Outstanding Alumni Testimonial: Mr. David Smith, ’75

Mr. David M. Smith is a labor and employment litigator, and his primary practice area is in representing the employer and management in employment cases. Mr. Smith has twenty-nine years of labor and employment experience and is an original member of the firm’s labor group that now has eighteen lawyers. Mr. Smith is the co-chair of the firm’s labor and employment law practice group. Mr. Smith has handled major cases against both private plaintiff lawyers and the United States Department of Labor in cases alleging employment discrimination, breach of contract, wage and hour violations, mine safety violations and many other types as well. In 2004-2005, Mr. Smith served as lead trial counsel in the longest trial ever held under the Federal Mine Safety Law in a historic mine disaster (13 fatalities in tragic explosion) and his client succeeded in having all the major citations vacated and the penalties reduced by more than 99%. Mr. Smith served as lead trial counsel in the longest jury trial and largest FLSA claim ever tried by the United States Department of Labor claiming $8 million in overtime for poultry workers. The jury awarded less than 3% of the damages sought by the government and found no record-keeping violation. Mr. Smith and his clients have successfully defended and tried to verdict numerous other jury and non-jury L&E cases. Mr. Smith has presented several oral arguments in the Alabama Supreme Court and the United States Courts of Appeals for the Eleventh Circuit and the D.C. Circuit. Mr. Smith has an active non-litigation practice in advising clients on discipline, contracts, policies, arbitrations, RIF’s and benefits in all types of employment and labor relations matters. Mr. Smith has provided training to numerous clients’ human resources personnel and workforces at large. Mr. Smith has also conducted employment law compliance audits for businesses all over the country. Mr. Smith has presented papers and lectures at state and national CLE meetings on Labor and Employment Law topics; locations have included Alabama, Colorado, California, Arizona, New Mexico, Georgia and Florida. Prior to joining Maynard Cooper, he served as a law clerk to Federal District Judge Robert B. Propst, Northern District of Alabama from 1982-1983.

Mr. Smith received his B.A. from Birmingham-Southern College in 1979 and his Juris Doctorate degree from Vanderbilt University in 1982.

He is the son of Mr. and Mrs. George Smith of Anniston. Mr. Smith and his wife, Virginia, have three children – David, Everett and Virginia. He currently resides in Birmingham, Alabama.

What is your favorite memory during your time as a student at the Anniston Academy/The Donoho School?
My parents at every sports event. My mother arranging special orchid corsages for my dates for every formal dance at the Academy. In our first year of football (1972) we defeated the undefeated Cedar Bluff team (8 to 0) that was top-ranked and headed to the playoffs the next week. And making an “A” on Mrs. Murray’s English exam my senior year to give me my first semester of all-A’s at the Academy.

Civic Activities:
•Birmingham-Southern College, Executive Committee of the Board of Trustees (2001-present)
•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-present), Past-President (2003)
•Friends of Scouting Campaign, Greater Alabama Council, Leader/Donor (2002-present)
•Pro bono legal counsel on a regular basis to Workshops, Inc., Boy Scouts of America and Birmingham-Southern College