“After 19 years on
the bench, I am
convinced that
95% of litigation is
best resolved
through ADR. My
approach is to use
my judgment and
experience to
facilitate a
resolution that
works best for the
parties involved.”
THE RESOLUTION EXPERTS
Hon. Fern M. Smith (Ret.) has served as a Federal District Court Judge, settling and adjudicating complex cases
involving a wide range of issues. Judge Smith also served as Director of the Federal Judicial Center — the primary
training and educational institute for federal judges — where she was one of the primary editors of the MCL 4th (Manual
of Complex Litigation). She combines 30 years of distinguished judicial and legal experience with her unique ability to
bring about the successful resolution of complex, multi-party matters.
ADR Experience and Qualifications
• In her 17 years on the Federal Bench, Judge Smith presided over every case type within federal jurisdiction.
Representative cases are listed below
• Judge Smith served as a trainer and facilitator on judicial administration and reform with judges in India, Egypt,
Bolivia, Mexico, Tunisia, Israel, Jordan, Greece, Italy, Russia, Morocco, Thailand, China, Turkey, the Netherlands,
Slovenia, and Bahrain emphasizing commercial dispute resolution and case management procedures
Representative Matters
• Patent: Conducted Markman hearing in Genentech v. Amgen, construing three pioneer biotech patents
• Intellectual Property/Copyright: Presided over bench trial of Galoob v. Nintendo, involving allegations of copyright
infringement, resulting in plaintiffs judgment of $15 million in damages; presided over Nintendo v. Atari, a copyright
and patent infringement case involving cross-claims of anti-trust and misuse of patents
• Securities Class Actions: Decided In re: Silicon Graphics, interpreting Private Securities Reform Litigation Act
• Anti-Trust: Heard In re: Citric Acid Litigation involving price fixing allegations against numerous domestic and
international companies; multi-million dollar fines assessed in related criminal cases
• Labor/Employment: Decided Dillingham v. Sonoma and Assoc. Builders v. Curry; judgment affirmed by the U.S.
Sup. Ct.
• Environmental/Toxic Tort: Interpreted CERCLA in U.S. v. Allied Signal Corp. finding private parties entitled to
judicial review of Navy’s remediation plan
• Insurance: Adjudicated numerous insurance coverage matters, including first and third party issues. Authored 11th
Circuit opinion in State Farm v. Steinberg, clarifying rights to sue under “advertising injury”
• Mass Torts: Specialized in complex product liability litigation ranging from aviation to medical devices to
pharmaceuticals
• Torts: Presided over court trial alleging government negligence for plane crash into Sun Valley Mall
Honors, Memberships, and Professional Activities
• Chair, U.S. Judicial Conference Committee on International Judicial Relations, 2003-2005
• Chair, U.S. Judicial Conference Advisory Committee on the Rules of Evidence, 1996-1999
• Member, U.S. Judicial Conference Advisory Committee on the Rules of Evidence, 1993-1996
• Member, Executive Committee of the Ninth Circuit Judicial Conference, 1994-1996
• Member, Ninth Circuit State-Federal Judicial Council, 1990-1993
• Member, California Judicial Council’s Advisory Task Force on Gender Bias, 1988-1990
• Member, California Judicial Council, 1987-1988
• Advisory Boards: American Bar Association Central European and Eurasian Law Initiative; American Society of
International Law; American Judicature Society-National Jury Center Advisory Committee; Association of Business
Trial Lawyers-Board of Governors; The National Academies-Science, Technology, and Law Program; Stanford Law
School-Board of Visitors
Background and Education
• Judge, U.S. District Court, Northern District of California, San Francisco, CA, 1988-2005
• Director, Federal Judicial Center, Washington, D.C., 1999-2003
Two Embarcadero Center • Suite 1500 • San. Francisco, CA 94111 • Tel 415-982-5267 • Fax 415-982-5287 • www.jamsadr.com
“After 19 years on
the bench, I am
convinced that
95% of litigation is
best resolved
through ADR. My
approach is to use
my judgment and
experience to
facilitate a
resolution that
works best for the
parties involved.”
THE RESOLUTION EXPERTS
Hon. Fern M. Smith (Ret.) has served as a Federal District Court Judge, settling and adjudicating complex cases
involving a wide range of issues. Judge Smith also served as Director of the Federal Judicial Center — the primary
training and educational institute for federal judges — where she was one of the primary editors of the MCL 4th (Manual
of Complex Litigation). She combines 30 years of distinguished judicial and legal experience with her unique ability to
bring about the successful resolution of complex, multi-party matters.
ADR Experience and Qualifications
• In her 17 years on the Federal Bench, Judge Smith presided over every case type within federal jurisdiction.
Representative cases are listed below
• Judge Smith served as a trainer and facilitator on judicial administration and reform with judges in India, Egypt,
Bolivia, Mexico, Tunisia, Israel, Jordan, Greece, Italy, Russia, Morocco, Thailand, China, Turkey, the Netherlands,
Slovenia, and Bahrain emphasizing commercial dispute resolution and case management procedures
Representative Matters
• Patent: Conducted Markman hearing in Genentech v. Amgen, construing three pioneer biotech patents
• Intellectual Property/Copyright: Presided over bench trial of Galoob v. Nintendo, involving allegations of copyright
infringement, resulting in plaintiffs judgment of $15 million in damages; presided over Nintendo v. Atari, a copyright
and patent infringement case involving cross-claims of anti-trust and misuse of patents
• Securities Class Actions: Decided In re: Silicon Graphics, interpreting Private Securities Reform Litigation Act
• Anti-Trust: Heard In re: Citric Acid Litigation involving price fixing allegations against numerous domestic and
international companies; multi-million dollar fines assessed in related criminal cases
• Labor/Employment: Decided Dillingham v. Sonoma and Assoc. Builders v. Curry; judgment affirmed by the U.S.
Sup. Ct.
• Environmental/Toxic Tort: Interpreted CERCLA in U.S. v. Allied Signal Corp. finding private parties entitled to
judicial review of Navy’s remediation plan
• Insurance: Adjudicated numerous insurance coverage matters, including first and third party issues. Authored 11th
Circuit opinion in State Farm v. Steinberg, clarifying rights to sue under “advertising injury”
• Mass Torts: Specialized in complex product liability litigation ranging from aviation to medical devices to
pharmaceuticals
• Torts: Presided over court trial alleging government negligence for plane crash into Sun Valley Mall
Honors, Memberships, and Professional Activities
• Chair, U.S. Judicial Conference Committee on International Judicial Relations, 2003-2005
• Chair, U.S. Judicial Conference Advisory Committee on the Rules of Evidence, 1996-1999
• Member, U.S. Judicial Conference Advisory Committee on the Rules of Evidence, 1993-1996
• Member, Executive Committee of the Ninth Circuit Judicial Conference, 1994-1996
• Member, Ninth Circuit State-Federal Judicial Council, 1990-1993
• Member, California Judicial Council’s Advisory Task Force on Gender Bias, 1988-1990
• Member, California Judicial Council, 1987-1988
• Advisory Boards: American Bar Association Central European and Eurasian Law Initiative; American Society of
International Law; American Judicature Society-National Jury Center Advisory Committee; Association of Business
Trial Lawyers-Board of Governors; The National Academies-Science, Technology, and Law Program; Stanford Law
School-Board of Visitors
Background and Education
• Judge, U.S. District Court, Northern District of California, San Francisco, CA, 1988-2005
• Director, Federal Judicial Center, Washington, D.C., 1999-2003
Two Embarcadero Center • Suite 1500 • San. Francisco, CA 94111 • Tel 415-982-5267 • Fax 415-982-5287 • www.jamsadr.com
Hon. Ferri M. Smith (Ret.) (General Biography) Page 2 of 2
• Judge, Superior Court of the State of California, in and for the County of San Francisco, San Francisco, CA,
1986-1988
• Partner, Bronson, Bronson & McKinnon, 1981-1986, (Associate, 1975-1981)
• J.D., Stanford Law School, 1975
• B.A., Stanford University, Graduated with Distinction, Phi Beta Kappa, 1972
Two Embarcadero Center • Suite 1500 • San Francisco, CA 94111 • Tel 415-982-5267 • Fax 415-982-5287 • www.jamsadr.com
Hon. Ferri M. Smith (Ret.) (General Biography) Page 2 of 2
• Judge, Superior Court of the State of California, in and for the County of San Francisco, San Francisco, CA,
1986-1988
• Partner, Bronson, Bronson & McKinnon, 1981-1986, (Associate, 1975-1981)
• J.D., Stanford Law School, 1975
• B.A., Stanford University, Graduated with Distinction, Phi Beta Kappa, 1972
Two Embarcadero Center • Suite 1500 • San Francisco, CA 94111 • Tel 415-982-5267 • Fax 415-982-5287 • www.jamsadr.com