David B. Smith

Senior Associate

Washington, D.C.

David Smith, a Senior Associate in Orrick's Washington office, focuses his practice on employment litigation and counseling.

David has significant experience representing technology companies, financial institutions, government contractors, and other employers in a broad range of employment disputes, including discrimination, harassment, misappropriation of trade secrets, restrictive covenants, wrongful termination, and breach of contract claims. He has defended class and collective actions under state and federal laws, including claims involving pay equity, Title VII, and wage-and-hour law.

David also regularly advises clients on a variety of employment-related issues, including human resource policies and procedures, restrictive covenants, misappropriation of trade secrets, separation agreements, employee hiring and termination, internal investigations, leave laws, and reasonable accommodations.

During law school, David participated in the University of Virginia School of Law's Employment Law Clinic. Prior to law school, David worked as a litigation paralegal for two law firms in Washington, D.C.

    • Represented a leading technology company in connection with lawsuits seeking to enforce post-employment restrictive covenants against client's newly hired executives.
    • Secured temporary restraining order and preliminary injunction enforcing post-employment restrictive covenant and applying Defend Trade Secrets Act in federal court litigation for technology sector client.
    • Successfully defended class certification in an action against a leading technology company alleging nationwide gender discrimination in performance evaluations, promotions and pay.
    • Represented government contractor in litigation against the OFCCP involving allegations of discrimination in recruiting, hiring and compensation at client's headquarters location.
    • Represented leading technology company in a putative class action involving allegations of unequal pay under the California Equal Pay Act.
    • Defended a global financial institution against wrongful discharge claims from two former high-level executives.