Donald Smiley

Donald Smiley

Website https://www.linkedin.com/in/donald-smiley-a555a2/

Biography

Current Employer/Law Offices of Donald V. Smiley, APC

Profession: Attorney, Arbitrator

Work History: Principal, Law Offices of Donald V. Smiley, APC., 2002-Present; Callahan, McCune & Willis (Senior Litigation Counsel 2000-2001); Siefert Henderson Farricker & Gilman (formerly Gilman & Smiley) (Senior Litigation Counsel for USF&G then St. Paul and now Traveler’s Insurance 1993-2000); Kayajanian, Fury, Baker & Hill (Litigation Counsel for Fireman’s Fund Insurance 1991-1993); Lynberg & Watkins (Litigation Associate 1987-1993); Slaff, Mosk & Rudman (Legal Intern 1984-1986)

Experience:

The Law Offices of Donald V. Smiley, APC is a boutique law office with over 25 jury trials, offering both transactional and litigation services to a wide variety of individuals and companies largely in the business or entertainment industries world-wide including A-List motion picture and television production companies; talent; writers; directors and multi-hyphenates; sales agents; personal managers and book authors with corporate, finance, contractual, sales/distribution and contractual enforcement.

As a leading authority on the California Talent Agency Act, California Labor Code Section 1700. et. cet; Mr. Smiley was lead counsel in Marathon v. Blasi (2008) 42 Cal. 4th 974, where the California Supreme Court held that under the Act, a personal management contract is not unilaterally voided when a personal manager acts as an unlicensed talent agent. This was the first change in the statute's interpretation in over 30 years.

Prior to the opening of his own office, Mr. Smiley’s civil litigation practice was diverse, including representation of clients in the fields of professional liability, legal malpractice defense, Directors and Officers, Errors and Omissions; business, products and premises liability claims. Established the first ‘In-House’ litigation unit for entertainment litigation while at Fireman’s Fund Insurance. Before becoming an attorney, Mr. Smiley worked while an undergraduate with the PMA Literary & Film Management, the Orpheus Chamber Orchestra and at Carnegie Hall.

Alternative Dispute Resolution Experience:
Has participated in approximately 40 arbitrations/mediations or California Labor Commission Hearings in the past 10 years as an attorney, party appointed, or neutral arbitrator. These have generally been disputes under the Independent Film and Television Alliance or disputes under the California Talent Agencies Act.

Alternative Dispute Resolution Training:
American Institute of Mediation: Mediating Commercial & Litigated Cases (2019)

Professional Licenses/Activities: Admitted to the Bar: California 1986; U.S. District Court: Central, Northern, Southern, and Eastern Districts of California; U.S. Court of Appeals: Ninth Circuit (1987); Los Angeles Superior Court, Arbitrator (1991-2001); Los Angeles Municipal Court, Judge Pro Tempore (1994-2004).

Professional Associations: California Bar Association; Beverly Hills Bar Association

Arbitration Panels: American Arbitration Association (AAA); International Center for Dispute Resolution (ICDR) – Independent Film and Television Assn. (IFTA); Financial Regulatory Association (FINRA)

Awards: Power Lawyer (Hollywood Reporter, 2008-2009; Super Lawyer (2017-present, Thomson Reuters)

Education: Pepperdine University School of Law (JD cum laude, Law Review, Moot Court Board, President Entertainment Law Society-1986); New York University (BA, film/tv); Goddard College (theatre/film).