Andrew C. Smith
Counsel

Mr. Smith is Counsel in the firm’s Litigation practice. Mr. Smith has a complex commercial litigation practice with a focus on international issues and clients, adversary proceedings in bankruptcy, and financial services litigation. Mr. Smith has also worked on a variety of product liability matters, on behalf of raw material and component part producers as well as end-product manufacturers, as well as closed corporation shareholder disputes and employment discrimination matters. Mr. Smith is also a member of the firm’s Corporate Investigations and White Collar Defense practice, and has represented corporate and individual clients being investigated by various governmental agencies.

Mr. Smith has significant appellate experience, having successfully represented clients in appeals before the U.S. Court of Appeals for both the Second and Eleventh Circuits, the New York Court of Appeals, and the First and Second Departments of the New York Appellate Division. Mr. Smith has also arbitrated disputes before the AAA, ICC and ARIAS•U.S.

Upon graduation from law school, Mr. Smith received a Stimson Fellowship from the firm allowing him to spend a year litigating on behalf of New York City’s homeless population, for which he was awarded the Legal Aid Society’s Pro Bono Publico Award for Outstanding Pro Bono Service.

Experience through this fellowship included: class action litigation on behalf of homeless families and individuals, involving brief writing and motion practice before the Appellate Division and Court of Appeals; representation of homeless individuals in disability hearings before Administrative Law Judges, involving direct examination of claimants and cross-examination of medical and vocational experts; negotiation of disability settlements with the U.S. Attorney’s office; and an Article 78 proceeding brought against city and state agencies. Other pro bono representation includes landlord-tenant disputes in housing court, and postconviction petition for relief in a death penalty case in Alabama state court.

Mr. Smith serves on the firm’s Professional Responsibility Committee.

Corporate Investigations & White Collar Defense

• Conducted internal investigation of U.S. subsidiary of Japanese telecommunications company involving allegations of theft, mismanagement and discrimination.
• Represented audit committee of Chinese petrochemical company in connection to SEC’s investigation of company’s reverse merger and public listing.
• Investigated cyber-blackmail attempt on national insurance company & coordinated efforts with FBI which led to arrest of former employee.
• Represented executive in investigation by the New York’s Office of Attorney General relating to certain practices in the life settlement industry.
• Represented individual in SEC investigation alleging insider trading.
• Conducted internal investigation of transportation company’s international employees with respect to FCPA issues.

Financial Services Litigation

• Represent trustee for certificate holders under pooling and servicing agreements in connection with RMBS litigation in various matters.
• Represent Bermuda reinsurer in arbitrations against monoline insurers on various coverage issues.
• Represented indenture trustee against claims asserted by putative class of bondholders in the Southern District of New York, successfully disposing of claims on summary judgment.
• Represented indenture trustee against claims asserted by putative class of bondholders in the District of Idaho, successfully disposing of claims on a motion to dismiss.

Other Litigation Matters

• Represented aircraft manufacturer in $40 million contract breach and fraud dispute arising out of aircraft purchase agreement. After five week trial, jury found client to have no liability.
• Represented oil company being sued by oil producers seeking millions of dollars in adversary proceedings in Delaware Bankruptcy Court, involving actions removed from Texas, Oklahoma, Kansas and New Mexico. Achieved favorable settlement.
• Represented trust in fraudulent conveyance action commenced in New York against Lichtenstein stiftung alleged to have stolen over $200 million, in matter involving parallel actions in Florida, London, Panama, Monaco and Lichtenstein. Sought and received sanctions award of over $200,000 for discovery abuses.
• Represented disabled Florida individual in contentious challenge to administration of estate in Brooklyn Surrogate’s Court. After five-day bench trial, court awarded client letters of administration.
• Represented state university in multi-million dollar patent infringement and unfair business practices case in the Northern District of New York. Achieved favorable settlement.

Association of the Bar of the City of New York

United States Court of Appeals for the Second and Eleventh Circuits; United States District Courts for the Eastern, Northern and Southern Districts of New York