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Derek Smith

Principal

 

Biographical Info

For more than thirty years, I have dedicated my legal career to fighting for victims of sexual harassment and discrimination. I founded the Derek Smith Law Group in 1995. Today, with offices in New York, Los Angeles, San Francisco, New Jersey, Philadelphia, Miami, and Washington, D.C., we are not just another firm. We are a beacon of hope for people who have faced injustice in the workplace.

My passion for this work comes from understanding the profound impact sexual harassment and discrimination have on a person’s life. It is more than an inconvenience. It can shatter confidence, damage careers and poison a workplace.

That is why I take a personal approach to every case. You are not just a case file. You are a person who deserves to be heard and treated with respect. We have the honor of representing people from every walk of life, from blue-collar workers to world-famous celebrities.

Why I Take It Personally

Many years ago, another lawyer told me not to get so emotionally involved in my cases. I believe the complete opposite is true.

It makes me furious when I hear how an employer discriminated against or sexually harassed one of my clients. If an employer treats you differently because of your race, religion, age, gender or disability, I say, “How dare they?” If your boss sexually harasses you or pressures you into a sexual relationship of any kind, I am outraged.

I stand with my clients completely. I represent them, and they represent me. We are a team. That is my philosophy, and when injustice is done to my clients, I take it personally.

So to that lawyer, I say: you were very, very wrong. That emotional commitment is exactly what drives me to prepare harder, fight longer and get my clients the most I can on their case. It is how I have won many multi-million dollar jury verdicts and secured many multi-million dollar settlements.

My Journey: From Witness to Advocate

My legal journey began with witnessing firsthand the devastation caused by workplace harassment. It gave me a sense of responsibility: to give a voice to those who are silenced, and to hold wrongdoers accountable.

Over the years, countless people have come through my doors, each with a unique story. Some arrive shaken and unsure, others filled with righteous anger. What unites them all is the desire for justice, for closure and for a workplace free from harassment and discrimination.

A Record of Success, a Passion for Justice

Since 1995, I have had the privilege of helping countless people secure the compensation they deserve, and of helping create safer, more respectful workplaces for many others. The fight is not just about settlements, though recovering over $500 million for my clients shows the power of holding companies accountable.

I hold the record for the largest emotional distress jury verdict ever upheld on appeal in an employment discrimination case in the United States. I won a $4,000,000 jury verdict for a nurse against one of the largest hospitals in the country. Employers know this track record, and it gives my clients real leverage at the negotiating table.

Prior results do not guarantee a similar outcome.

It is about empowering people to reclaim their lives, rebuild their confidence and move forward with a sense of justice achieved.

A Trial Lawyer in Your Corner

I did not go to law school to push papers and make phone calls. I am a trial lawyer, and when a case warrants it, I am not afraid to take it all the way to a jury. Defendants know that, which is why our trial record so often leads them to settle before a lawsuit is ever filed.

No Fee Unless We Recover

When you lose your job, the last thing you should have to worry about is how to pay a lawyer. That is why, since founding the firm, I have handled employment discrimination and sexual harassment cases on a contingency fee and helped pioneer that fee structure in employment law.

A contingency fee aligns our interests. There is no incentive to bill hours. We want you to win, and we want you to get the most money possible as quickly as possible, just like you do.

Your Case, Your Choices

  • Private resolution: most cases settle privately and confidentially, often before a lawsuit is ever filed. If you never want to file a lawsuit, we will make every effort to resolve your case without one.
  • Anonymity: if we do go to court in a sexual harassment case, we can ask the court to let you proceed as “Jane Doe” or “John Doe.”
  • Your decision: if your case cannot settle before a lawsuit, you can choose not to go forward.
  • Guidance throughout: I will advise you at every step and be with you until the end.

My Approach: Personalized Advocacy with Unshakeable Resolve

At the Derek Smith Law Group, you can expect:

  • Free and confidential consultations: sharing your story can be difficult. We offer a safe space to discuss your experience without pressure.
  • In-depth case evaluation: we analyze your situation to find the strongest legal strategy.
  • Compassionate and aggressive representation: I combine empathy with a tenacious fight for your rights.
  • Clear communication: you are kept informed every step of the way, with your questions answered promptly.
  • Relentless pursuit of justice: I will not back down until you receive the compensation and accountability you deserve.

My Experience: Your Advantage

Over the years, I have handled a wide range of cases, including:

  • Quid pro quo harassment
  • Hostile work environment
  • Employment discrimination
  • Sexual assault and civil rape
  • Retaliation for reporting harassment
  • Gender, race, age and disability discrimination
  • Wage and hour
  • Whistleblower

This experience lets me anticipate roadblocks and build a strategy tailored to your situation.

More Than Just Legal Expertise

Legal skill is only half the battle. I understand the emotional toll that harassment and discrimination take, so I offer support that goes beyond the courtroom. If you wish, we can connect you with a network of therapists and counselors to help you through the healing process.

Taking Back Control: Your Next Step

If you have been sexually harassed, discriminated against, or retaliated against for complaining, you are not alone. You have rights, and you deserve to be heard.

Do not let fear or intimidation silence you. Our conversations are private, free and completely confidential. Call the Derek Smith Law Group today at 800-807-2209 for a free consultation, and together we will help you reclaim control of your life.

Awards and Recognition

Top-Rated by SuperLawyers year after year as one of the top 5% attorneys in Employment Law; Obtained the Largest Emotional Distress Verdict upheld in an Employment Law Case in the entire United States; Secured a Settlement in Excess of $15,000,000 on behalf of a client; Settled another case for an amount in excess of $6,000,000 and another case for an amount in excess of $7,000,000. Obtained a jury verdict in excess of $4,000,000. Obtained many other multi-million dollar settlements and jury verdicts. Perfect 10.0 Avvo Lawyer Rating. Top Employment Lawyer As Recognized By Newsweek. Recognized by New York Law Journal for Top Verdicts in Employment Law.

Education & Admission

Admission

  • New York, California, New Jersey, Pennsylvania, and Florida
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Courts for the Northern, Southern, Western and Eastern Districts of New York
  • U.S. District Courts for the Eastern and Middle Districts of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern and Middle District of Florida
  • U.S. District Court for the Central District of California

Education

  • University of Michigan, B.A., 1991
  • Penn State Dickinson School of Law, J.D., 1994
  • Université de Droit, d’Économie et des Sciences d’Aix-Marseille, 1990

Memberships

National Employment Lawyers Association; NELA

Languages

English, French

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Derek Smith