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Rochester

585.232.5600
585.232.7738 (fax)
jlsmith@bklawyers.com
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With over 35 years of litigation experience, plan sponsors of single-employer and multiemployer plans, unions, companies and individuals have retained Jules L. Smith to handle the most complex and financially important employee benefits, labor and employment controversies they confront.

A down-to-earth and nationally regarded litigator, Jules tries cases throughout the United States and has been regularly listed in Best Lawyers in America, Who’s Who in America and Who’s Who in the East. His father, also an attorney, imbued him with an abiding desire to help people: “Legal disputes are about people. Don’t ever forget that.”

Jules—born and raised in New York City—serves on several influential community organizations, including: Rochester Philharmonic Orchestra. He previously served on the following organizations: the Board of the United Way of Greater Rochester, Inc.; Chairman of the Board of The Legal Connection, Inc. (providing legal service referrals to the poor); and Chairman of the Board of Rochester Fights Back (a community anti-drug coalition).

Jules L. Smith
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Areas Of PracticeEducation
  • Juris Doctor, 1971, Syracuse University, Syracuse, New York
    • Order of the Coif, Justinian Honor Society.
    • Editorial Board, Syracuse Law Review, 1970-1971.
    • Recipient, American Jurisprudence Award for Excellence in the study of the Law of Sales.
  • Bachelor of Science, 1969, Syracuse University, Syracuse, New York
Bar & Court Admissions
  • New York State Courts (1972)
  • United States District Court for the Northern District of New York (1972)
  • United States District Court for the Western District of New York (1973)
  • United States Court of Appeals for the Second Circuit (1975)
  • United States Supreme Court (1982)
Significant Representations
  • Successfully defended Board of Trustees of a multiemployer pension plan against breach of fiduciary duty claim involving the denial of pension benefits and administration of the plan. Plan participant sought to recover additional pension benefits. The court granted summary judgment in favor of Trustees. John DioGuardi v. Rochester Laborers’ Pension Fund, Robert Brown, as Trustee, Raymond Kuntz, Jr., as Trustee, James Williams, as Trustee, and Thomas Helfrich, as Trustee, 317 F. Supp. 2d 216 (W.D.N.Y. 2004).
  • Successfully defended Board of Trustees of a multiemployer pension plan against breach of fiduciary duty claim involving the denial of pension benefits. Plan participant sought additional pension benefits on the grounds a break in service did not occur. The court granted summary judgment in favor of Trustees. Vail v. Plumbers, Pipe Fitters & Apprentices Local #112 Pension Fund, 129 F. Supp. 2d 176 (N.D.N.Y. 2001).
  • Successfully defended an employer against a claim of disability discrimination and settled the matter on the eve of trial on terms favorable to our client.
  • Defended an employer against claims of gender, age and disability discrimination. The court granted our client summary judgment following the close of discovery.
Publications
  • Contributing Editor, Seymour and Brown, Equal Employment Law Update, 1997-Present, Bureau of National Affairs
  • Contributing Editor, Lindemann and Grossman, Employment Discrimination Law, Bureau of National Affairs, Third Edition
  • Author, Understanding How to Apply the DSM-IV to a Case under the ADA, Vol. 17, No. 3 The Labor Lawyer, page 449 (Winter/Spring 2002)
  • Author, Accommodating the Americans with Disabilities Act to Collective Bargaining Obligations under the NLRA, Vol. 18, No.2 Employee Relations Law Journal, pg. 273 (Autumn, 1992)
  • Author, An Employee Compliance Checklist, The Employment Provisions of the ADA, 39 Federal News & Bar Journal Vol. 1, pg. 81 (January, 1992)
  • Author, Drug and Alcohol Screening, 11 Labor and Employment Law Section Newsletter, Vol. 4, pg. 3 (December, 1986)
  • Author, Who is RICO and Why Is He Bothering Me?, 11 Labor and Employment Law Section Newsletter, Vol. 3 (March, 1986)
  • Author, Affirmative Action and Sexual Harassment, Updating Issues in Employment Law, October 17, 1986, NYSBA
  • Co-Author, Labor Relations Law, 1984 Survey of New York Law, 36 Syracuse Law Review, 1985
  • Co-Author, New Antitrust Developments Affecting Labor Law, 33 Syracuse Law Review, 1982
  • Co-Author, Labor Relations and Antitrust: Developments After Connell, 3 Industrial Labor Relations Law Journal, 1979
  • Author, Right to Contribution Under Strict Liability, 22 Syracuse Law Review, 1971
  • Author, Federal Procedure: Class Actions, 21 Syracuse Law Review, 1969
Speaking Engagements
  • New England Consortium of State Labor Relations Agencies’ Annual Summer Program, July 13-14, 2006: “Dealing with the Interplay of the ADA, FMLA and Workers Compensation Statutes in a Union Setting”, at Stratton Mountain, Stratton, Vermont.
  • Law Education Institute, Aspen, Colorado, January 4, 2004: A Year in Review: An Update Of the Most Significant Developments in Traditional Labor Law.
  • AFL-CIO, Union Lawyers Conference, New Orleans, Louisiana, April 29, 2003: Employment Discrimination Update: Development in Major Federal Statutes.
  • Law Education Institute, Aspen, Colorado, January 3, 2003: Specialized Issues under the ADA: The Interactive Process, What is An Accommodation?
  • Law Education Institute, Vail, Colorado, January 5, 2001: The Year in Review: An Update of the Most Significant Developments in Traditional Labor Law.
  • American Bar Association, Equal Employment Opportunity Committee Mid-Winter Meeting, Boca Raton, Florida, March 27-29, 1999, The Americans with Disabilities Act–The Top Compliance Issues: A Union Perspective.
  • American Bar Association, The Second Annual National Institute on the Americans with Disabilities Act, Chicago, Illinois, April 8-10, 1999, Co-Chair and Presenter: DOT vs. ADA: Does the ADA Trump All?
  • 1999 National CLE Conference on Labor and Employment Law, Vail, Colorado, January 9, 14, 1999: Bargaining & Status of Employer-Employee Cooperation Programs and Productions Teams in Unionized Plants.
  • American Bar Association, Equal Employment Opportunity Committee Mid-Winter Meeting, La Costa Resort, Carlsbad, California, March 27th – 30th, 1996, Co-Chair, and Speaker, Government Liaison Response Panel.
  • American Bar Association, Continuing Legal Education TeleConference–Employee Leaves of Absence: at the Crossroads of the FMLA, the ADA and Worker’s Compensation, March 26, 1996, National Teleconference.
  • American Bar Association, Labor and Employment Law Section Annual Meeting, August 1995, Chicago, Illinois: Showcase Program – Mock Trial of a Sexual Harassment/Discrimination Case (Plaintiff’s Counsel on Direct Examination and Cross).
  • Practicing Law Institute, Sexual Harassment Litigation Program. Plaintiff’s Perspective: Motion Practice in Sexual Harassment Litigation, New York City, June 22, 1994.
  • Building and Construction Trades Attorneys’ Conference, April 4, 1994, Seattle, Washington: The Americans With Disabilities Act: Application of Title III, Public Accommodations, to Unions in the Construction Trades.
  • Program Co-Chair and Speaker, American Bar Association, Third Annual Advocacy Institute. Update1993: Americans With Disabilities Act Litigation Tactics and Strategies for the Labor and Employment Law Practitioner, An ADA Mock Trial, Arlington, Virginia, November 18-19, 1993.
  • Practicing Law Institute, Sexual Harassment Litigation Program. Plaintiff’s Perspective: Motion Practice in Sexual Harassment Litigation, New York City, June 9, 1993
  • New York State Bar Association, Labor and Employment Law Section Annual Meeting: Issues of Special Concern after Six Months of Accommodations under the Americans with Disabilities Act, January 29, 1993, New York City
  • 25th Pacific Coast Labor Law Conference: Civil Rights and Civil Wrongs, Creating Equity in the Workplace and Avoiding Disaster in the Courts; The Americans with Disabilities Act: Adjustments for Collective Bargaining – Reality Replaces Rhetoric, May 15, 1992, Seattle, Washington
  • American Bar Association, ABA Satellite Seminar, May 27, 1992, Washington, DC: Americans With Disabilities Act American Bar Association, Labor and Employment Law Section Annual Meeting, August 1991, San Francisco, California: Arbitrating Sexual Harassment Claims
  • AFL-CIO, Union Lawyers Conference, May, 1991, San Francisco, California: The Americans Disabilities Act and the New Regulations
  • American Bar Association, Labor and Employment Section Annual Meeting, August, 1991, Atlanta, Georgia: The Americans with Disabilities Act, Critical Issues under the new Regulations
  • Program Co-Chair, American Bar Association Second Annual Advocacy Institute for the Modern Labor and Employment Law Practitioner: A Mock Trial: Prosecuting and Defending an Americans with Disabilities Act Lawsuit, New Orleans, Louisiana, January 31-February 4, 1992
  • Cornell University, School of Industrial and Labor Relations, January, 1993; Alcohol and Drugs in the Workplace
  • Cornell University, School of Industrial and Labor Relations, April, 1992; A Training Series on the Americans With Disabilities Act of 1990
  • Cornell University, School of Industrial and Labor Relations, October, 1992, Buffalo, New York: The ADA and Labor Relations – Implementing the Americans with Disabilities Act and Unionized Workplaces
  • Cornell University, School of Industrial and Labor Relations, November, 1992, Ithaca, New York: An Overview of the ADA Employment Provisions
  • Cornell University, School of Industrial and Labor Relations, 1991-92 Labor Relations Series: The Americans with Disabilities Act Update: The Impact of the Law and the New Regulations
  • Winter Meeting, New York State Occupational Medical Association: Drug and Alcohol Screening, February 7, 1987, Rochester, New York
  • ABA/EEO Committee Mid-Winter Meeting: Multiple Forum Litigation, January 29, 1987, Sarasota, Florida
  • New York State Bar Association, Labor Employment Law/Corporate Section, Updating Issues in Employment Law: Affirmative Action and Sexual Harassment, October 17, 1986, Syracuse, New York
  • New York State Bar Association, Labor and Employment Law Section Annual Meeting: Who Is RICO and Why Is He Bothering Me?, January 17, 1986, New York City
  • American Arbitration Association, Arbitration Advocacy Program, October 24, 1985, LeMoyne College, Syracuse, New York
  • Bureau of National Affairs Labor Law Institute, December 13-14, 1984, New York City: Hot Issues Under the National Labor Relations Act
  • LeMoyne College, Institute of Labor Relations, Tuesday Forum, October 16, 1984, LeMoyne College, Syracuse, New York: The Rights of Strikers
  • AFL-CIO Union Lawyers Conference, April 27-30, 1983, Chicago, Illinois: New Antitrust Developments Affecting Labor Law
  • 10th Annual Meeting of Labor and Employment Law Section, New York State Bar Association, January 20-24, 1981, New York Hilton Hotel, New York City: Latest Labor Antitrust Law Developments: Recent Developments Under Section 8(e) of the Labor-Management Relations Act and Antitrust Laws
  • New York State Bar Association and the Labor and Employment Law Section and Committee on Continuing Legal Education, 1980: Labor Law for the General Practitioner
Affiliations
  • American Bar Association
  • Budget Committee, American Bar Association, Labor and Employment Section Council, 2009
  • Co-Chair, American Bar Association, Labor and Employment Section, ad hoc committee to comment on the Equal Employment Opportunity Commission’s Americans with Disabilities Act Regulations, 1990-1993
  • Union Chair, Equal Employment Opportunity Committee, Labor and Employment Law Section of the American Bar Association, 1985-1988
  • New York State Bar Association
  • Chair, Labor and Employment Law Section of the New York State Bar Association, 1984-1985
  • Chair-Elect, 1983-1984
  • Chair, Membership and Finance Committee, 1980-1983
  • Member, New York State Bar Association, House of Delegates, 1989-1992
  • Member, New York State Bar Association Task Force on Administrative Hearings (Hon. Matthew Jason, Chairman) 1986-1988
  • Member, Special Committee on Specialization, New York State Bar Association, 1983-1987
  • Monroe County Bar Association
  • Trustee, 1994-1996
  • Co-Chair, Labor and Employment Committee 1992-1993
  • Federal Bar Council – Member
  • New York State Trial Lawyers Association – Member
  • Onondaga County Bar Association – Member