. Court of Appeals, District of Columbia Circuit, 2007 - 2008
    Pro Bono
    • Representing a native of Yemen currently detained at Guantanamo Bay, Cuba, in habeas corpus litigation before the United States District Court for the District of Columbia.
    Accolades
    Memberships and Affiliations
    • American Bar Association
    • Council on Foreign Relations, Term Member (1999-2004)
    Previous Experience
    • Graduate Institute of International Studies, Geneva, Switzerland, Visiting Professor (2006)
    • George Washington University, Assistant Professor of Political Science and International Affairs (1998-2005)
    • Hong Kong Transition Project, Hong Kong, Henry Luce Scholar (1996-1997)

    Areas of Expertise

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