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Overview

David Smith practices in the areas of defense and complex civil litigation. As part of his practice he conducts internal investigations on behalf of clients and represents companies and individuals on a broad array of criminal matters ranging from investigation through trial by jury. He also defends companies, their owners, and management in parallel civil litigation arising from allegations of misconduct.

Representative White Collar Cases

  • Represented government contractor in price-fixing investigation and obtain civil settlement.
  • Represented federal grant recipient in a criminal fraud investigation and obtained decline of charges against the company.
  • Represented business owner accused of wire/mail fraud and obtained decline of charges.
  • Represented mortgage broker in bank fraud investigation.
  • Represented government contractor in anti trust prosecution.
  • Represented fur broker in anti trust prosecution for price fixing and bid rigging.

Representative Healthcare Cases

  • Obtained dismissal on summary judgment of civil RICO claim against teaching hospital and surgeon.
  • Obtained dismissal of negligence claims against healthcare organization and psychiatrist arising from a juvenile patient’s stabbing of two classmates.
  • Obtained decline of criminal prosecution of pain management physician accused of sexual misconduct by female patient. Successfully defended same physician in civil lawsuit which was settled without a finding of fault.
  • Obtained decline of criminal prosecution of anesthesiologist accused of Indecent Liberties with a female patient by a co-worker.
  • Obtained decline of criminal prosecution of physician accused of assisting patient in defrauding Washington Department of Labor & Industries.
  • Obtained acquittal at trial of family physician accused of Medicaid fraud.
  • Obtained acquittal at trial of foreign healthcare provider accused of Indecent Liberties by having sexual contact with a female patient during a treatment session.

Representative Environmental/Work Place Safety Cases

  • Obtained dismissal of criminal charges against demolition subcontractor accused of releasing of asbestos into a hospital maternity ward. Dismissal obtained after codefendant general contractor had pled guilty to the same offense.
  • Represented condo developer/general contractor in criminal investigation for violation asbestos disposal regulations. Defended same client in civil claims brought by former
    employees for alleged exposure to hazardous materials.
  • Represent metal fabricator/subcontractor accused of exposing employees to high levels of lead. Obtained resolution of investigation without imposition of administrative penalty or criminal charges and settled claims of lead exposed employees.
  • Represent steel erection company accused of criminal negligence in death of an employee fatally injured in a fall.
  • Represent well-drilling contractor accused of manslaughter based on a three-fatality motor vehicle accident involving one of the company’s mobile drilling rigs.
  • Represent owners of demolition company accused of releasing asbestos during demolition of an abandoned food processing facility.
  • Represent developer/general contractor accused of violating state asbestos regulations during condo conversion project.

Professional Activities

  • Co-Chair, Criminal Law Section, Federal Bar Association Western District of Washington, 2011
  • Member, White-Collar Crime Committee, American Bar Association, 1990-present
  • Chair, White-Collar Crime Committee, Defense Research Institute, 2002-2004

Experience

Experience

Blog Posts

News & Insights

Speaking Engagements

  • Seminar
    Seattle, WA, 11.5.15
  • Speaking Engagement
    Seattle, WA, 9.15.11
  • "Preserving Attorney-Client Privilege in Third-Party Audits and Government Investigations," Privileges, Protected Information and Confidences, Washington State Bar Association
    Speaking Engagement
    Washington State Convention & Trade Center, Seattle, WA, 12.16.09
  • "Optimizing the Use of Outside Counsel for Litigation, Investigations and Regulatory Enforcement Proceedings with a Focus on the Fallout from the Ongoing Credit Market Crisis," Greater New York Chapter of the Association of Corporate Counsel
    Seminar
    The Cornell Club, New York, NY, 7.28.09
  • "Importer Be Aware," World Trade Center Tacoma
    Speaking Engagement
    SeaTac Airport Conference Center, SeaTac, WA, 10.15.08
  • Trade Crisis in the Seafood Industry: Importer Beware
    Seminar
    Garvey Schubert Barer, Seattle, WA, 10.11.07
  • "Importer Be Aware," World Trade Center Tacoma
    Speaking Engagement
    SeaTac Airport Conference Center, Seatac, WA, 7.20.07
  • Responding to Government Audits and Investigations
    Seminar
    Garvey Schubert Barer Webinar, 4.12.07

Admissions

  • Washington, 1980

Education

University of California Los Angeles School of Law, J.D., 1979

Pacific Lutheran University, B.A., cum laude, 1975

Honors | Recognitions

  • Named a "Top Lawyer" for Antitrust and Trade Regulation in Seattle Met magazine, 2010
  • Named by peers to The Best Lawyers in America© in the area of Criminal Defense: White Collar, 2010-2017; Criminal Defense: General Practice, 2017, Criminal Defense: Non-White Collar, 2011-2016
  • Named by peers as a "Super Lawyer" in Washington Law & Politics magazine, 2006-2007
  • Named a Top Lawyer for Criminal Defense in Seattle Magazine, 2003-2004
  • Martindale-Hubbell AV/5.0 Peer Review Rated

 

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