A sampling of business cases in which David S. Smith was lead counsel:
Orbixa Technologies, Inc. v. New York Stock Exchange LLC
For his client New York Stock Exchange LLC, Mr. Smith won counterclaim damages of $3.5-million, while defeating all claims asserted against NYSE, in this international arbitration arising from a contract for distribution of securities market data. Read more >>
Lavrinoff v. Laufer
This case arose from a multimillion dollar venture to construct a major new tourist attraction in New York City – a giant Ferris wheel modeled on the "London Eye." Representing the plaintiffs, Mr. Smith defeated a motion to dismiss brought by one of the nation’s leading law firms on behalf of one of the corporate defendants. Read more >>
Williams Trading LLC v. Access Securities LLC
Mr. Smith has handled hundreds of employment disputes involving securities industry participants, including so-called "raiding" cases. Here, he defended his clients against claims for millions of dollars in damages sought by their former employer after they changed firms. All of those claims were denied. Read more >>
BNY AIS Nominees Ltd. v. Quan
The collapse of an off-shore hedge fund resulted in claims of more than $100-million against Mr. Smith's clients, the fund’s manager and investment advisor. Mr. Smith secured dismissal of the entire complaint. Read more >>
Schwimmer v. Welz
This case presented an unusual confluence of First Amendment and corporate governance issues in the context of a dispute over control of a religious institution. Mr. Smith succeeded on this appeal in winning reinstatement of his client’s complaint. Read more >>
Hakimian v. Bear Stearns
This case involved novel questions of whether the traditional requirements for a shareholder derivative action apply in arbitration. Mr. Smith convinced the arbitrators that those requirements do apply, securing dismissal of all claims against his clients and then successfully defending that result, first in a trial court and then on this appeal. Read more >>
Weinraub v. Glen Rauch Securities, Inc.
Mr. Smith won this case for the defendants before a FINRA arbitration panel, and then won it again when the plaintiff tried to start over in federal court. In addition to dismissing the complaint, the court imposed Rule 11 sanctions against the plaintiff’s lawyer. Read more >>
Blum v. Bear, Stearns & Co. Inc.
The trial of this defamation case, brought by a former employee of Mr. Smith's client, lasted seven days. All claims against his clients were dismissed. Read more >>_
In re Blech Securities Litigation
Mr. Smith is experienced with RICO claims, class actions and other complex litigation, as illustrated by these consolidated cases, in which he represented defendant D. Blech & Co. Inc. Read more >>
Freundlich v. Ladenburg Thalmann & Co. Inc.
In this case brought by a former brokerage customer of Mr. Smith's clients, all claims against his clients were dismissed and the claimant was ordered to pay Mr. Smith's clients $20,000 in attorneys’ fees. Read more >>
Swerland v. Paragon Capital Corporation
Mr. Smith has handled trials and appeals in a number of courts around the country. In this decision by the Court of Appeals of Washington, the court upheld the right of Mr. Smith's investment banking client to withdraw from the underwriting of a proposed IPO. Read more >>
For his client New York Stock Exchange LLC, Mr. Smith won counterclaim damages of $3.5-million, while defeating all claims asserted against NYSE, in this international arbitration arising from a contract for distribution of securities market data. Read more >>
Lavrinoff v. Laufer
This case arose from a multimillion dollar venture to construct a major new tourist attraction in New York City – a giant Ferris wheel modeled on the "London Eye." Representing the plaintiffs, Mr. Smith defeated a motion to dismiss brought by one of the nation’s leading law firms on behalf of one of the corporate defendants. Read more >>
Williams Trading LLC v. Access Securities LLC
Mr. Smith has handled hundreds of employment disputes involving securities industry participants, including so-called "raiding" cases. Here, he defended his clients against claims for millions of dollars in damages sought by their former employer after they changed firms. All of those claims were denied. Read more >>
BNY AIS Nominees Ltd. v. Quan
The collapse of an off-shore hedge fund resulted in claims of more than $100-million against Mr. Smith's clients, the fund’s manager and investment advisor. Mr. Smith secured dismissal of the entire complaint. Read more >>
Schwimmer v. Welz
This case presented an unusual confluence of First Amendment and corporate governance issues in the context of a dispute over control of a religious institution. Mr. Smith succeeded on this appeal in winning reinstatement of his client’s complaint. Read more >>
Hakimian v. Bear Stearns
This case involved novel questions of whether the traditional requirements for a shareholder derivative action apply in arbitration. Mr. Smith convinced the arbitrators that those requirements do apply, securing dismissal of all claims against his clients and then successfully defending that result, first in a trial court and then on this appeal. Read more >>
Weinraub v. Glen Rauch Securities, Inc.
Mr. Smith won this case for the defendants before a FINRA arbitration panel, and then won it again when the plaintiff tried to start over in federal court. In addition to dismissing the complaint, the court imposed Rule 11 sanctions against the plaintiff’s lawyer. Read more >>
Blum v. Bear, Stearns & Co. Inc.
The trial of this defamation case, brought by a former employee of Mr. Smith's client, lasted seven days. All claims against his clients were dismissed. Read more >>_
In re Blech Securities Litigation
Mr. Smith is experienced with RICO claims, class actions and other complex litigation, as illustrated by these consolidated cases, in which he represented defendant D. Blech & Co. Inc. Read more >>
Freundlich v. Ladenburg Thalmann & Co. Inc.
In this case brought by a former brokerage customer of Mr. Smith's clients, all claims against his clients were dismissed and the claimant was ordered to pay Mr. Smith's clients $20,000 in attorneys’ fees. Read more >>
Swerland v. Paragon Capital Corporation
Mr. Smith has handled trials and appeals in a number of courts around the country. In this decision by the Court of Appeals of Washington, the court upheld the right of Mr. Smith's investment banking client to withdraw from the underwriting of a proposed IPO. Read more >>
Law Office of David S. Smith
P.O. Box 234
43400 State Highway 28
Arkville, NY 12406
Tel: 845-202-1246
Mobile: 917-318-4701
Fax: +1 212-504-3122
Email: dss@smithlawnyc.com