Gare A. Smith

Partner - Washington, D.C.

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202.261.7370

202.467.9670

gsmith@foleyhoag.com Download vCard

Drawing on his extensive corporate and public policy experience, Gare Smith founded the firm’s Corporate Social Responsibility (CSR) and International Strategies practice to help clients adopt policies and practices to address the nexus of business and human rights. He advises corporations and nations on legal, political, and economic aspects of globalization and crisis management, including developing codes of conduct, compliance programs, and monitoring systems. He also provides guidance regarding the resolution of conflicts with governments, the media, unions, communities, and non-governmental organizations. In 2017 and 2018, his practice was ranked Band 1 by Chambers and Partners.

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Education:

  • University of Michigan Law School, J.D., 1983
  • Johns Hopkins University, B.A., general and departmental honors, 1979

Representative Experience

  • Advised multinational manufacturing companies and the People’s Republic of Bangladesh regarding worker rights, health, and safety issues following the collapse of the Rana Plaza factory building.
  • Mediated the resolution of a campaign by 93 environmental and human rights non-governmental organizations against the Baku-Tbilisi-Ceyhan Pipeline Project.
  • Provided counsel to the Fair Labor Association regarding global implementation of the organization’s Workplace Code of Conduct.
  • Conduct supply chain monitoring to ascertain the existence of modern slavery, and provide counsel regarding the elimination of practices that foster forced labor.
  • Serve as the Secretariat for the multi-stakeholder initiative the Voluntary Principles on Security and Human Rights, which promotes respect for human rights in the extractive sector.
  • Serve as Legal Counsel to the Nuclear Power Plant and Reactor Exporters’ Principles of Conduct, an industry code that establishes norms of behavior for the exportation of nuclear power plants and best practices in the areas of safety, security, environmental protection, nonproliferation, compensation, and business ethics.
  • Serve as Auditor for companies participating in the Global Network Initiative, a multi-stakeholder strategic effort to protect freedom of expression and privacy in the information and communications technology sector.
  • Conducted the seminal Human Rights Impact Assessment for the extractive sector.
  • Facilitated the establishment of the first ethical Code of Conduct for the private equity sector.

Other Professional Experience

  • Bates International Fellow, U.S. State Department, service in Bangladesh, India and Nepal focusing on waterways and international riparian rights
  • Judicial clerk to the Honorable Kenneth K. Hall, U.S. Court of Appeals, Fourth Circuit
  • GOOD PRACTICE FOR MANAGING THE SOCIAL IMPACTS OF OIL PIPELINES IN THE UNITED STATES (published by Foley Hoag, LLP) (2017)
  • Making Corporate Social Responsibility Systemic, EXECUTIVE COUNSEL (2011)
  • IMPLEMENTING A CORPORATE FREE, PRIOR, AND INFORMED CONSENT POLICY: BENEFITS AND CHALLENGES (published by Foley Hoag, LLP) (2010)
  • COMMUNITY RELATIONSHIPS REVIEW: GLOBAL SUMMARY REPORT FOR NEWMONT MINING (published by Foley Hoag, LLP) (2009)
  • An Introduction to Corporate Social Responsibility in the Extractive Industries, VOL.11, YALE HUMAN RIGHTS & DEVELOPMENT L.J. (2008)
  • IMPLEMENTATION MECHANISMS FOR CODES OF CONDUCT (published by the World Bank and the International Finance Corporation) (2004)
  • MONITORING INTERNATIONAL LABOR STANDARDS: TECHNIQUES AND SOURCES OF INFORMATION (published by The National Academies Press) (2004)
  • The BTC Pipeline Case Study: Following Through on Global Compact Commitments, EMBEDDING HUMAN RIGHTS IN BUSINESS PRACTICES (published by the U.N. Global Compact) (2004)
  • COMPANY CODES OF CONDUCT AND INTERNATIONAL STANDARDS: AN ANALYTICAL COMPARISON, VOLUMES I AND II (published by the World Bank and the International Finance Corporation) (Vol. I, 2003; Vol. II, 2004)

Media Coverage

Foley Hoag Alerts & Updates

Honors

  • U.S. State Department’s Superior Honor Award
  • Editor-in-Chief, THE UNIVERSITY OF MICHIGAN JOURNAL OF LAW REFORM
  • Phi Beta Kappa

Involvement

  • Commissioner: Azerbaijan Social Review Commission, BTC Pipeline 
  • Board of Business Advisors, Lawyers for Better Business 
  • Corporate Social Responsibility Advisory Board, Barrick Gold Corporation 
  • Trustee, The Institute for Asian Democracy

Keynote Speeches

  • “Security and Human Rights in Post-Conflict Society,” Colombian Mining and Energy Committee, Bogota, Colombia, April 19, 2016
  • “Self-Determination in the 21st Century,” the Sahrawi Arab Democratic Republic, March 25, 2015
  • “Global Implementation of the Voluntary Principles on Security and Human Rights,” U.N. Forum on Business and Human Rights, Geneva, Switzerland, December 4, 2014
  • "Corporate Social Responsibility Challenges for the General Counsel," Corporate Counsel Institute, September 25, 2008
  • "Risks, Roles, and Responsibilities: Corporate Social Responsibility in the Extractive Sector," Yale Law School, March 8, 2008
  • “Energy Projects in Conflict Zones: Human Rights Issues and Responsibilities,” The International Bar Association, Calgary, Canada, September 19, 2004
  • “Implementing Global Compact Commitments,” U.N. Global Compact Forum, Belo Horizonte, Brazil, December 11, 2003
  • “Human Rights and Responsibilities in the 21st Century: A Corporate Perspective,” The John F. Kennedy School of Government, Harvard University, November 21, 2000
  • “Corporate Codes of Conduct and the Promotion of Labor Rights in Cuba,” The National Policy Association, Mexico City, Mexico, June 16, 2000
  • “Globalization with a Human Face: New Groundrules for a New Era,” World Affairs Council/United Nations Association – USA, October 12, 1999
  • “Human Rights and Democracy in Europe on the Eve of the 50th Anniversary of the Universal Declaration on Human Rights,” The Women’s National Democratic Club, December 3, 1998
  • “The Intersection of Business Interests and Human Rights,” Columbia University, School of International and Public Affairs, October 16, 1997
  • “The Clinton Administration’s Labor Legacy,” The Council on Foreign Relations, December 11, 1997
  • “Diplomatic Design or Puzzle Palace: The Making and Execution of U.S. Foreign Policy,” U.S. Naval War College, December 19, 1996
  • “The U.N. Draft Declaration on the Rights of Indigenous Peoples: U.S. and Tribal Government Perspectives,” Harvard University, May 18, 1996
  • “Civil-Military Relations and the Promotion of Democratic Standards in an Interdependent World,” United States Southern Command, February 6, 1996

International Conferences and Conventions

  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in Washington (2018)
  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in Ottawa (2017) 
  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in Bogota (2016)
  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in London (2015)
  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in Montreux (2014)
  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in The Hague (2013)
  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in Ottawa (2012)
  • Secretariat, Voluntary Principles on Security and Human Rights, Plenary Conference in Washington (2011) 
  • Corporate Representative, U.S.-E.U. Command, Hydrocarbon Security Planning Conference (2003)
  • U.S. Corporate Representative, Asian Pacific Economic Council, Human Resources Ministerial (1999)
  • Co-Head, U.S. Delegation, 83rd, 84th, 85th, 86th Conferences, U.N. International Labor Organization (1995-1998)
  • Co-Chair, U.S.-E.U. Symposium on Codes of Conduct and International Labor Standards (1998)
  • U.S. Delegate, Organization for Security and Cooperation in Europe, Conference on Human Rights (1998)
  • Chair, Task Force on Business and Labor, G-8 Denver Democracy Initiative (1997)
  • U.S. Delegate, Fourth Ministerial Council Session, North American Agreement on Labor Cooperation(1997)
  • Co-Head, U.S. Delegation, 53rd Session of the U.N. Human Rights Commission (1997)
  • U.S. Delegate, 52nd, 54th Sessions of the U.N. Human Rights Commission (1996, 1998)
  • Head, U.S. Delegation, U.N. Working Group on the Declaration on the Rights of Indigenous Peoples (1996-1997)
  • U.S. Delegate, United Nations General Assembly (1996)
  • U.S. Observer, Council of Europe, Steering Committee for Human Rights (1996)
  • U.S. Delegate, U.S.-Mexico Binational Commission Labor Working Group (1995)
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Bar Admissions

  • Maryland
  • District of Columbia

Court Admissions

  • U.S. District Court for the District of Maryland
  • U.S. Court of Appeals Fourth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of International Trade