Partner & Co-founder
- Employment Law — Employee
- Personal Injury
- Wage & Hour Law – Employee
- Sexual Harassment
- Wrongful Termination
- Disability Discrimination
- Retaliation/Whistleblower/Qui Tam
- Workplace Safety Issues
- Meal and Rest Periods
- Family and Medical Leave Act (FMLA)
- California Family Rights Act (CFRA)
- Military Service Members and Veterans Rights (USERRA/Cal-USERRA)
- Exempt Employee Misclassification
- Independent Contractor Misclassification
Recognized as a Rising Star by Southern California Super Lawyers every year since 2013, Benjamin Smith, the co-founder of Smith & Benowitz, is engaged in the practice of employment, class actions, personal injury and other tort litigation.
Mr. Smith is a founder and partner of Smith & Benowitz. Mr. Smith has successfully secured millions of dollars on behalf of his clients. His reputation as an aggressive and effective trial lawyer has resulted in lucrative settlements for his clients. His drive and creative approach to cases give him a competitive edge when advocating for his clients.
Alongside his Partner Louis Benowitz, Mr. Smith hosts a weekly Podcast entitled “LawFlip”. The LawFlip podcast strives to provide people with informative, accessible, and (sometimes) entertaining content on a wide array of legal and non-legal topics. In addition to Benjy and Louis, each episode has a different guest who provides unique insights into himself or herself, what he or she does and/or is passionate about, and the particular episode’s topics. Check out LawFlip now!
Before co-founding Smith & Benowitz, Mr. Smith litigated complex personal injury, business, real estate, employment and intellectual property cases at a prominent litigation boutique. Mr. Smith received his B.A. in political science from the University of Southern California and his Juris Doctor from Loyola Law School.
Mr. Smith resides in Los Angeles and is a California native. When away from his office, Mr. Smith enjoys spending time with his wife and two sons, family and friends. He enjoys sports, including basketball and indoor cycling. He is also involved in numerous fundraising activities for the Leukemia and Lymphoma Society.
Benjy's Legal Tip of the Week
0:47 | February 23, 2020
- Assisted trial counsel in a well-publicized trial obtaining a judgment in excess of $100 million involving breach of fiduciary duty in a commercial/probate case through appeal to the California Supreme Court.
- Successful representation of owner of famous trademark “Honey Badger Don’t Care” in trademark infringement actions throughout country, achieving significant settlements for the client.
- Assisted trial counsel in obtaining a jury verdict in excess of $65 million involving a dispute concerning a partnership agreement for the acquisition, management and financing of a real estate business.
- Assisted trial counsel in obtaining a jury verdict for fraud, breach of fiduciary duty and breach of contract in excess of $9 million involving a medical practice partnership.
- Lead counsel in obtaining settlement of $418,000 for clients involved in a dog attack.
- Lead counsel in obtaining settlement of $350,000 for clients involved in a dog attack.
- Co-trial counsel in obtaining a $200,000 judgment after trial for breach of contract against a luxury automobile dealership involving a celebrity-owned exotic automobile, including $138,000 in attorneys’ fees and costs.
- Co-trial counsel in a case against a security company for misappropriation of a rare diamond in which judgment was obtained after trial in the sum of $130,000.
- Represented a seller of a business in action against buyer who refused to pay a substantial portion of the purchase price. On the eve of trial, the case settled with the client obtaining a several hundred thousand dollar stipulated judgment.
- Defended real estate property manager against multi-million dollar claim of mismanagement. Was able to resolve the claim for cents on the dollar.
- Represented client who improperly had a judgment entered against him. By applying pressure to Plaintiff and third party national bank, obtained a satisfaction of judgment and a reimbursement of all the attorneys’ fees and costs paid by the client.
- Lead counsel in obtaining settlement of $70,000 for clients involved in a dog attack.
- Lead trial counsel achieving a complete defense of all claims against a prominent real estate broker in a five-week trial for fraud and breach of contract.
- Successfully obtained the identities of anonymous authors of harmful internet statements on the internet. Thereafter, initiated litigation against said authors, successfully removed the website from the internet containing false and damaging information about our client and defeated a hotly contested anti-slapp motion.
Loyola Law School, CA
Juris Doctorate, 2008
University of Southern California, CA
Bachelor of Art Degree, 2005
- The State Bar of California
- The State Bar of New York
- United States District Court for the Central District of California
Professional Associations & Memberships
- Consumer Attorneys Association of Los Angeles, Member
- Southern California Super Lawyers: Rising Star, 2013-2018