Daniel Smith

  • Counsel
  • Edaniel.smith@lw.com
  • 99 Bishopsgate
  • London EC2M 3XF
  • United Kingdom
  • T +44.20.7710.1028
  •  
 

Profile

Dan Smith advises financial institutions and corporates on high-stakes commercial disputes and investigations, particularly in the areas of investment and finance, insolvencies, and bribery and corruption.

Mr. Smith regularly represents corporates, issuers, banks, bondholders, lenders, shareholders, investors, trustees, and related parties in major cross-border disputes, with a focus on High Court and appellate litigation, related to:

  • Investment and financial instruments disputes
  • Contentious restructurings, insolvencies, and related disputes
  • Complex commercial litigation

He also advises clients out of court on:

  • Pre-dispute counseling
  • Contentious regulatory and enforcement matters
  • Investigations into fraud and other wrongdoing
  • Transactional anti-corruption diligence, risk assessments, and compliance enhancement
  • Anti-corruption controls

Drawing on successful experience in the courts and with adverse parties, Mr. Smith provides clients tremendous value by developing a comprehensive dispute strategy early in line with clients’ business objectives.

After qualification, Mr. Smith was seconded to the Court of Appeal as a judicial assistant to Lord Phillips, MR (now former President of the UK Supreme Court) and is a member of Transparency International. He has written extensively in national and international legal journals about bribery and corruption issues, as well as commercial litigation issues.

Accolades
  • Key Counsel – Commercial Litigation
    Legal 500 UK 2020
  • Rising Star – Banking
    Legal 500 UK 2020
  • Notable Practitioner – Litigation
    Chambers UK 2016
  • “Very impressive”
    “A very polished individual with a good eye for detail”
    Chambers USA 2016
  • “A really good lawyer - dependable, solid, articulate and well thought out”
    Chambers UK 2015

Experience

Mr. Smith has advised clients on cross-border matters involving nearly two dozen jurisdictions across Europe, the Middle East, Africa, Asia, and the Americas. His representative matters include advising and acting for:

Finance Litigation
  • Samba Financial Group in relation to an approximately US$450 million claim brought in the English High Court by liquidators of a Cayman Islands company arising from the Al-Sanea/Al-Gosaibi dispute
  • Bondholders in relation to a more than US$4 billion dispute in related US and UK court proceedings arising from Argentine sovereign bonds
  • A security agent in relation to a contested rectification claim in relation to a series of £500+ million bonds
Commercial Corporate Litigation
  • A global entertainment company and integrated merchant bank in relation to a claim by the previous employer of key personnel
  • A leading media company defending unfair prejudice proceedings, including successfully resisting an injunction application to prevent completion of a corporate acquisition
  • A PE real estate business resisting claims designed to prevent completion of a US$2.5 billion acquisition
  • A Russian telecommunications company in response to a freezing order in the context of a US$200 million arbitration
Restructuring and Insolvency
  • A major British travel group in connection with a scheme of arrangement and attempted recapitalization
  • An ad hoc committee of senior secured noteholders in a major British restaurant chain in relation to a contentious restructuring
  • Various counterparties in relation to ISDA defaults in the Lehman Brothers administration

Thought Leadership

  • Remote Evidence in English Courts: Some Timely Reminders -  March 22, 2021
  • English Court Increasingly Willing To Order Disclosure From Third-Party Devices -  February 17, 2021
  • Don’t Waive Privilege Goodbye: High Court Finds Reliance On Legal Communications Constitutes Waiver Of Privilege -  December 16, 2020
  • So Say We All? Scope and Risks of Informal Shareholder Consent Clarified -  September 21, 2020
  • COVID-19: Legal Implications for Contracts – UK -  March 27, 2020
  • “But what if …?” English Court Identifies Liability Despite Gaps in Contractual Drafting -  November 28, 2019
  • UK Court of Appeal: Creditors Can Seek to Reverse Lawful Dividend Payments -  April 03, 2019
  • UK Court of Appeal: When to Trigger the Creditor Duty Shift -  April 03, 2019
  • Litigation Funding: Private Equity Investment Opportunity and Portfolio Risk Management Tool -  March 15, 2019
  • English High Court Upholds Privilege Claim Over Client Instructions to Provide Confirmations  -  March 07, 2019
  • English Court Provides Guidance for Commencing Proceedings On Foreign Defendants  -  February 14, 2019
  • English Appellate Court Restricts Scope of Litigation Privilege  -  December 19, 2018
  • English Court Confirms International Jurisdiction to Set Aside Transactions Defrauding Creditors -  September 28, 2018
  • Internal Investigations Protected By Privilege Once More?  -  September 07, 2018
  • English High Court Applies New “Range of Factors” Test to Defence of Illegality -  April 04, 2018
  • Jukes: English Appellate Decision on Litigation Privilege in Internal Investigations  -  February 22, 2018
  • English High Court Decision Reinforces Application of Litigation Privilege in Internal Investigations -  February 21, 2018
  • Bilta v. RBS: When Will Litigation Privilege Apply to Information Gathering in Internal Investigations -  February 12, 2018
  • UK Supreme Court Redefines Criminal Dishonesty Test  -  November 03, 2017
  • Private Equity and Privilege: Why Recent Legal Developments Matter to Buyout Firms -  July 21, 2017
  • English High Court Decision Further Curtails Application of Legal Privilege in Internal Investigations -  June 05, 2017
  • Changes to Corporate Criminality Offences in the UK Cause Corporate Dealmakers to Review Acquisitions -  May 17, 2017
  • Check Your Privilege: English Court Rules Internal Investigation Materials Cannot be Withheld from Prosecutor -  May 17, 2017
  • Firsts for UK SFO with In Principle False Accounting DPA, and for FCA with Market Abuse Compensation, against Tesco -  March 29, 2017
  • UK Decision Highlights Potential Privilege Problems in Cross-Border Investigations -  February 21, 2017
  • The Precarious Nature of Trust Assets at Home and Abroad  -  February 04, 2017
  • Corporate Criminal Liability: the UK is Now Talking the Talk and Walking the Walk  -  January 20, 2017
  • Prosecuting Corporate Offending – A New Approach from the Serious Fraud Office -  December 31, 2016
  • UK Supreme Court Adopts New Range of Factors Approach to Defence of Illegality -  September 13, 2016
  • UK Supreme Court Adopts New “Range of Factors” Approach to Defence of Illegality  -  September 07, 2016
  • London Blog: Panama Papers Prompt New UK Tax Evasion Offences: Top 10 Concerns for Professionals and Corporates -  May 10, 2016
  • The Panama Effect: UK Government accelerates proposals to criminalise failure to prevent tax evasion -  April 27, 2016
  • UK Prosecutor Secures First Deferred Prosecution Agreement for Bribery -  December 11, 2015
  • The Bribery Act Bites: Convictions for Foreign Bribery as Government Publishes Anti-Corruption Plan -  March 06, 2015
  • English Court of Appeal Signals Less Draconian Sanctions for Non-compliant Litigants  -  July 07, 2014
  • What Happens in England, Stays in England? -  December 19, 2013
  • Crime and Punishment -  August 02, 2013
  • Nearly is Not Good Enough for Part 36 Settlement Offers -  August 02, 2013
  • Let's Take This Fight Elsewhere -  June 21, 2013
  • Will Companies “Buy and Comply” Their Way Out of Prosecution? -  May 16, 2013
  • Court of Appeal Stays English Proceedings Where Greek Court First Seised, on Grounds Not Raised at First Instance -  April 15, 2013
  • The Future of Civil Settlements in Criminal Matters  -  April 15, 2013
  • Supreme Court Confirms That Legal Advice Privilege Applies Only to Confidential Communications Between Members of the Legal Profession and Their Clients  -  April 15, 2013
  • The Impact of the Foreign Corrupt Practices Act and the UK Bribery Act on the Hospitality and Gaming Industries -  February 06, 2013
  • Serious Fraud Office Exercises Civil Recovery Powers in Respect of Parent Company Assets -  October 01, 2012
  • UK Supreme Court Confirms Limits on Power to Freeze and Seek Disclosure of Criminal Property Outside the UK -  October 01, 2012
  • Navigating the New UK Bribery Act -  July 4, 2011
  • SmartCapital Newsletter (Issue 18, June 2011) -  June 2011
  • UK Bribery Act 2010 — Analysis of the Guidance on Adequate Procedures and the SFO Prosecution Guidance -  May 3, 2011
  • UK Bribery Act 2010: UK Authorities Publish Implementation Date and Guidance About Procedures and Prosecutions -  March 30, 2011
  • UK Bribery Act Delayed, Not Dead -  February 7, 2011
  • UK Bribery Act 2010 — Guidance and Implementation Subject to Delay -  February 1, 2011
  • The UK Bribery Act 2010 — An Extended Timetable for Guidance and Commencement -  July 22, 2010
  • The Calm Before The Storm: Are You Prepared For The Bribery Act 2010? -  July 16, 2010
  • New UK Bribery Act: The Very Long Arm of the Law -  June 1, 2010
  • The UK Bribery Act 2010 — Criminal Liability for Public and Private Corruption in the UK and Abroad -  April 13, 2010
Dan "is a 'fine counsel, who is always eager to explore different angles on a case and often comes up with good points that others might have missed'."Legal 500 UK 2020
Bar Qualification
  • England and Wales (Solicitor)
Education
  • BCL, Worcester College, Oxford, 1998
  • LPC, College of Law, York, 1997
  • Law Degree, Worcester College, Oxford, 1996
Industries
  • Aerospace, Defense & Government Services
  • Energy & Infrastructure
  • Financial Institutions
Languages
  • English
Practices
  • Restructuring & Special Situations
  • Securities Litigation & Professional Liability
  • Litigation & Trial Practice
  • Complex Commercial Litigation
  • Insurance Counseling & Recovery
  • White Collar Defense & Investigations
  • Financial Regulatory