J. Joseph Bainton

J. Joseph Bainton is a partner and section head of the New York Litigation Department of Smith, Gambrell & Russell, LLP.

Mr. Bainton has for 35 years represented a wide variety of public and private clients in various commercial litigation. Prior to joining the firm, Mr. Bainton was a partner at prominent law firms, including Bainton McCarthy, Reboul, MacMurray, Hewitt, Maynard & Kristol; Shea & Gould; Whitman & Ransom; and Ross & Hardies.

Mr. Bainton’s 30 years of practice is fairly described as widely diverse and successful. While many lawyers can claim to be Superman, Mr. Bainton can truthfully claim that he has represented SUPERMAN® in his time of need.

Mr. Bainton has worked for many years in many different areas of law. Below is a list of a few of his representations in the different areas.

Intellectual Property:

For many years, Mr. Bainton was responsible for the anti-counterfeiting/anti-piracy programs of a number of leading intellectual property owners, including Louis Vuitton S.A., Gucci and various subsidiaries of Warner Communications. Among his seminal work for intellectual property owners, he established: the right of intellectual property owners to ex parte injunctive relief; the right of intellectual property owners to recover damages for violations of injunctions as a matter of right and not judicial discretion; the right of a prospective trademark user to obtain declaratory relief regarding non-infringement prior to actual use of a mark in commerce; and the propriety of subjecting recidivist counterfeiters to criminal prosecution in the name of the United States of America by attorneys especially appointed’ by District Courts for that purpose.

Accounting Malpractice

Mr. Bainton has both represented and sued accounting firms for accounting malpractice. He represented Price Waterhouse in the National Telephone Litigation, which was the first occasion on which that firm favorably settled a claim asserted by the United States Securities and Exchange Commission.

Corporate Governance

Mr. Bainton has broad experience in both defending and suing directors and officers of public and private companies for breach of their fiduciary duties.

Products Liability

Mr. Bainton began his products liability practice defending The Firestone Tire & Rubber Company in connection with the Steel Radial 500 Tire Litigation, which was one of the first mass tort cases. He has represented Crown Equipment Corporation, a leading manufacturer of material handling equipment, for more than 30 years in the state and federal courts of the New York metropolitan area.

General Litigation

Over the years, Mr. Bainton has been engaged to prosecute or defend all sorts of lawsuits ranging from breach of contract actions to the only reported case involving the ‘temporary intervention’ of private property by the Nicaraguan Sandinista.

Mr. Bainton is currently or has been a member of The American Bar Association, The Association of the Bar of the City of New York, The Defense Research Institute, The Federal Bar Council, The International Trademark Association, and The Product Liability Advisory Council.

Mr. Bainton is now, and for many years has been, listed in Who’s Who In The World; Who’s Who In America; Who’s Who In The Law; and Who’s Who In Business and Finance. Mr. Bainton serves on the Judiciary Board of the International Star Class Yacht Racing Association and is a member of the New York Yacht Club, the Coral Reef Yacht Club, the Stamford Yacht Club and the Metropolitan Opera Club. Mr. Bainton also serves as a Volunteer Mediator for the United States District Court for the Southern District of New York.

Mr. Bainton received his J.D. degree from Rutgers University and his Bachelor’s degree from Kenyon College.