Daniel F.E. Smith

Dan uses his scientific training and background to help clients solve complex problems related to environmental laws, frequently working as part of a larger Brooks Pierce team. Dan has represented and advised a variety of industries to help them obtain necessary permits and comply with environmental regulations. He has advised clients on matters involving CERCLA, RCRA, the Endangered Species Act, the Clean Air Act, asbestos, combustible dust, underground and aboveground storage tanks, private nuisance claims, and groundwater and soil contamination.

Dan is a frequent member of teams that handle large, complex business litigation. Dan also represents small companies and startups and helps them navigate the issues and challenges that can arise in the normal course of doing business.

A former science teacher, Dan represents boards of education, administrators, and teachers in a wide variety of litigation in state and federal courts and before administrative tribunals. He has advised and represented clients on a broad range of issues including special needs education and disabilities, bullying, personal injuries on school property, disputes with former employees, environmental health, and education-related provisions of the North Carolina Constitution and United States Constitution. Representative matters include:

• Obtaining summary judgment in favor of a board of education for a retaliation claim brought by a former teacher and successfully defending the judgment on appeal to the Fourth Circuit.
• Obtaining trial court dismissal of employment-related claims brought by a former teacher against a board of education and its superintendent and persuading the North Carolina Court of Appeals to dismiss an attempted appeal from the trial court’s judgment.
• Persuading a federal district court to dismiss IDEA and attempted tort claims asserted by a student and his parents against a board of education and special education teacher.

A former North Carolina Supreme Court law clerk, Dan brings a unique insight to his clients. He advises within the firm on the handling of appeals and petitions and is often consulted on the finer points of appellate procedure. Dan has represented clients in the Supreme Court of North Carolina and the North Carolina Court of Appeals in matters arising from business disputes, school employment, and state and federal constitutional questions.