Brooke Smith

Partner
Office: Indianapolis
bsmith@kdlegal.com
p: 317-238-6218
f: 317-636-1507

Brooke Smith is a seasoned litigator with extensive experience representing individuals, closely held companies, and complex organizations in high stakes disputes in state and federal courts. Her practice spans business torts, commercial litigation, civil rights matters, and foreign discovery actions brought under 28 U.S.C. § 1782. She also routinely handles matters involving business torts, employment issues such as discrimination and restrictive covenants, wage and hour disputes, and a broad range of tort and insurance claims. Brooke has the knowledge and skillset to litigate a matter through settlement or final judgment, with significant trial experience representing parties in numerous jury and bench trials in Indiana and federal courts.
In addition to her trial level work, Brooke maintains a robust appellate practice, having represented clients in more than fifty appeals before the Indiana Court of Appeals, Indiana Supreme Court, and Seventh Circuit. Her experience across interconnected legal areas enables her to guide clients through complex, multifaceted disputes with clarity and strategic focus.

Experience

Representative Experience

Reached multi-million dollar outcomes for clients at both mediation and final judgment
Served as counsel in more than fifty federal district court matters, including breach of contract disputes, federal civil rights litigation, and foreign discovery actions under 28 U.S.C. § 1782.
Represented clients in numerous jury and bench trials in Indiana state and federal courts.
Achieved a seven figure settlement in mediation before a federal magistrate judge.

Professional Associations

Indiana State Bar Association
Indianapolis Bar Association
American Bar Association

Community Involvement

Co-Founder, Classrooms to Courtrooms, Inc. – a 501(c)(3) dedicated to supporting high school students
Member, Women's Fund of Central Indiana
- OPTIONS 18 Participant
- The Sage Society

Awards & Recognitions

The Best Lawyers in America® 2024-2025
- Commercial Litigation, 2025
- Litigation - Labor and Employment, 2024-2025
2024 Young Lawyer of the Year by Indianapolis Bar Association
Indianapolis Bar Leader Series Class XXI
Indianapolis University Robert H. McKinney School of Law, Norman Lefstein Award of Excellence

Credentials

Education

J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2014
B.A., Indiana University Purdue University, Indianapolis, Indiana, 2011

Bar & Court Admissions

Indiana, 2015
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
United States Court of Appeals for the Seventh Circuit
U.S. District Court for the Northern District of Illinois

Practices & Industries

Practices

Beyond the Office

Reading

Crafting

Insights

Firm News and Events

The Illinois Secretary of State Office Offers Corporate Franchise Tax Penalty and Interest Amnesty until November 17, 2025

October 17, 2025

Firm News and Events

10 Krieg DeVault Attorneys Named to 2026 Best Lawyers in America® Listing; 2 Receive Best Lawyers Ones to Watch® in America Designation

August 21, 2025

Labor and Employment

Hold Your Filings: Preliminary Injunction Placed on Government Enforcement of CTA and Beneficial Ownership Information Reporting Requirements

December 4, 2024

Firm News and Events

Senior Associate Elizabeth M. Roberson Named Indiana State Bar Association Employment, Labor & Benefits Law Section Chair

November 26, 2024

Labor and Employment

Partner and Firm Executive Committee Member Brian M. Heaton Elected to Serve as President of the Board of Directors of the Association for Corporate Growth Indiana

May 23, 2024

Krieg DeVault Podcast Series

NLRB Memo Clarifies the Implications of McLaren Macomb and Whether Employers’ Severance Agreements Violate Employees’ NLRA Rights

June 1, 2023

Firm News and Events

Known By the Successful Company We Keep® - Krieg DeVault Issues Annual Ad Showcasing Transactions from Many of Our Valued and Successful Clients

January 30, 2023

Labor and Employment

Owners / GCs / Subs / Suppliers / Lessors – Check Your Contracts. Court of Appeals Decision Highlights Challenges when Dispute Resolution Process Varies

August 25, 2022

Business

Three Minute Update – Protecting Your Business: Confidentiality Agreements

August 23, 2022

Firm News and Events

13 Krieg DeVault Attorneys Recognized by 2023 Best Lawyers®; 7 Named to the 2023 Best Lawyers in America® Listing; 1 Receives “Lawyer of the Year” Designation; 6 Receive “Ones to Watch” Designation

August 18, 2022

Labor and Employment

Krieg DeVault Partners John B. Baxter and Robert A. Greising Named to Chambers USA 2022 List; Firm Named to Chambers USA 2022 List for Real Estate

June 22, 2022

Litigation

U.S. House of Representatives Reintroduces the MORE Act: Will 2021 be the Year Federal Cannabis Prohibition Finally Ends?

June 14, 2021

Labor and Employment

COVID-19 Vaccinations: Employer Incentives and Other New Guidance from the EEOC

June 3, 2021

Litigation

Want to Change a Joint Account? Put it in Writing!

May 26, 2021

Secured Lender

Indiana Supreme Court Curtails Attempted Expansion of Exceptions to General Rule Regarding Successor Liability in Corporate Transactions

May 7, 2021

Litigation

SEA 370 Signed Into Law, Effective Immediately

April 23, 2021

Secured Lender

Secure and Fair Enforcement (SAFE) Banking Act Passes U.S. House…Again

April 20, 2021

Business

Governor Holcomb Signs Legislation Modifying Indiana’s Zero Tolerance Per Se Driving Law for Marijuana or Marijuana Metabolite

April 20, 2021

Litigation

Supreme Court Confirms that to Violate the TCPA your Automatic Telephone System Must Use a Random or Sequential Generator

April 7, 2021

Labor and Employment

Indiana Supreme Court Affirms Freedom of Contract Principles in Closely Held Company Valuation Case: Choose Your Words Carefully

February 2, 2021

Business

Rock, Meet Hard Place: Reflections from 2020 on Compliance Risks Surrounding Workplace Diversity, Equity, and Inclusion Initiatives

December 18, 2020

Labor and Employment

Time to Tidy Up Remote Work Policies as Work from Home Arrangements Likely to Continue

December 18, 2020

Labor and Employment

How to Identify and Curb Employee Abuse of Emergency Paid Sick Leave and Expanded Family Medical Leave and Still Comply With the FFRCA

December 18, 2020

Labor and Employment

The [Economic] Reality for Employers: The Department of Labor's Proposed New Rule for Determining Independent Contractor Status

October 5, 2020

Labor and Employment

COVID-19 Safety Compliance Alert: Time to Re-Evaluate Current Plans as Indiana Enters Stage 5

September 28, 2020

Labor and Employment

What Employers Need to Know about the Revised FFCRA Regulations

September 18, 2020

Business

Businesses That File Indiana Sales and Withholding Taxes Must Transition Accounts to New Indiana Department of Revenue System Starting September 8, 2020

September 8, 2020

Labor and Employment

Employee Opioid Use, Addiction, and the ADA: EEOC Guidance Indicates Opioid Use and Addiction May Give Rise to ADA Rights

August 24, 2020

Business

Tax-Exempt Organizations Should be Prepared to File and Pay the Section 4960 Excise Tax on Executive Compensation by July 15, 2020

June 29, 2020

Business

Paycheck Protection Program: Aggregated Guidance for Loans and Forgiveness

June 24, 2020

Business

PPP Loan Forgiveness Applications Available

June 18, 2020

Labor and Employment

Recent Seventh Circuit Title VII Sex Discrimination Case Offers Reminders for Employers About the Need for Consistency in Employment Practices and Decisions

June 17, 2020

Labor and Employment

IRS Releases FAQs on Tax Treatment of Higher Education Emergency Relief Fund and Emergency Financial Aid Grants under CARES Act

May 10, 2020

Thought Leadership

UPDATED - Paycheck Protection Program: Confirm the Necessity or Return the Funds

May 5, 2020

Thought Leadership

Further Relief for Indiana Businesses During the Time of COVID-19: Remote Meetings and Suspending Five-Year Limit on Reinstatements

May 4, 2020

Thought Leadership

IRS Provides Updated Guidance Related to Recent COVID-19 Releases

May 3, 2020

Labor and Employment

Getting Back on Track: How Indiana Businesses can Create the Plan Required by Governor Holcomb's Executive Order 20-26 to Keep Employees and Patrons Safe by the May 11, 2020 Deadline

May 3, 2020

Thought Leadership

SBA Issues Additional Interim Guidance on Paycheck Protection Program Clarifying Treatment of Self-Employment and Partner Income

April 15, 2020

Thought Leadership

Insurance Coverage for COVID-19: Six Steps to Help Your Business Maximize Insurance Coverage That May Be Available to Offset COVID-19 Losses and Claims

March 29, 2020

Labor and Employment

Employment Law Bulletin - Department of Labor Continues to Provide Additional Information on Paid Leave Requirements Under the Families First Coronavirus Response Act

March 29, 2020

Thought Leadership

Employment Law Bulletin - Department of Labor Publishes Additional Information on Paid Leave Requirements Under the Families First Coronavirus Response Act

March 25, 2020

Thought Leadership

Indiana Blue Pencil Doctrine is More of a Blue Pen Doctrine as it Permits Courts to Strike through but not Erase Unenforceable Provisions in Restrictive Covenants

January 1, 2020

Labor and Employment

Corben A. Lee Joins Krieg DeVault's Business, Acquisitions, and Securities and Employee Benefits and Executive Compensation Practice Groups

January 27, 2019

Firm News and Events

Daniel Tychonievich Joins Krieg DeVault's Business, Acquisitions, and Securities Practice Group; will focus on Intellectual Property and Technology Matters

January 27, 2019

Firm News and Events

Representative Experience

Reached multi-million dollar outcomes for clients at both mediation and final judgment
Served as counsel in more than fifty federal district court matters, including breach of contract disputes, federal civil rights litigation, and foreign discovery actions under 28 U.S.C. § 1782.
Represented clients in numerous jury and bench trials in Indiana state and federal courts.
Achieved a seven figure settlement in mediation before a federal magistrate judge.

Professional Associations

Indiana State Bar Association
Indianapolis Bar Association
American Bar Association

Community Involvement

Co-Founder, Classrooms to Courtrooms, Inc. – a 501(c)(3) dedicated to supporting high school students
Member, Women's Fund of Central Indiana
- OPTIONS 18 Participant
- The Sage Society

Awards & Recognitions

The Best Lawyers in America® 2024-2025
- Commercial Litigation, 2025
- Litigation - Labor and Employment, 2024-2025
2024 Young Lawyer of the Year by Indianapolis Bar Association
Indianapolis Bar Leader Series Class XXI
Indianapolis University Robert H. McKinney School of Law, Norman Lefstein Award of Excellence

Education

J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2014
B.A., Indiana University Purdue University, Indianapolis, Indiana, 2011