Overview

Colin P. Smith is an attorney in Holland & Knight's Chicago office and co-chair of the firm's Product Liability Team. His practice focuses in the areas of product liability, mass tort, commercial litigation, and legal ethics and risk management. Over the past 40 years, he has represented numerous companies in complex and consolidated product liability litigation involving product warranty and performance issues, mass disasters and serial litigation arising from claims of product defects. His experience extends to a broad array of products, especially in the automotive, electronics, construction, pharmaceutical, medical device and consumer products industries.

Mr. Smith also counsels lawyers and law firms in the areas of legal ethics, professional liability and risk management. He serves as Professional Responsibility partner for Holland & Knight's Chicago office and in that role regularly counsels the firm's lawyers in legal ethics, compliance and risk management issues.

Mr. Smith represents clients as trial counsel and national or regional coordinating counsel throughout the United States and he has tried cases in more than a dozen states. Mr. Smith increasingly counsels clients in litigation management, risk management and regulatory compliance across a broad spectrum of issues.

Representative Experience

Product Liability and Personal Injury Litigation

  • Represented a major tire manufacturer as national counsel in the aftermath of a major product recall; this engagement included advising on crisis management, government proceedings and investigations, and representation of the company in multidistrict and state consolidated proceedings and nationwide personal injury litigation
  • Represented bus manufacturer in product liability litigation involving vehicle control and crash avoidance
  • Represented furniture manufacturer in product liability litigation relating to stability and integrity
  • Represented tool manufacturer in product liability litigation involving cutting blade fracture and failure
  • Represented military vehicle manufacturer in product liability litigation involving component failure
  • Represented fireplace manufacturer in product liability litigation relating to house fires
  • Represented electrical component manufacturer as national counsel in serial product liability litigation relating to building fires

Product Liability Counseling

  • Advised a component supplier in the HVAC industry in connection with commercial claims for the cost of product recall and replacement
  • Advised multiple manufacturers of automotive equipment regarding the U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) regulatory compliance, defect notification and recall issues
  • Represented multiple Tier 1 automotive component suppliers in the assessment and preparation of product warnings and safety communications
  • Advised multiple offshore product manufacturers regarding U.S. product liability risks and risk mitigation actions
  • Advised multiple product sellers regarding consumer warranty provisions and warranty disclaimers and limitations
  • Represented a Tier 1 automotive component supplier in the assessment and evaluation of its product safety and performance monitoring functions
  • Represented a major excess insurer in the assessment of and potential settlement strategies for catastrophic injury product liability claims against a vehicle manufacturer

Consumer Product Safety Commission (CPSC)

  • Represented multiple consumer product manufacturers and sellers in proceedings before the U.S. Consumer Product Safety Commission (CPSC), including the organization and execution of voluntary product recall programs
  • Advised multiple consumer product manufacturers and sellers relating to CPSC mandatory standards and consumer reporting issues

Consumer Class Actions

  • Represented a major product manufacturer in multiple nationwide and state consumer warranty class actions alleging product performance and value issues
  • Represented a major automobile servicing chain in consumer class action alleging improper imposition of service fees

Toxic Tort Litigation

  • Represented an international chemical manufacturer in toxic tort litigation arising from herbicide exposure
  • Represented a large manufacturing company with respect to claims of employee workplace toxic exposures

Representative Experience

Credentials

Education
  • Washington University in St. Louis School of Law, J.D.
  • DePauw University, B.A.
Bar Admissions/Licenses
  • Florida
  • Illinois
Court Admissions
  • All State Courts in Illinois
  • All State Courts in Florida
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Middle District of Florida
Memberships
  • American Bar Association
  • Illinois State Bar Association
  • Association of Professional Responsibility Lawyers (APRL)
Honors & Awards
  • The Best Lawyers in America guide, Personal Injury Litigation - Defendants, 2005-2023
  • Illinois Super Lawyers magazine, 2009, 2010, 2016-2023
  • Chambers USA – America's Leading Business Lawyers guide, Product Liability & Mass Torts, 2008-2020; Product Liability: Automobile, 2013-2019
  • Chicago Law Bulletin Leading Lawyer
  • BTI Client Service All-Star, 2005
  • Order of the Coif
  • Phi Beta Kappa
  • Washington University Law Quarterly, Senior Editor

Publications

Speaking Engagements

News