David M. Smith

David is the senior member of Maynard Nexsen’s Labor & Employment Practice Group and has more than 40 years of practice experience primarily as a labor and employment litigator. David’s litigation practice has evolved over time and much of his practice concentrates on serious client problems that involve sensitive circumstances and, quite often, crisis management. By virtue of David’s extensive experience with corporate Boards and senior executives, combined with David’s temperament, he is called on by businesses to handle difficult situations where legal advice is at the core, but an understanding of people and the development of wise business plans are needed. David is regarded as a prime resource for the clients who know him best for handling the hardest of circumstances. Crisis Management has become a central part of David's practice and involves evaluation, investigation, reporting, persuasion, negotiation, and dispute resolution.

Recognition for David's work as an attorney includes his recent top-tier ranking by Chambers USA: America's Leading Lawyers for Business as a Leading Practioner in Labor and Employment Law, with a Chambers listing at a high level being a distinction he has earned every year since 2004. He is also a long-time Fellow of the College of Labor and Employment Lawyers. He is also listed in The Best Lawyers in America©, Mid-South Super Lawyers and Alabama Super Lawyers in the area of Labor and Employment Law, and has earned the distinction by Super Lawyers as one of the "Top 50 Super Lawyers" in Alabama.

David’s L&E practice has been spent representing business employers and their management teams in the full range of disputes with employees and unions. David is engaged by clients in serious management situations that frequently involve the senior people who work for the client.

David’s work includes federal and state cases alleging employment discrimination, breach of contract, wage and hour violations and mine safety violations among many others. David has led successful efforts in 2021-22 to obtain multiple labor union injunctions and TRO’s, tried two NLRB trials and remains highly active and effective in litigation cases with lots at stake. He has handled major cases against private plaintiff lawyers as well as many divisions of the United States Department of Labor. This includes serving as lead trial counsel in one of the longest and most significant administrative law trials ever held under the Federal Mine Safety Law and serving as lead trial counsel in another pair of marathon “working time” jury trials, in the then-largest FLSA claim ever brought by the United States Department of Labor.

Working on behalf and alongside his clients, David has successfully defended and tried to verdict numerous other jury and non-jury labor and employment cases. He has presented oral arguments in the Alabama Supreme Court and the United States Courts of Appeals for the Eleventh Circuit and the D.C. Circuit. In these appellate cases, David has had the privilege of arguing before Judge Frank Johnson, Judge Ruth Bader Ginsberg and Judge Clarence Thomas, two of whom later became Justices of the U.S. Supreme Court. In addition to his litigation practice, David advises clients on discipline, contracts, policies, arbitrations, RIF’s and benefits in all types of employment and labor relations matters.

David also presents lectures and seminars to clients and colleagues on numerous topics. He provides training to numerous clients’ human resources personnel and workforces at large. David has also conducted employment law compliance audits for businesses all over the country. His peers also look to him for practical knowledge as David has presented papers and lectures to other lawyers at state and national CLE meetings on labor and employment law topics across the country.

He received a J.D. from Vanderbilt University School of Law and holds a B.A. magna cum laude Phi Beta Kappa from Birmingham-Southern College.

Community & Professional

• American Bar Association, Labor and Employment Law Section; Employee Rights and Responsibilities Committee; Management Co-Chair of Disability and Leaves of Absence Issues Subcommittee (2007-2018)
• Alabama State Bar Association, Labor and Employment Law Section, Chairman (1998-1999); Executive Committee (1993-1998); CLE program Chair (1995-1997)
• College of Labor & Employment Lawyers, Fellow
• Alabama delegate to the Planning Committee of the Multi-State Labor and Employment Law Program (2000-2010)
• Birmingham-Southern College, Executive Committee of the Board of Trustees (2001-present); Chair, Board of Trustees (2016-2018)
• Executive Board of the Greater Alabama Council-Boy Scouts of America; Vice President for Advancement (2003-2004); Legal Counsel (2004-present); Recipient: Silver Beaver Award (2007)
• Workshops Inc., Board of Directors (2001-2005), Past-President (2003)
• Pro bono legal counsel on a regular basis to the Greater Alabama Council of the Boy Scouts of America (2004 - present)
• Friends of Scouting Campaign, Greater Alabama Council, Leader/Donor (2002-present)

Recognition

• College of Labor & Employment Lawyers, Fellow (2013)
• Recognized by Chambers USA, America’s Leading Lawyers for Business, Alabama, Labor and Employment Law (2004-Present)
• The Best Lawyers in America© for Employment Law: Management, Labor Law: Management, Litigation: Labor and Employment, and Workers’ Compensation Law: Employers (1994-Present)
• Mid-South Super Lawyers for Employment and Labor Law (2016-Present)
• Super Lawyers "Top 50 Alabama Super Lawyers" (2016 - 2018)
• Alabama Super Lawyers for Employment & Labor (2008-2015)
• Birmingham Magazine's "Top Attorneys" for Employment Law (2017)
• Martindale-Hubbell AV® Preeminent Rating
• Recognized as a "Litigation Star" by Benchmark Litigation
• Recognized as a "Labor & Employment Star" by Benchmark Litigation

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