B. Aubrey Smith
Of Counsel
Prior to joining Winston, Aubrey was an associate with a public interest class action litigation firm and a federal law clerk. He now focuses his practice on employment matters, representing and counseling clients in non-compete litigations and a wide range of employment issues.
Aubrey focuses his practice on labor and employment litigation and counseling. He provides extensive counseling services to professional services firms and financial clients regarding a wide-range of employment issues, including responding to claims for benefits under ERISA, addressing challenges to non-compete restrictions and other restrictive covenant issues, negotiating separation agreements, and advising on federal, state, and local compliance issues. He has experience representing clients in ERISA litigations, class and collective actions as well as in individual claims involving wrongful termination, harassment, discrimination, retaliation, and wage and hour violations. His ERISA litigation experience includes representing clients in claims under ERISA Section 502 for denial of benefits and breach of fiduciary duties as well as claims under Section 510 for interference with vesting rights. His class and collective action experience includes representing clients in class-wide resolution of wage and hour claims as well as in employment discrimination cases.
Prior to joining Winston, Aubrey was an associate with Sanford Heisler LLP, a national public interest class action litigation firm, and clerked for Hon. Robert G. James, Chief Judge for the U.S. District Court, Western District of Louisiana. Aubrey also was an honors attorney with the U.S. Department of Transportation (DOT), where he successfully represented the DOT in multiple employment discrimination cases before the U.S. Equal Employment Opportunity Commission, Office of Federal Operations.
Recent Experience
Aubrey was included in the 2023 edition of the Best Lawyers: Ones to Watch in America™ in the areas of Labor and Employment Law- Management and Litigation- Labor and Employment.
Aubrey is a member of the Duke Law Alumni Association Board of Directors and the Labor & Employment Law Section of the New York State Bar Association.
Credentials
Education
Aubrey received his J.D. from Duke University School of Law in 2011, where he was editor-in-chief of the Duke Forum Law & Social Change and a staff editor for the Duke Journal of Constitutional Law & Public Policy. He received his B.A., summa cum laude, from the University of Georgia in 2008.
Admissions
- District of Columbia
- New York
Clerkships
- USDC - Western District of LA for the Honorable Chief Judge Robert G. James
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