David Smyth Email & Phone Number

Raleigh, North Carolina, United States

• Advise executive director on North Carolina ethics and lobbying regulation issues• Oversee ethics education program for over 5,000 public servants in North Carolina• Revamped the Ethics Commission’s online ethics education course, creating a more concise and effective means for public servants to satisfy their ethics education obligation

• Online compliance training based in animated cartoons • Substantive topics include AML, Gifts & Entertainment, and Codes of Ethics for investment advisers, as well as training for in-house counsel and corporate executives• Cady’s Insider Trading Cartoon Series has received national attention and media coverage

Raleigh, North Carolina, United States

• Oversaw ethics, lobbying, and campaign finance regulation in North Carolina• Advised executive director on election law questions in coordination with county boards of elections across the state

Raleigh, North Carolina, United States

Representations included:Government Investigations• data security officer in CFPB investigation – client not charged • investment management firm in investigation by SEC’s Asset Management Unit – client not charged• law firm in an investigation by the N.C. State Bar’s Authorized Practice Committee• numerous CEOs in separate investigations by three different SEC offices• client in a federal criminal Electronic Benefit Transfer fraud investigation• attorney in an investigation by the N.C. State Bar’s Grievance Committee• client in SEC insider trading investigation – client not charged • client in SEC investigation into alleged Ponzi scheme – client not charged • client in CFTC investigation into forex trading – client not charged• client in parallel insider trading investigations by the SEC and federal criminal prosecutorsLitigation• Represented defendant in novel litigation against the SEC involving a “survivor option” in corporate bonds; SEC withdrew fraud charges and client settled to negligence-based claims for nuisance value• Argued the first motion to dismiss under SLUSA after the Supreme Court's decision in Chadbourne & Parke v. Troice (2014)• Represented numerous clients in FINRA arbitrations• Led the response to numerous third-party subpoenas for a Big Four accounting firm and a hospital Compliance• Ongoing advice to a publicly traded mining company on disclosure regulations• Ongoing counsel to investment advisory firms on compliance with the Investment Advisers Act • Ongoing counsel to issuers of private placements on compliance with Securities Act of 1933• Ongoing advice to a registered broker-dealer on compliance with SEC and FINRA rules• Prepared FCPA compliance program for a major textile producer• Advised numerous companies on responses to potential FCPA violations • Advised and coordinated responses for numerous companies on data security breaches

David previously served as an Assistant Director in the Securities and Exchange Commission’s Division of Enforcement. While at the SEC from 2005 to 2011, he spearheaded high-profile investigations and litigation involving insider trading, financial statement and disclosure fraud, the Foreign Corrupt Practices Act, investment advisory fraud, auditor misconduct and broker-dealer misconduct. David was also instrumental in establishing and supervising 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 whistleblower tips regarding potential violations of the federal securities laws. David’s work in hedge fund investigations was the origin of the SEC’s Aberrational Performance Inquiry.

Washington, D.C.

Washington, D.C.

Louisville, Kentucky Area

J.D.

Activities and Societies: Staff Member, North Carolina Law Review

Bachelor Of Arts, English

Activities and Societies: Managing Editor, The Davidsonian