Wendy W. Smith

Top rated Bankruptcy attorney in Santa Clara, California

Binder & Malter, LLP
Wendy W. Smith
Binder & Malter, LLP

Practice Areas: Bankruptcy

Licensed in California since: 1988

Education: The University of Iowa College of Law

Selected to Super Lawyers: 2019 - 2023

Binder & Malter, LLP

2775 Park Avenue
Santa Clara, CA 95050 Visit website


Attorney Wendy W. Smith is a partner with the Binder & Malter LLP law firm in Santa Clara, California. A preeminent attorney with more than 25 years of legal experience, Ms. Smith represents the rights and interests of a diverse range of clients throughout Silicon Valley and the rest of the state who have legal needs involving any of the following:

  • Business bankruptcy, restructuring and insolvency consulting
  • Business and real estate law and transactions
  • Commercial litigation
  • Debtor and creditors' rights
  • Intellectual property licensing and joint venture agreements
  • Mediation
  • Appeals

Over the course of her career, Ms. Smith has handled a wide range of legal matters, including representing a major internet search company with its bankruptcy cases in jurisdictions across the country. In addition, she has successfully negotiated intellectual property acquisitions, defended insolvent employers against class actions brought by their employees and facilitated numerous commercial real estate transactions, including defending claims of fraudulent conveyance in a multiparty claim. She has also successfully handled numerous appeals, including the right for a client to pursue relief regarding environmental contamination.

Widely regarded as a leader in her field, Ms. Smith has numerous publications to her credit, and she has conducted lectures and seminars across her region on a variety of legal topics. She is also highly active in her legal community as evidenced by her membership with the Santa Clara County Bar Association, the Bay Area Bankruptcy Forum and the American Bankruptcy Institute. Ms. Smith is also a member of the executive committee of the Congressman Don Edwards American Inns of Court.

Along with maintaining a successful legal practice, Ms. Smith serves as a resolution advocate for the Bankruptcy Dispute Resolution Panel of the United States Bankruptcy Court for the Northern District of California and as an arbitrator and mediator for the Santa Clara County Superior Court.

A 1981 graduate of Northwestern University, Ms. Smith obtained her Juris Doctor from The University of Iowa College of Law in 1987. She is admitted to practice before the U.S. District Courts for the Northern, Eastern and Central Districts of California as well as the U.S. Court of Appeals for the 9th Circuit.

Recognized for her impeccable professionalism and service, she holds an AV Preeminent peer review rating* from Martindale-Hubbell, and she has earned many other awards and honors from her peers as well as many positive reviews from her satisfied clients.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice areas

Bankruptcy: Business
  • 100% Bankruptcy: Business

First Admitted: 1988, California

Professional Webpage: https://www.bindermalter.com/wendy-w-smith.html

Scholarly Lectures/Writings:
  • “Impact of Revised Article 9 of the Uniform Commercial Code,” presentation at Pillsbury Winthrop, July 26, 2001
  • California Northern District clarifies scope of the "trust fund tax" priority and exception to bankruptcy discharge in Cote v. Employment Development Department California Lawyers Association - Business Law Section case update, March 27, 2018.
  • “Creditors Rights and Protection of Security Interests in Bankruptcy,” presentation, Sterling Education Services, April 12, 2002.
  • “The Chapter 11 from Hell,” presentation regarding the ethics of Chapter 11 bankruptcy, Don Edwards Inn of Court, June 15, 2005.
  • "Carnival Rides" - a point-counterpoint discussion of judgment collection and defense.  Presentation, Rossdale CLE, June 1, 2016.
  • "Discovery Drama - Limits of Rule 26 in Bankruptcy Litigation." Presentation, Congressmen Don Edwards Inn of Court, November 3, 2016.
  • Concerns in a Changing Economy – Protecting Your Confidential Information when the Other Party Files Bankruptcy, Pillsbury Winthrop website “Bulletin”, December 2001.
  • Agreements in a Changing Economy – Bankruptcy and Cross-Licensing Intellectual Property, Co-Author. PLI Intellectual Property Seminar, November 2001.
  • Profanity's Role in the Language of Lawyers The Daily Journal, May 4, 2012.
Bar/Professional Activity:
  • Member, Bay Area Bankruptcy Forum
  • Member, American Bankruptcy Institute
  • Member, Santa Clara County Bar Association
  • Executive Committee, Congressman Don Edwards American Inns of Court
  • Resolution Advocate, Bankruptcy Dispute Resolution Panel Northern District of California
  • Arbitrator and Mediator, Santa Clara County Superior Court
  • Ninth Circuit Court Of Appeals
  • State Bar Of California
  • USDC: Central District Of California
  • USDC: Eastern District Of California
  • USDC: Northern District Of California
  • AV® Preeminent 5.0 out of 5 rating by Martindale-Hubbell
Educational Background:
  • Northwestern University, B.A., 1981

Office location for Wendy W. Smith

2775 Park Avenue
Santa Clara, CA 95050

Phone: 408-295-1700


5 Years Super Lawyers
  • Super Lawyers: 2019 - 2023

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