Representative matters in which Mr. Smith has appeared over the last few years include the following:
- Defense of The Home Depot, Inc. and its directors and officers in various 10b-5 securities class actions and shareholder derivative suits arising out of return-to-vender credit issues, executive compensation, and stock options. Grant of motion to dismiss 10b-5 securities class action affirmed by the 11th Circuit in 2008.
- Defense of former directors and officers of NetBank, Inc. in separate shareholder and depositor class actions alleging fraud, breach of fiduciary duties, and/or violations of securities laws in connection with the failure of NetBank in 2007. Won motion to dismiss depositor action in 2008.
- Defense of Force Protection, Inc. and its directors and officers in various 10b-5 securities class actions and shareholder derivative suits arising out of Force Protection’s 2008 financial statement restatement.
- Advising special board committee of publicly held financial institution regarding internal investigation and response to shareholder demand letter arising out of subprime financial crisis.
- Defense of American Tower Corporation and its directors and officers in various 10b-5 securities class actions and shareholder derivative suits arising out of a restatement related to stock options accounting.
- Defense of ChoicePoint Inc. in securities class action litigation, shareholder derivative litigation, and an SEC investigation arising out of fraudulent access to private consumer data in California by an identity theft ring. Won motion to dismiss the derivative suit against ChoicePoint’s board, which was affirmed on appeal by the Georgia Court of Appeals.
