D. Jacques Smith

Complex Litigation Practice Leader
Jacques is the national leader of the firm's Complex Litigation practice and co-chair of the firm's Investigations group.
Jacques Smith, Partner, Washington DC at Arent Fox

Recognized as one of the top False Claims Act practitioners in the country, Jacques' clients encompass all branches of health care and life sciences, including Big Pharma, large hospitals, and medical device suppliers and manufacturers. He has amassed over 25 years of experience handling jury, bench, and administrative trials in a variety of civil and criminal cases in state and federal courts throughout the country, and he excels at handling complex internal investigations and responding to government inquiries. Jacques has been recognized as one of the leading health care attorneys in the District of Columbia by Chambers USA. 

Jacques is also a decorated Captain with extensive and unique legal experience through his service in the United States Navy. He served as General Courts-Martial Judge for the Department of the Navy, in addition to roles as the Chief Navy Reserve Trial Judge, and as an appellate judge for the Navy-Marine Corps Court of Criminal Appeals. He has over a decade of experience on Naval trial and appellate benches and has presided over more than 100 jury, bench, and appellate trials. As a result, Jacques has been recognized with an AV Preeminent® judicial rating.

Jacques is a frequent writer and speaker on government investigations, the False Claims Act, and complex litigation best practices.

Client Work

Jacques represents domestic, foreign, and sovereign clients in complex internal investigations and civil litigation at all levels in both federal and state courts. He also frequently advises these clients on their rights and liabilities before litigation arises. He has substantial experience in responding to government subpoenas and civil investigative demands (CIDs) and supervising a nationwide litigation docket of complex cases arising in multiple states. More than 50 of Jacques’ cases have been reported.

Selected significant matters include:

  • Representation of a large public hospital in the resolution of a $70 million False Claims Act and Stark Law litigation in United States ex rel. Reilly v. North Broward Hospital District (USDC SD Fla.)
  • Representation of two proton therapy centers in a False Claims Act, Stark Law, and Anti-Kickback Statute investigation in United States ex. rel. Ward v. ProCure Management (USDC WD Ok.)
  • Served as lead counsel in the ongoing patient assistance program investigation (DOJ; USDC D. Mass)
  • Representation of a financial institution in a False Claims Act lawsuit asserting billions of dollars in claims in United States ex. rel. Brown and Stone v. Bankunited Trust (USDC SD Fla.) 
  • Representation of multiple pharmaceutical companies in ongoing pricing dispute in State of Louisiana v. Abbott Laboratories, et al. (19th Judicial District; Court of Appeals First Circuit (LA))
  • Representation of a medical device supplier in connection with a False Claims Act litigation in United States v. Coloplast, et al. (USDC D. Mass)
  • Representation of a pharmaceutical company in a False Claims Act litigation in United States, ex rel. Conrad v. Actavis Mid-Atlantic, et al. (USDC D. Mass)
  • For the past 17 years, served as lead litigation counsel representing a major pharmaceutical manufacturer in connection with the Average Wholesale Price MDL throughout the country in In re: Pharmaceutical Industry Average Wholesale Litigation (MDL No. 1456)
  • Representation of a hospital in four False Claims Act Cases where its former General Counsel brought suit (Sup. Ct. Cal.; USDC ND Cal.)
  • Representation of a major hospital in connection with a proposed Government audit and complex administrative subpoena (USDC ED Pa.; 3rd Cir.)
  • Representation of a major urban hospital in connection with a False Claims Act case (USDC DDC)
  • Representation of a vaccine manufacturer in a False Claims Act litigation in Dingle v. BioPort Corp. (USDC WD Mich.; 6th Cir.; USSC)
  • Representation of a pharmaceutical company in a patent case in Glaxo v. Impax Laboratories (USDC ND Cal.)
  • Representation of a major vaccine producer in a challenge brought by military service members in Bates v. BioPort Corp. (USDC DDC)
  • Representation of a major pharmaceutical company in connection with patent and unfair competition litigation (USDC MD)
  • Representation of a major foreign corporation in a patent dispute brought under Section 337 of the Tariff Act before the International Trade Commission; In The Matter of Certain Zero-Mercury-Added Alkaline Batteries (ITC)
  • Intervened on behalf of multiple clients to assure that their confidential information was protected in federal court litigation, including:
    • Protecting the confidential trade secrets of a major software company in antitrust litigation in United States v. Oracle Corp. (USDC ND Cal.)
    • Securing the confidentiality of important state documents for a sovereign nation in In re: Vitamin Antitrust Litigation (USDC DDC)
  • Representation of APA-The Engineered Wood Ass’n v. Professional Service Indus., Inc. (USDC ND IL) in claims of copyright infringement, passing off, and false advertising
  • Representation of a sovereign nation in a breach of contract action in ABC v. Gabonese Republic (USDC CD Cal.; 9th Cir.)
  • Representation of an international computer company in connection with complex patent litigation (USDC SD NY; Fed. Cir.)
  • Representation of a major utility company in cases alleging wrongful death, wrongful injury, and product liability issues (NJ; USDC NJ)

Military Service

In 1990, Jacques began his career as a litigator while serving with the Judge Advocate General's Corps of the United States Navy. As a US Navy attorney, Jacques served as a prosecutor, chief defense counsel, and appellate defense counsel while being stationed throughout the world. He gained extensive litigation experience, trying hundreds of courts-martial at trial and on appeal. Jacques later served in the Navy's General Litigation Division representing the Navy's and Department of Defense's interests in federal district courts and courts of appeal throughout the country, the US Court of Claims, and the Federal Circuit. Following his affiliation with Arent Fox in 1996, Jacques continued his service as a reserve officer in several roles. Jacques served as  Commanding Officer (acting) and Executive Officer of the Regional Legal Service Office for Naval District Washington, as a General Court - Martial Military Judge, as the Chief Judge of the Navy Reserve Trial Judiciary, and as an Appellate Judge on the Navy-Marine Corps Court of Criminal Appeals.

Jacques was named the American Bar Association's Outstanding Young Naval Attorney in 1993 and has been awarded three Meritious Service Medals, four Navy Commendation Medals, the Navy Achievement Medal, and multiple Secretarial and Flag Letters of Commendation for outstanding military and professional service. He was promoted to Captain in the United States Navy in 2009. Jacques was designated a Litigation Expert by the Navy Judge Advocate General Corps’ Military Justice Litigation Career Track Selection Board in 2009. He has taken several advanced classes at the National Judicial College and served as an adjunct faculty member at the Naval Justice School and Army’s Judge Advocate General School for many years, focusing on evidence, trial practice, and judicial methodology.

Publications, Presentations & Recognitions

Jacques is committed to public service matters and, in 2000, he was awarded the firm's Albert Arent Pro Bono Award for outstanding commitment to community service and pro bono interests. In 2018, he was awarded the Marc L. Fleischaker Award for his outstanding work on pro bono matters in 2017. 

Jacques is a regular writer, speaker, and commentator on a variety of government investigations, False Claims Act, and litigation best practices nationwide. He is the co-author of multiple chapters of a PLI book on government investigations, litigation, and health care fraud. He has also co-written (with Michael Dearington and Randall Brater) “Eleventh Circuit Deals Blow to Defense Contractors in Key False Claims Act Statute-of-Limitations Tolling Case, Deepening Circuit Split” and (with Michael Dearington), “Catch Me If You Can: The Divergent and Inconstant Pleading Requirements Governing Qui Tam Complaints.”

Jacques has also been quoted in industry publications, including: “New DOJ Policies Favor Corporate Defendants,” Compliance Week, February 27, 2018.

Jacques' client alerts and blog articles include:

  • Is DOJ Changing Its Approach to Enforcement? What Regulated Entities Need to Know.”
  • Another One Bites the Dust: Court Tosses Nearly $350 Million False Claims Act Verdict Under Escobar.”
  • “DOJ Reports $3.7 Billion in False Claims Act Recoveries in FY 2017.”
  • Oral Arguments Set for Major False Claims Act Case Pending Before Supreme Court
  • “Supreme Court Declines to Adopt Automatic-Dismissal Rule for Violations of False Claims Act’s Seal Requirement.”
  • “Needing to Adjust: DOJ and HHS Announce Steep Increases to FCA, Stark Law, Anti-Kickback Statute, and EMTALA Penalties.”
  • “Duh, It's Fraud: Supreme Court Says the False Claims Act Isn't That Complicated.”
  • “False Claims Act Penalties Set to Double, Far Exceeding Expected Increase.”
  • “Health Care Industry Braces for Major False Claims Act Case Before Supreme Court.”
  • “Ninth Circuit’s Kinetic Concepts Case Overrules Long-Standing, Defendant-Friendly False Claims Act Precedent.”
  • “US Supreme Court Decides Landmark False Claims Act Case Resolving Unsettled Statute of Limitations and First-to-File Bar Questions.”
  • “Unsealed False Claims Act Suit Asserts that Reverse Payment Settlements Create Government Overpayments.”
  • “Arent Fox Attorneys Author ‘Health Care Litigation and Risk Management Answer Book 2015.’”
  • “Federal Court in Georgia Orders Health Care Provider to Produce Privileged Documents in False Claims Act Action.”
  • “Eighth Circuit Joins Handful of Federal Courts of Appeals to Erode Important Defendant Protections in False Claims Act Actions.”
  • “Two California Nursing Homes Accused of Medicare and Medicaid Fraud.”
  • “BREAKING: US Supreme Court Grants Cert in Closely Watched False Claims Act Case.”
  • Bar & Court Admissions
    • District of Columbia Bar
    • Louisiana Bar
    • Maryland Bar
    • Supreme Court of the United States
    • US Court of Appeals for the Armed Forces
    • US Court of Federal Claims
    • US Court of International Trade
    • Navy-Marine Corps Court of Criminal Appeals
    • US District Court, District of Columbia
    • US District Court, Eastern District of Louisiana
    • US District Court, Middle District of Louisiana
    • US District Court, Eastern District of Wisconsin
    • US District Court, Western District of Michigan
    • US Court of Appeals, District of Columbia Circuit
    • US Court of Appeals, Federal Circuit
    • US Court of Appeals, 3rd Circuit
    • US Court of Appeals, 4th Circuit
    • US Court of Appeals, 6th Circuit
    • US Court of Appeals, 9th Circuit
  • Education
    National Judicial College
    ,
    Advanced Evidence; Advanced Procedure
    ,
    2010
    Louisiana State University
    JD
    ,
    1991
    Loyola University
    BA
    ,
    cum laude
    ,
    1988