David Smith

- Commercial Litigation

- Securities Litigation

- Antitrust Litigation

- Intellectual Property Litigation

- Professional Liability Litigation

- Real Estate & Construction Litigation

- Bankruptcy & Creditors' Rights Litigation

- Class Action Litigation

- Appellate Litigation

David Smith is a partner in the Litigation Department at Dilworth Paxson, where he brings more than 45 years of experience handling large and complex litigation across a broad range of industries. From 2002 to 2022, he served as Chairman and Chief Executive Officer of Schnader Harrison Segal & Lewis LLP, leading that firm for two decades before joining Dilworth Paxson.

David’s practice covers securities and antitrust litigation, professional liability defense, intellectual property disputes, real estate and construction litigation, and creditors' rights and bankruptcy matters. He has particular depth representing financial institutions and their receivers, having served as lead and replacement trial counsel for the Resolution Trust Corporation and the FDIC in a series of professional liability and insurance actions arising from the failure of savings institutions nationwide.

His government and public-sector experience includes representing the City of Philadelphia in litigation defending the development authorities' right to build. He also served as counsel to an underwriter defendant in the multi-district In re Initial Public Offering Securities Litigation in the Southern District of New York, and led the defense of attorney-defendants.

Mr. Smith is regularly engaged by real estate owners, developers and insurers in disputes over property ownership, control and insurance recovery, including representing apartment complex owners in New Orleans in litigation to recover replacement-cost insurance proceeds following Hurricane Katrina. He also maintains an active construction litigation practice, representing subcontractors, shipyards and design professionals in delay, disruption and cost-overrun disputes.

He is admitted to practice in Pennsylvania and before the U.S. Courts of Appeals for the Third, Fourth, Fifth and Ninth Circuits, and the District of Columbia Circuit.

- Served as lead and replacement trial counsel for the Resolution Trust Corporation and the FDIC in professional liability and insurance litigation arising from multiple failed savings institutions, including a $185 million global settlement in Resolution Trust Corporation v. Peat Marwick.

- Counsel for an underwriter defendant in the multi-district In re Initial Public Offering Securities Litigation in the U.S. District Court for the Southern District of New York.

- Lead counsel for attorney-defendants in the Matthews & Wright Municipal Bonds Securities Litigation, a multi-district securities/RICO class action involving allegations concerning more than $3 billion in municipal bonds; obtained agreements with the IRS preserving the bonds' tax-exempt status and summary judgment dismissing the litigation.

- Engaged by the City of Philadelphia to defend the development authorities' right to build the new Phillies and Eagles stadiums; tried the cases and argued the successful appeals.

- Counsel for owners of large apartment complexes in New Orleans in litigation to obtain replacement-cost insurance coverage following Hurricane Katrina.

- Counsel for the plaintiff in ProtoComm v. Novell Advanced Services, obtaining a $12.5 million jury verdict that was affirmed on appeal to the Third Circuit Court of Appeals.

- Counsel for a shipyard in litigation of a nine-figure delay-and-disruption claim arising from the construction of a fleet of cryogenic tankers.

- Counsel for private mortgage insurers in multistate class action litigation alleging violations of RESPA and the Fair Credit Reporting Act, prevailing at trial and on appeal, including before the United States Supreme Court.

- Pennsylvania

- U.S. Court of Appeals for the Third, Fourth, Fifth, and Ninth Circuits

- U.S. Court of Appeals for the District of Columbia Circuit