Scott D. Smith Joins McCormick & O’Brien, LLP as a Partner

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Smith to join the Firm’s Commercial Litigation Practice

Mr. Smith’s practice involves a wide range of corporate and commercial matters, including complex business litigation, contractual disputes, business fraud, and business separations. Mr. Smith has experience in all phases of litigation, both at the trial and appellate levels, in federal district, bankruptcy and state courts throughout New York. He has represented a broad spectrum of clients, both as plaintiffs and defendants, in cases involving breach of contract, misrepresentation, breach of fiduciary duty, tortious interference, consumer and securities fraud actions, shareholder disputes, insurance claims, and real estate matters.

Mr. Smith also counsels newly formed businesses, rapidly growing companies and owner-managed small and mid-market companies. He understands the unique challenges of new ventures including choice of entity, capital structure, protection of intellectual property and agreements with key employees. As business grows or responds to the rapidly changing environment, Mr. Smith provides assistance in the areas of corporate governance, formation of all types of entities, and preparation of charter documents, shareholder agreements, partnership agreements and operating agreements.

In addition to complex and general litigation, Mr. Smith’s practice is concentrated on matters related to legal ethics, professional discipline, malpractice, sanctions, and law firm disputes.

Previously, Mr. Smith served as an Attorney with the Disciplinary Committee for the First Judicial Department as well as a Court Attorney with the Appellate Division, First Judicial Department. While with the Disciplinary Committee, Mr. Smith handled some of the most high-profile cases, including the prosecution of the attorney found civilly liable for violating Judiciary Law Section 487 (Matter of Rosenberg, 947 N.Y.S.2d 54 [1st Dept. 2012]) in the hallmark state and federal decisions in Amalfitano v. Rosenberg, 428 F.Supp.2d 196 (S.D.N.Y. 2006), cert. questions referred, 533 F.3d 117 (2d Cir. 2008), questions answered, 12 N.Y.3d 8 (2009), answers applied and aff’d, 572 F.3d 91 (2d Cir. 2009).

Prior to his government service, Mr. Smith was associated with the law firms of Robinson Brog Leinwand Greene Genovese & Gluck, P.C. and Bernstein Litowitz Berger & Grossmann LLP, and was an Associate with Bernstein Liebhard LLP, where he was involved in class actions on behalf of aggrieved investors, including In re Initial Public Offering Securities Litigation, No. 21-MC-92 (S.D.N.Y.), a case which involved over 300 coordinated actions and settled for $586 million.

“Scott gave us an opportunity to add strength and depth to our commercial litigation team. His background compliments our core strengths and gives us the ability to ramp up in an area where we see great growth prospects,” said Charles F. McCormick. Liam O’Brien added: “Scott’s leadership experience and deep knowledge of corporate and commercial law makes him a natural fit for our Firm. We are thrilled to welcome him.”

“I am excited about joining a firm with such a stellar reputation and high-caliber attorneys and staff. Both Charles and Liam have cultivated a great working environment at the Firm,” Smith said. “I look forward to leading and expanding the commercial litigation practice at McCormick & O’Brien.”

Mr. Smith received his bachelor’s degree in 1997 from the University of Texas (B.A., English), and received his J.D. in 2001 from South Texas College of Law, where he was a member of the South Texas Law Review. He also earned a Master of Laws (LL.M.) in Banking and Financial Law, with a concentration in Securities, from Boston University School of Law in 2002. Mr. Smith is admitted to the bars of the State of New York and the District of Columbia. He is also admitted to practice before the United States District Courts for the Southern and Eastern Districts of New York, the Second Circuit Court of Appeals, as well as before the United States District Court for the District of Columbia.

About McCormick & O’Brien, LLP

McCormick & O’Brien, LLP, is a New York City-based law firm whose professionals are dedicated to providing the highest quality legal services to our clients. Our lawyers provide practical business solutions to our clients’ most complex, mission-critical legal problems. Our professionals combine top law school credentials and large law firm experience with an entrepreneurial spirit and common sense. Our partners and senior attorneys are actively involved in all client matters, giving our clients direct access to a wealth of sophisticated experience.

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