David Smyth's practice focuses on financial services litigation and representation in response to government enforcement proceedings by federal and state authorities. Mr. Smyth also conducts internal corporate investigations and advises individuals and corporations, including broker-dealers, on compliance with securities laws.
Mr. Smyth served on the staff of the U.S. Securities and Exchange Commission for six years, ultimately as Assistant Director in the Division of Enforcement. While at the SEC, he led a team of attorneys in the investigation and litigation of cases involving the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, and the Foreign Corrupt Practices Act. In doing so, he coordinated SEC actions with related criminal investigations by the Department of Justice, including those by the U.S. Attorney's Offices for the Southern and Eastern Districts of New York and the Eastern District of Pennsylvania.
Mr. Smyth was also instrumental in establishing and managing the Enforcement Division's Office of Market Intelligence, created in the wake of the Bernard Madoff scandal to revamp the SEC's process for receiving and analyzing tips regarding potential violations of the federal securities laws.
Prior to his work at the SEC, Mr. Smyth was an associate at Steptoe & Johnson LLP, where he focused on complex litigation.
Seminars & Speaking Engagements
David Smyth to speak on insider trading at UNC Festival of Legal Learning, February 2012
"FCPA Risks and Coping Strategies," Conducting a Cross-Border Business From North Carolina, Brooks Pierce and Dixon Hughes Goodman seminar, November 10, 2011
Honors & Awards
· SEC Law and Policy Award-2011
· SEC Business Processes Award-2011
· SEC Enforcement Division Director's Awards-2006, 2007, 2008, 2009
Professional & Community Activities
· Member, American Bar Association, 2011-
· Member, North Carolina Bar Association, 2011-
· Member, Wake County Bar Association, 2011-
Articles & Publications
A New Framework for Analyzing Gag Orders against Trial Witnesses, 56 Baylor L. Rev. 89 (2004)
News
· Brooks Pierce Expands Office Scope and Capabilities in Raleigh
· Brooks Pierce Launches "Cady Bar the Door" Blog
Publications
· Don't Expect Much From the Kinnucan Case, Law360: Legal News & Data
Clerkship(s)
Law clerk to Judge Boyce F. Martin, Jr., U.S. Court of Appeals for the Sixth Circuit, 2000-01