Overview
Darrell A. Fruth combines his engineering background with over two decades of legal experience across a range of technologies to help innovative companies achieve their business goals. As the leader of Smith Anderson’s Technology and Software Transactions group, he delivers strategic legal counsel tailored to the unique needs of companies developing and commercializing cutting-edge technologies, with a particular emphasis on software and the artificial intelligence, life sciences and cleantech sectors.
Darrell’s experience ranges from negotiating initial research and development agreements to structuring commercialization and licensing deals that result in successful product launches and generate millions in licensing revenue. Darrell leads Smith Anderson’s AI task force on the ethical and effective use of AI, demonstrating his knowledge and leadership in this rapidly evolving field. He has been invited to speak on the subject to multiple clients and at North Carolina Bar Association events, underscoring his reputation as a thought leader in the responsible implementation of AI technologies.
Outside of work, Darrell is an avid mountain biker and skier, always exploring new challenging trails and slopes. He also has a passion for photography, capturing everything from waterfalls to bridal showers. Whether navigating a rugged trail, skiing out West or behind the lens of his camera, Darrell brings the same sense of focus and precision that defines his legal practice. He welcomes the opportunity to discuss how he and his team can support your organization’s legal needs.
Areas of Focus
Credentials
Recognition
- Business North Carolina Legal Elite, Intellectual Property (2017-2018, 2024-2025)
- The Best Lawyers in America®
- Trademark Law (2018-2025)
- Litigation - Intellectual Property (2020-2025)
- Trade Secrets Law (2020-2025)
- Best Lawyers® 2021 and 2023 Trademark Law "Lawyer of the Year" in Raleigh
- Super Lawyers
- North Carolina Super Lawyers (2025)
- North Carolina Super Lawyers Rising Star (2012)
- University of California Regents Fellow
- President, Chi Epsilon Honor Society, MIT
Pro Bono:
As an associate in San Francisco, Darrell argued a successful pro bono civil rights case to the federal court of appeals for the Ninth Circuit. The resulting opinion has been cited in decisions by judges more than 2,500 times.
Clerkships
- Law Clerk to the Honorable Howard D. McKibben, U.S. District Court for Nevada
Education
- Yale Law School, J.D., 2000
- University of California at Berkeley, M.S., Environmental Engineering, 1995
- Massachusetts Institute of Technology, B.S., Environmental Engineering Science, 1994
Bar & Court Admissions
- North Carolina
Affiliations
- Board of Advisors, NC TECH (North Carolina Technology Association) (2023-present)
- Patent attorney registered with the United States Patent and Trademark Office
- Former Chair, Intellectual Property Section of the North Carolina Bar Association (2016-2017)
- Former Board Member, Bull City Forward, a non-profit advancing social entrepreneurship
- Former Board Member, Watts Hillandale Neighborhood Association
- Volunteer (coach, judge and school-wide coordinator) for elementary Odyssey of the Mind program
Teaching:
- Co-taught the Duke Law School Start-Up Ventures Clinic (2015-2017), supervising students on a broad range of transactional services to early-stage entrepreneurs
- Taught Environmental Law survey course at Elon Law School (2009-2011)
- Designed and taught undergraduate Philosophy course at the University of Nevada (2001)
Experience
Software
- Developed and implemented comprehensive contracting strategies for clients offering on-prem software and software-as-a-service solutions, including customer-facing form agreements, playbooks and advice for reducing friction and optimizing contract velocity to balance speed of closure with risk mitigation. Also supported clients receiving digital services by developing triaged procurement systems and strategies.
- Served as lead outside counsel on over one thousand software deals, ranging in size from several thousand dollars to several hundred million dollars in recognized revenue for clients. Counterparties included major video game distributors, platform providers, movie studios and other Fortune 500 companies, as well as companies located in Europe and Asia.
- Advised clients on issues related to open source and source-available distribution models, including developing policies for large organizations governing the use of such technology, as well as developing dual-licensing strategies for providers.
- Provided strategic advice and counsel on complex monetization strategies for technologies designed for the metaverse, including digital humans, user generated content, and tokens and related assets distributed in connection with blockchain technologies.
Artificial Intelligence
- Helped protect client intellectual property rights in artificial intelligence (AI) solutions deployed by a range of clients for drug discovery, medical imaging, supply chain optimization, real estate, fraud detection and other novel applications.
- Counseled clients in finance, human resource management, travel and other consumer-facing fields on the legal implications of using artificial intelligence to deliver services.
Life Sciences & AgTech
- Represented clients offering software solutions to the life science and ag-tech sectors, including software tools for managing decentralized clinical trials, laboratory instrument management systems, equipment automation technology and gene editing analysis.
- Advised clients on their acquisition and global distribution of FDA-approved drugs.
- Represented multiple medical device companies in developing and commercializing their technologies, including negotiation of clinical trial agreements, supply-chain agreements and distribution agreements.
- Counseled university spin-offs in out-licensing of core technology from universities, including a biotechnology company focused on discovery of traits for improving plant yields.
Cleantech
- Helped start-up company making zero-emission electricity from natural gas scale from demonstration to commercial scale, leading to a successful exit. Darrell’s work focused on preparation of complex supply agreements with strategic technology partners.
- Advised a global materials manufacturer on collaborations with industry partners to research and develop innovative rechargeable battery technologies.
- Represented a regional power company on an agreement for pilot testing clean energy technologies and served as a founding member of a regional cleantech innovation hub.
