John D. Smart

Often working closely with companies’ leadership, general counsel and legal teams, John brings deep experience in all aspects of employee-employer relations. Whether addressing employee mobility issues, helping an organization map sound workplace policy, or developing a strategy to address an employment-related claim, clients trust John for his incisive advice and counsel.

For more than three decades, John has devoted his practice to the representation of employers, senior executives and key employees in labor, employment and immigration matters. Following a four-year stint with the U.S. Army Judge Advocate General’s Corps, including two years as a Special Assistant U.S. Attorney for the Western District of Texas, John moved to Dallas in 1992 and quickly developed expertise in traditional labor and employment matters. Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, John handles employment-based immigration matters, including both nonimmigrant visa and permanent residency applications, as well as a wide range of employment law advice and claims resolution.

Currently, John leads the firm’s Immigration practice group, which regularly represents employer clients seeking to secure both immigrant and nonimmigrant visas for key foreign employees. John assists clients in obtaining visas for specialty occupation workers, intracompany transferees, multinational executives and managers, treaty and trade investors, professional athletes and coaches, physicians, surgeons, nursing personnel, medical technologists, all varieties of engineers, aviation and aerospace specialists, computer and IT professionals, and outstanding researchers. He also handles family-based immigration matters for select individuals and executives. Bringing his deep experience in these areas, John actively looks for ways to improve the efficiency and affordability of his client’s immigration programs.

On the employment side, John has extensive first-chair experience in both state and federal courts in the defense of claims under the Texas Commission on Human Rights Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), and the National Labor Relations Act (NLRA).

John is among the few attorneys in Texas who have successfully sued labor unions in state court for tort claims not preempted by the NLRA. He also handles all forms of common law employment claims, including actions for unfair competition, violations of noncompetition and employment agreements, and claims for defamation, tortious interference with contract, intentional infliction of emotional distress and other tort actions.

In addition, John devotes a significant amount of time to human resources counseling, negotiation and drafting of employment and severance agreements, and the preparation and review of employee handbooks and personnel policies.