Profile

Peyton N. Smith is a shareholder in Winstead's Labor, Employment & Immigration and Tort & Insurance Litigation practices. He served as the firm-wide lateral hiring shareholder for Winstead's eight offices from 2010-2012. Peyton has been repeatedly recognized by local business leaders as one of the select Austin "Lawyers to Watch" in the Austin Business Journal. He has more than 22 years of experience representing clients in employment law and civil litigation. Peyton has extensive employment, healthcare and personal injury litigation experience and has appeared in a variety of state and federal courts, both in Texas, Arkansas and Louisiana. He is admitted to practice before the United States District Courts for the Southern, Northern, Western and Eastern Districts of Texas, as well as the Fifth Circuit Court of Appeals.

Peyton has handled lawsuits in a number of substantive areas including nonsubscription, wrongful discharge, sexual harassment, discrimination, violation of covenants not to compete, healthcare, wrongful death, the Deceptive Trade Practice and Consumer Protection Act, employment and general business litigation. Considered by many of his clients to be their outside general counsel, he advises numerous companies on employment matters, drafting policies and procedures, ERISA plans and other employment-related documentation, as well as handling claims and guiding clients on employment, litigation and business issues.

Representative Experience

• Represents small and large employers, and both union and nonunion employers in major national retail, technology, manufacturing, telecommunications, healthcare and restaurant industries
• Possesses extensive experience in representing management in all types of labor and employment-related disputes, including nonsubscriber lawsuits, claims involving Title VII and related federal and state civil rights statutes
• Experienced in drafting employment contracts, noncompetition and confidentiality agreements and other employment-related contracts, as well as policies and procedures
• Represents employers in the investigation of charges and in the litigation of claims involving alleged violations of state and federal laws which prohibit discrimination on the basis of age, race, sex, national origin, workers' compensation claims, ERISA benefits claims, religion, disability, sexual orientation and veteran status