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Alternative Dispute Resolution

Improper trading in mutual funds arbitration for trustees of a charitable and benevolent association
Served as lead counsel in an arbitration representing the trustees of a charitable and benevolent association against a national brokerage firm based  more
Investors in Florida against a national brokerage company
Served as lead counsel in representing investors against a national brokerage company and received a $1 million dollar award against the broker more

Antitrust & Trade Regulation

Represented computer graphics design company against assertion of antitrust violations
Successfully represented a computer graphics design company against a national mainframe computer supplier asserting antitrust violations. more
Defense of furniture manufacturer against antitrust violations *
Represented a furniture manufacturer against allegations of antitrust violations by a discount distributor. more

Appellate & Supreme Court

Case of individual and derivative action against limited partners
Successfully represented limited partners in an individual and derivative action alleging violation of securities laws in the marketing, sale and more

Catastrophic Injury

Military Claims Act award in excess of $10,000,000 *
Obtained an award in excess of approximately $10,000,000 under the Military Claims Act. more

Class Actions

Class action claims against debt buyer
Representing a debt buyer and its counsel in a class action filed against them alleging violations of the Fair Debt Collections Practices Act. We more
Class and individual actions for a currency derivatives broker
Successfully defended a currency derivatives broker in class and individual actions in Texas, New York, California and Washington more

Complex Business Litigation

Improper trading in mutual funds arbitration for trustees of a charitable and benevolent association
Served as lead counsel in an arbitration representing the trustees of a charitable and benevolent association against a national brokerage firm based  more
Defense of an investment adviser in various investment-related suits
Represented an investment adviser against a securities custodian and broker-dealer arising out of the theft of customer funds in an action alleging a  more Featured
Investors in Florida against a national brokerage company
Served as lead counsel in representing investors against a national brokerage company and received a $1 million dollar award against the broker more
Lands and assets class action suit for Native Americans
Served as co-counsel for plaintiff class of 500,000 Native Americans against the Department of Interior and Treasury Department arising out of the more Featured
Class and individual actions for a currency derivatives broker
Successfully defended a currency derivatives broker in class and individual actions in Texas, New York, California and Washington more
Breach of contract litigation regarding covenants not to compete for major wholesale distributor *
The firm served as lead counsel and successfully represented a major Winston Salem, NC wholesale distributor in litigation involving two breach of more
Arbitration defending investment advisor against allegations of unsuitable investments
Represented investment advisor in an arbitration action regarding an investor’s allegations of unsuitable investments. more
Business litigation for securities broker
Represented a securities broker in regulatory actions before the NASD (FINRA) and SEC alleging improper investments in variable annuities. more

Constitutional Litigation

Class action claims against debt buyer
Representing a debt buyer and its counsel in a class action filed against them alleging violations of the Fair Debt Collections Practices Act. We more

Construction & Infrastructure

Construction dispute for a leading tobacco company
Served as a lead counsel in the successful representation of a leading tobacco company in a multimillion dollar construction dispute with a more
Construction litigation for one of the largest Southeastern general building contractors
Successfully defended one of the oldest and largest general building contractors in the Southeast, in an action brought by a manufacturing company more
Negotiation of construction contracts for Hanesbrands Inc.
Represented Hanesbrands Inc. in negotiation of construction contracts in the Dominican Republic and El Salvador. more
Construction dispute for large western-based general contractor *
Represented a major general contractor in connection with claims arising out of the installation of the water and sanitary sewer utilities in a more
Litigation related to design and installation of mechanical systems and utilities *
Successfully represented a major mechanical and utility contractor arising out of claims of defective design and construction of mechanical and more
Construction management for major public university
Represented Winston-Salem State University Foundation in relation to the design, development and construction of a dormitory on the university campus. more

Construction litigation for a large general contractor in the Southeast

Represented one of the largest general contractors in the Southeast in an action against a governmental entity arising out of construction of a jail more
Litigation related to dam construction
Represented a major construction company arising out of allegations of defective construction of a dam for a public reservoir in the Southeast. more

Construction Litigation

Construction dispute for a leading tobacco company
Served as a lead counsel in the successful representation of a leading tobacco company in a multimillion dollar construction dispute with a more
Construction litigation for one of the largest Southeastern general building contractors
Successfully defended one of the oldest and largest general building contractors in the Southeast, in an action brought by a manufacturing company more
Negotiation of construction contracts for Hanesbrands Inc.
Represented Hanesbrands Inc. in negotiation of construction contracts in the Dominican Republic and El Salvador. more
Construction dispute for large western-based general contractor *
Represented a major general contractor in connection with claims arising out of the installation of the water and sanitary sewer utilities in a more
Litigation related to design and installation of mechanical systems and utilities *
Successfully represented a major mechanical and utility contractor arising out of claims of defective design and construction of mechanical and more

Construction litigation for a large general contractor in the Southeast

Represented one of the largest general contractors in the Southeast in an action against a governmental entity arising out of construction of a jail more
Litigation related to dam construction
Represented a major construction company arising out of allegations of defective construction of a dam for a public reservoir in the Southeast. more

Directors & Officers Litigation

Breach of fiduciary duty claims for directors and officers of a senior living facility
Represented directors and officers of a publicly traded company managing senior living facilities in a derivative action asserted by minority more Featured

Employment Litigation

Multiplaintiff breach-of-contract litigation for life insurance company *
Represented a life insurance company in a lawsuit arising out of allegations that company improperly terminated the independent more

Employment Litigation & Class Actions

Multiplaintiff breach-of-contract litigation for life insurance company *
Represented a life insurance company in a lawsuit arising out of allegations that company improperly terminated the independent more

Insurance Recovery

Construction dispute for a leading tobacco company
Served as a lead counsel in the successful representation of a leading tobacco company in a multimillion dollar construction dispute with a more
Construction litigation for one of the largest Southeastern general building contractors
Successfully defended one of the oldest and largest general building contractors in the Southeast, in an action brought by a manufacturing company more

Construction litigation for a large general contractor in the Southeast

Represented one of the largest general contractors in the Southeast in an action against a governmental entity arising out of construction of a jail more

Investment Management

Real estate investment dispute for North Carolina developers
Successfully defended North Carolina developers of a large shopping center in efforts by a business partner. a commodities hedge fund, to recover its  more
Defense of an investment adviser in various investment-related suits
Represented an investment adviser against a securities custodian and broker-dealer arising out of the theft of customer funds in an action alleging a  more Featured
Improper trading activity by an investment adviser
Represented financial institution and investment adviser in alleged improper trading activity by a portfolio manager. more Featured
Mutual fund and investment management disputes for large financial institution
Represented multi-billion dollar mutual fund family for a Fortune 500 financial institution in action alleging inappropriate investments in more Featured

Native American Affairs

Lands and assets class action suit for Native Americans
Served as co-counsel for plaintiff class of 500,000 Native Americans against the Department of Interior and Treasury Department arising out of the more Featured

Native American Litigation

Lands and assets class action suit for Native Americans
Served as co-counsel for plaintiff class of 500,000 Native Americans against the Department of Interior and Treasury Department arising out of the more Featured

Private Equity

Real estate investment dispute for North Carolina developers
Successfully defended North Carolina developers of a large shopping center in efforts by a business partner. a commodities hedge fund, to recover its  more

Real Estate Investment & Development

Real estate investment dispute for North Carolina developers
Successfully defended North Carolina developers of a large shopping center in efforts by a business partner. a commodities hedge fund, to recover its  more

Securities

Real estate investment dispute for North Carolina developers
Successfully defended North Carolina developers of a large shopping center in efforts by a business partner. a commodities hedge fund, to recover its  more
Defense of an investment adviser in various investment-related suits
Represented an investment adviser against a securities custodian and broker-dealer arising out of the theft of customer funds in an action alleging a  more Featured
SEC investigation of Internet day trader
Represented an Internet day trader in an investigation by the SEC. more
Class and individual actions for a currency derivatives broker
Successfully defended a currency derivatives broker in class and individual actions in Texas, New York, California and Washington more
SEC investigation of insider trading
The firm served as lead counsel and represented an employee in an SEC investigation of insider trading. more
Business litigation for securities broker
Represented a securities broker in regulatory actions before the NASD (FINRA) and SEC alleging improper investments in variable annuities. more

Trade Secret

Breach of contract litigation regarding covenants not to compete for major wholesale distributor *
The firm served as lead counsel and successfully represented a major Winston Salem, NC wholesale distributor in litigation involving two breach of more

*Experience gained by attorney prior to joining Kilpatrick Townsend

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Who We Are

1001 West Fourth Street
Winston-Salem, NC, 27101-2400
USA
t +1 336.607.7392
f +1 336.734.2611
Suite 900, 607 14th Street, NW
Washington, DC, 20005-2018
USA
t +1 202.508.5865
f +1 202.585.0052

David C. Smith

Experience Highlights

Litigation related to dam construction
Represented a major construction company arising out of allegations of defective construction of a dam for a public reservoir in the Southeast. more
Business litigation for securities broker
Represented a securities broker in regulatory actions before the NASD (FINRA) and SEC alleging improper investments in variable annuities. more
Represented computer graphics design company against assertion of antitrust violations
Successfully represented a computer graphics design company against a national mainframe computer supplier asserting antitrust violations. more
Military Claims Act award in excess of $10,000,000
Obtained an award in excess of approximately $10,000,000 under the Military Claims Act. more