Dan Smith is a counsel in Latham & Watkins’ London office. Mr. Smith practices commercial litigation, specializing in financial services, white collar crime, bribery and corruption, professional negligence, and insurance disputes.
Mr. Smith has considerable experience acting in major cross-border disputes including investigations into fraud and other wrongdoing, pre-action claims, contentious regulatory matters and arbitration, and on insurance aspects of disputes. He also advises on pre-dispute bribery and corruption issues in the context of acquisitions, and compliance enhancement. He has been involved in disputes in various jurisdictions including Argentina, Austria, the Bahamas, the Cayman Islands, Chile, Egypt, France, Germany, Italy, Japan, Kazakhstan, Luxembourg, Qatar, Russia, the Seychelles, Saudi Arabia, Thailand, Turkey, the UAE, the US, and Zambia.
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). He is a member of Transparency International.
Mr. Smith has authored a large number of published articles in national and international journals and is a frequent speaker at conferences and related events.
Mr. Smith's representative matters include advising and acting for:
- A Saudi Arabian bank in relation to a claim for in excess of US$300 million brought by liquidators of a Cayman Islands company in the English High Court arising from the Al-Sanea / Al-Gosaibi dispute
- A Security Agent in relation to a contested rectification claim
- Bondholders in relation to Argentine sovereign bonds and related US and UK court proceedings
- Bondholders in relation to litigation in relation to financial instruments
- Bondholders in relation to potential market abuse by an issuer
- A collateral manager in relation to a dispute with a trustee regarding CDO redemption proceeds
- A bank in relation to market abuse
- A listed company in relation to market abuse
- Various counterparties in relation to post-Lehman defaults
- An international mining company in relation to a claim for c. US$1 billion in arbitration and related litigation
- An African mining company in relation to a claim for c. US$130 million
- The government of an Asian State in relation to potential civil and criminal claims before the English courts
- A telecommunications company in response to a freezing order in the context of a US$200 million arbitration
- A private equity group in relation to a criminal tax investigation
- A Middle Eastern entity in respect of an FCA investigation into its dealings with a western financial institution
- A Middle Eastern entity in relation to an SFO investigation
- A European fund manager in relation to a tax investigation
- Numerous companies in relation to internal investigations into potential wrongdoing
- Numerous agents, consortia of lenders, and investors in insolvency restructurings, boardroom disputes, and related litigation
- Numerous international businesses on pre-litigation counselling, risk management issues, adequate procedures, jurisdictional and corporate structure issues, acquisition, potential liabilities and risks arising from the Bribery Act 2010 and related anti-corruption guidance, the Modern Slavery Act 2015, and related white collar crimes
- Numerous M&A, private equity, and financing entities in relation to anti-corruption corporate due diligence in transactions, including investigations, reporting. and negotiation of terms