TODD G. SMITH. T F

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1 TODD G. SMITH T F tsmith@gklaw.com Madison One East Main Street Suite 500 Madison, WI Admissions Wisconsin Education Juris Doctor, University of Wisconsin Law School, 1996, cum laude Bachelor of Arts, University of Wisconsin-Madison, Political Science Since joining the firm, Todd has helped clients resolve their most difficult commercial disputes, including those involving employee benefits and insurance coverage. Todd has represented parties in complex commercial litigation throughout the state and is a past president of the Western District of Wisconsin Bar Association, an association of lawyers practicing in the fastmoving federal district court in Madison. Todd is the leader of the firm's ERISA Litigation Team. In addition, Todd's practice has emphasized representing clients in ERISA litigation and other disputes involving benefits provided pursuant to self-funded arrangements, including welfare and retirement benefits plans subject to regulation under the Employee Retirement Income Security Act of 1974 (ERISA). Whenever possible, Todd proactively works with clients to identify and avoid risk in complex ERISA matters through training that is tailored to meet the particular needs of a company. When litigation does arise, Todd s significant experience in this area has helped him to successfully defend ERISA plans against suits seeking benefits as well as claims alleging breach of fiduciary duties. Todd also represents insurance companies in ERISA litigation seeking life, health and disability benefits under insurance policies. Todd also helps his clients out of court, advising plan sponsors and benefits committees on recent ERISA developments. Todd also represents Wisconsin insurers in litigation, with a focus on complex coverage matters, including claims involving intellectual property, construction defects and environmental contamination. Todd also represents insurance companies in cases alleging bad faith or improper industry- or company-wide claims handling practices. Todd has helped clients revise their policy language and claims procedures and has testified before the Wisconsin legislature on proposed legislation affecting the insurance industry. In addition to his trial court practice, Todd routinely represents clients in state and federal appellate courts. A leader in the Wisconsin appellate bar, Todd is a former chair of the Appellate Practice Section of the State Bar of Wisconsin.

2 Todd has argued cases before the Wisconsin Supreme Court, Wisconsin Court of Appeals and Seventh Circuit Court of Appeals on a wide variety of cases, including insurance claims, ERISA appeals, employment disputes, copyright disputes, civil rights claims, family law disputes and criminal appeals. Before beginning practice, Todd served a one-year judicial clerkship with the Wisconsin Court of Appeals. Todd is a cum laude graduate of the University of Wisconsin Law School, and received his undergraduate degree in Political Science from the University of Wisconsin-Madison. He has worked as a legislative aide in the United States Senate and Wisconsin State Senate. He is an active member of the Defense Research Institute as well as Wisconsin Defense Counsel. Representative Experience Old Republic Ins. Co. v. Liberty Mutual Fire Ins. Co., 2015 WL (E.D. Wis. J. Randa) (obtained summary judgment ruling that client insurer was not obligated to pay settlement costs incurred by other carrier due to lack of notice). Smith v. Medical Benefit Administrators Group, Inc., Eastern District of Wisconsin Case No. 09-C-538 (J. Randa) (obtained dismissal of monetary claims in purported ERISA class action against TPA, alleging improper claims handling practices, dismissal affirmed on appeal) McCarter v. Retirement Plan for the District Managers of the American Family Ins. Group, 2008 US App LEXIS (lead counsel for retirement benefit plans in ERISA class action lawsuit challenging lump sum provision of plans; won summary judgment dismissing suit and recovering attorney fees from plaintiffs and their counsel). LG Electronics, Inc. v. Quanta Computer, Inc., et al.,western District of Wisconsin Case No. 07-C-361 (J. Crabb) (local counsel in patent infringement suit involving optical storage technology) Contacts Synchronization Corp. v. Sprint Nextel Corp., et al., Western District of Wisconsin Case No. 07-C-250 (J. Crabb) (local counsel in patent infringement suit involving computer and mobile technology software) Ricoh, Ltd. v. Asustek Computer, Inc., et al., Western District of Wisconsin Case Co. 06-C-462-C (J. Crabb) (local counsel in patent infringement case involving optical computer disk technology, secured order dismissing certain clients on personal jurisdiction grounds) Cisco Systems, Inc. et al. v. Forgent Networks, Western District of Wisconsin Case Co. 07-C-85-S (J. Shabaz) (local counsel in patent infringement case involving data compilation software) Computer Docking Station Corp. v. Dell, Inc., et al.,western District of Wisconsin Case No. 06-C-32 (J. Crabb) (local counsel in patent infringement case involving computer hardware technology) Johnson Outdoors v. USF&G et al., Eastern District of Wisconsin Case No. 05-C-264 (J. Clevert) (successfully resolved bad faith claim against insurance

3 carrier denying coverage for personal injury claim based on lack of notice) Olday v. Barneveld School Dist., Dane Co. Case No. 02-CV-2591 (secured summary judgment of no coverage for sexual misconduct claim) Rodriguez v. Wineski, Western District of Wisconsin Case No. 05-C-59-S (secured summary judgment for defendants in sexual misconduct claim) Wistrom v. Employers Ins. Co. of Wausau, Marathon Co. Case No. 98-CV- 462 (successfully established that bad faith claims against carriers in workers compensation proceedings are barred by exclusive remedy statute) Haupt, et al. v. McFarlane Incentive Savings and Profit Sharing Plan, et al., Western District of Wisconsin Case No. 03-C-100 (J. Shabaz) (successfully defended ERISA plan in benefits and breach of fiduciary duty litigation) Gaiman v. Todd McFarlane Productions, Inc., Western District of Wisconsin Case No. 02-C-48 (J. Shabaz) (Copyright and contract litigation involving rights in comic book works) Summerlin v. Georgia-Pacific Life, Health & Accident Plan, 366 F. Supp. 2d 1203 (M.D. Ga. 2005) (represented both a plan and a TPA in a case establishing that ERISA pre-empted Georgia's anti-subrogation statute) Kontowicz v. American Standard Ins. Co., 2006 WI 90 (interpreting statutes relating to imposition of interest on unpaid insurance claims) (amicus curiae counsel for Wisconsin Insurance Alliance and Civil Trial Counsel of Wisconsin) Westhaven Associates, Ltd. v. C.C. of Madison, Inc., 2002 WI App 230 (establishing standards for liquidated damages clauses in commercial leases) Fernandez v. Strand, 63 F.Supp.2d 949 (E.D. Wis. 1999) (J.Adelman) (establishing principle in federal court that Wisconsin insurers need not provide defense counsel to insured when complaint fails to allege covered conduct) Court Admissions United States Court of Appeals, Federal Circuit United States Court of Appeals, Seventh Circuit United States Court of Appeals, Tenth Circuit United States District Court, Central District of Illinois United States District Court, District of Colorado United States District Court, Eastern District of Wisconsin United States District Court, Western District of Wisconsin Professional Associations Dane County Bar Association Defense Research Institute (DRI)

4 Self-Insurance Institute of America State Bar of Wisconsin Wisconsin Defense Counsel Activities Middleton Cross Plains Area School District Board of Education - Member City of Madison, Broadband and Telecommunications Regulatory Board - Former Chair Defense Research Institute (DRI) Membership Committee Member, Law in Transition Committee Member, Former Wisconsin SLDO Representative James E. Doyle American Inns of Court - Former Officer Middleton Outreach Ministry President, Board of Directors State Bar of Wisconsin Past Chair, Appellate Practice Section Tort and Insurance Practice Section of the American Bar Association University of Wisconsin Badger Basketball Booster Club Former Board Member Western District of Wisconsin Bar Association Past President Wisconsin Defense Counsel Past Board Member Wisconsin Supreme Court Office of Lawyer Regulation former Special Investigator West Middleton Lutheran Church Council Member Honors Listed in Best Lawyers (Commercial Litigation, present) News & Publications The Law of Life Insurance: Key Issues in Each State April 04, 2017 Supreme Court Rejects "Presumption of Prudence" in Employer Stock Drop Cases July 10, 2014 James A. Friedman, Bryan J. Cahill, Todd G. Smith and Kendall W. Harrison featured as counsel in "7th Circ. Won't Revive Chiropractic Copay Dispute" (Law360) July 26, 2013 New SCOTUS Precedent Holds That Equitable Principles Cannot Override Clear Plan Terms in Cases Brought Under 502(a)(3) May 02, 2013

5 Todd Smith featured for getting a hole-in-one at the 16th Annual Catholic Charities Golf Tournament in "Announcing Hole-in-One" (Wisconsin State Journal) June 27, 2012 Todd Smith and Katherine Stadler listed as committee members in "Appellate Practice Section Produces Checklist to Help Make Brief Writing Easier" (InsideTrack) June 02, 2012 Message From the Chair -- Open Conferences, Judicial Recusal, and Our Supreme Court, I'm Watching, Are You? February 01, 2012 Todd G. Smith featured as counsel in "Gaiman, McFarlane Close The (Comic) Book On 'Spawn' Row" (Law360) January 30, 2012 Message From the Chair -- Repairing Supreme Court's Image and Defending Appellate Certification Requirements November 01, 2011 Todd Smith featured for chair appointment for the Appellate Practice Section of the State Bar of Wisconsin in "Personnel File" (BizTimes) July 22, 2011 Todd G. Smith named chair of the Appellate Practice Section of the State Bar of Wisconsin (Wisbusiness.com) July 12, 2011 Message from the Chair -- Interesting Times for Our Appellate Courts July 01, 2011 CIGNA Corp. v. Amara: New ERISA Litigation Authority from the U.S. Supreme Court May 20, 2011 Co-authored the chapter "Understanding Traditional and Non-Traditional Bad Faith Claims" of the book "Inside the Minds: Extracontractual Claims Against Insurers December 01, 2009 Todd Smith was quoted in "The Hard Questions" (Corporate Report) November 08, 2009 Wisconsin Supreme Court Issues Decision in Plastics Engineering Co. v. Liberty Mutual Ins. Co. January 30, 2009 Ninth Circuit Approves Municipal Ordinance Mandating Employer Health Care Expenditures October 03, 2008 Seventh Circuit Provides New Tool for Providers in ERISA Litigation

6 August 01, 2008 Recent Hurricanes will Spawn Diverse Disputes over Insurance Coverage October 11, 2005 The Next Toxic Tort? Claims Based on Arsenic and CCA-Treated Lumber Are Increasing June 01, 2003 Reigning In Runaway Punitive Damage Awards: The U.S. Supreme Court Limits Size of Permissible Awards April 09, 2003 Presentations We've Got You Covered - Insurance Coverage in Wisconsin May 24, 2018 Autonomous vehicles: legal challenges and opportunities May 03, 2018 Monthly Autonomous Vehicle Forum - March 2018 March 20, 2018 Effective Use of Coverage Position Letters July 25, 2016 Fiduciary Liability for Related Companies October 26, 2015 Introduction to ERISA's Remedial Scheme: A Primer on ERISA Claims, Important Subrogation Principles and the Scope of Available Relief May 16, 2013 Wisconsin Defense Counsel - E-Discovery: Preservation, Collection and Proportionality December 07, 2012 State Bar of Wisconsin Litigation, Dispute Resolution, and Appellate Practice Institute June 11, 2012 Current Issues in Fiduciary Liability June 01, 2012 Dealing with ERISA Subrogation: ERISA Litigation Defenses and Strategies August 04, 2011 CIGNA Corp. v. Amara and ERISA's Remedial Scheme June 16, 2011 Selected Ethical Issues for the Corporate Practitioner December 01, 2008 Defending Class Action Lawsuits: Addressing Key Issues and Mapping Out a Plan for Success April 17, 2008

7 Insurance Coverage for the Copyright Infringement Claim April 08, 2005 Blog Posts Considerations for drafting effective contractual risk transfer provisions August 15, 2018 Second Circuit finds commercial crime coverage for $4.8M spoofing loss July 31, 2018 Seventh Circuit affirms denial of pension benefit to daughter of participant who died three days into retirement June 25, 2018 Insurance industry addresses potential changes to state laws to prepare for arrival of autonomous vehicles June 14, 2018 Insurtech: Insurers driving innovation through investment February 23, 2018 ERISA preemption update - Seventh Circuit holds that ERISA does not preempt Illinois slayer statute January 30, 2018 Wisconsin Court of Appeals grapples with the problem posed by multiple claimants and inadequate limits January 17, 2018 Hole-in-one windfall creates insurance coverage headache January 02, 2018 Out-of-network claims present ERISA challenges for providers and payers alike December 07, 2017 Implications of autonomous vehicles on tort and insurance law November 16, 2017 Seventh Circuit confirms that ERISA does not provide remedy for terminated former plan administrator October 11, 2017 Seventh Circuit holds forum-selection clauses are enforceable within employee benefit plans August 21, 2017 Wisconsin Supreme Court clarifies remedy for breach of the duty to defend August 02, 2017 Effective insurance coverage position letters: A well drafted CPL can assist carrier and policyholder alike July 05, 2017 American Law Institute delays action on liability insurance restatement May 31, 2017

8 Wisconsin Supreme Court confirms that interpretation of policy language is ordinarily an issue of law for the court March 29, 2017 Focusing on process is the best defense against ERISA fiduciary duty lawsuits March 07, 2017 Wisconsin Court of Appeals considers insurance coverage for allegations of failure to render aid March 01, 2017 Seventh Circuit finds coverage for West Virginia s nuisance suit against pill distributor February 21, 2017 Seventh Circuit decision holds that ERISA does not authorize contribution suits brought by plans against other payers February 16, 2017 Policy endorsement that is silent regarding stacking of UIM coverage nonetheless supersedes prior endorsement permitting stacking January 23, 2017 Minnesota Supreme Court allows jury to consider use of labor cost depreciation in determining actual cash value of a loss. Will Wisconsin Follow Suit? January 10, 2017 Allegations in class action complaint trigger insurance policy s TCPA exclusion January 04, 2017