David Smith is a partner in the Washington, D.C., office of Kilpatrick Townsend & Stockton, LLP. He has practiced law for over 30 years. During that time he has represented parties, including those working in the securities industry, in commercial litigation matters, including in major class actions around the country. He also has expertise in representing Tribes and individual Indians in matters involving trust mismanagement, treaty rights and protection of sacred sites. He serves as Class Counsel in the representation of approximately 500,000 Native Americans in Cobell v. Jewell, a class action against the United States arising out of the mismanagement of the individual Indian Trust. This resulted in a $3.4 billion settlement, the largest class action settlement against the federal government. He served as lead counsel in the case of Alabama v. PCI Gaming Authority, 801 F.3d 1278 (11th Cir. 2015), which successfully defended the Poarch Band of Creek Indians from efforts by the state to subject its tribal lands to state authority, and in July 2015, successfully obtained an order enjoining a tax assessor from assessing tribal lands. Poarch Band of Creek Indians v. Hildreth, 2015 WL 4469479 (S.D. Ala. July 22, 2015). He has been listed in The Best Lawyers in America® for Commercial Litigation for many years and is AV® rated by Martindale-Hubbell.*
Mr. Smith is also committed to providing pro bono services to those in need. He has represented parents in international child abduction cases, regularly provides services to the Children’s Law Centers in Washington, D.C., and North Carolina by serving as guardian ad litem for children involved in the court system, and represents indigent parties in civil litigation, often at the request of the federal district court. He received the award for "North Carolina Lawyer of the Year" from The Legal Aid Society of Northwest North Carolina for pro bono legal services provided to the community for the years 2001-2004. He also received the Kilpatrick Townsend Managing Partner’s Award for Pro Bono Legal Services for 2004 and 2015.
Mr. Smith has been recognized as a 2015 and 2016 Washington, D.C. “Super Lawyer” in the area of Securities Litigation by Super Lawyers magazine.
*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.
Professional & Community Activities
North Carolina Bar Association, Litigation Section, Member
Maryland Bar Association, Litigation Section, Member
Federal Bar Association, Capitol Hill Chapter, Section on Federal Indian Law, Member
American Bar Association, Section on Litigation Professional Responsibility, Member
Notre Dame Law School, Visiting Professor of the Practice (2013-Present)
Wake Forest University, Adjunct Professor of Law (2007-Present)
Washington and Lee University School of Law, Adjunct Professor of Law (2009-2010)
American Inns of Court, Barrister (1992-1995)
Legal Aid Society of Northwest North Carolina, Inc., Board of Directors (2005-2007)
Children's Law Center, Board of Directors (2006-2010)