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 and the Protocol for Broker Recruiting.
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.
Recent representative matters include:
- Lead counsel for individual in connection with SEC investigation into alleged Ponzi scheme; client was not charged with misconduct;
- Lead counsel for individual in connection with investigation into forex trading by the Commodity Futures Trading Commission; matter was resolved privately and without public charges;
- Represent a number of businesses in litigation regarding interest rate swap derivatives;
- Provide ongoing advice to private fund regarding compliance with the Investment Advisers Act.
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
- Compliance Week Quotes David Smyth on Internal Investigations (June 18, 2013)
- Compliance Week Cites Cady Bar the Door Post on Total S.A. FCPA Actions as Best of the Week (May 31, 2013)
- Triangle Business Journal Quotes David Smyth on North Carolina Crowdfunding Bill (May 10, 2013)
- Wall Street Journal Cites David Smyth on Non-Prosecution Agreement in Ralph Lauren FCPA Matter (Apr. 25, 2013)
- Triangle Business Journal Quotes David Smyth on Securities Class Actions (Apr. 3, 2013)
- PLI Cites Cady Bar the Door Post on Private Equity Enforcement as Best of Two Weeks (Mar. 8, 2013)
- Triangle Business Journal Quotes David Smyth on Regulators' Crackdown (Feb. 26, 2013)
- Triangle Business Journal Quotes David Smyth on Nominee to Chair SEC (Jan. 25, 2013)
- Wall Street Journal cites David Smyth on SEC’s FCPA Case against Allianz (Jan. 4, 2013)
- PLI Cites Cady Bar the Door among Top 5 Corporate & Securities Blog Posts (Nov. 23, 2012)
- Compliance Week Cites Cady Bar the Door as Best of the Week (Nov. 2, 2012)
- David Smyth Quoted in Inside Counsel on Standard for SEC's Aiding and Abetting Cases, Inside Counsel (Oct. 30, 2012)
- Compliance Week Cites David Smyth in “Cartoon Robots Are Here to Teach You about the Dodd-Frank Whistleblower Statute” (Oct. 1, 2012)
- Triangle Business Journal Quotes David Smyth on Shift in Investment Adviser Regulation (Sept. 28, 2012)
- PLI Cites Cady Bar the Door as Best Corporate & Securities Blog Post (July 27, 2012)
- Wall Street Journal cites David Smyth on SEC’s Prosecution of Domestic Bribery (July 19, 2012)
- Triangle Business Journal Interviews David Smyth on Duke-Progress Merger (July 12, 2012)
- PLI Cites Cady Bar the Door among Top 5 Corporate & Securities Blog Posts (June 29, 2012)
- David Smyth Quoted in Forbes on SEC Private-Sector Bribery Charges (July 31, 2012)
- David Smyth Quoted in Washington Post on FCPA (May 8, 2012)
- Brooks Pierce Expands Office Scope and Capabilities in Raleigh
- Brooks Pierce Launches “Cady Bar the Door” Blog
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-