Ed Smith has over thirty years’ of experience in bankruptcy, restructuring and commercial litigation, as well as significant expertise in regulatory law and land use. Ed counsels clients in commercial, regulatory and bankruptcy matters, and has substantial experience acting as first chair trial counsel in commercial, financial and bankruptcy litigation. Ed’s wide-ranging experience allows him to provide his clients with a unique perspective on a wide array of issues.
Mr. Smith has represented numerous creditors and debtors in chapter 9 and chapter 11 proceedings, and has extensive experience in sophisticated cross-border restructurings, including representing foreign representatives in proceedings under chapter 15 of the Bankruptcy Code. In the Lehman chapter 11 cases, Mr. Smith recently represented a foreign representative in a multi-million dollar litigation arising out of the early termination of derivatives contracts, and also represented a number of overseas creditors with claims in the Lehman cases. He currently represents a large European financial institution in connection with the restructuring of the Commonwealth of Puerto Rico.
Mr. Smith also has extensive commercial litigation and related regulatory experience. He has practiced as a litigator at private law firms, as an in-house lawyer at a financial services company and for ten years as an Assistant United States Attorney for the Southern District of New York, where he had extensive litigation, trial and appellate experience. While at the U.S. Attorney’s Office, Mr. Smith also served at different times as Chief of the Environmental Protection Unit, Chief of the Tax Unit and Senior Litigation Counsel. As Tax Chief and Environmental Chief, Mr. Smith handled civil tax and environmental litigation and investigations, supervised the work of AUSAs handling such matters, and served as the U.S. Attorney’s Office’s principal liaison with the Department of Justice and federal agencies and regulators, including the Internal Revenue Service and the Environmental Protection Agency, for civil tax and environmental matters.
Ed also has significant land use expertise. He currently represents a municipality in land use matters, including in connection with Open Meetings Law issues. He served for fifteen years as a member of the Zoning Board of Appeals of the Village of Pelham (the “ZBA”) and served as Chair of the ZBA from 2007 through May 2017. While Mr. Smith served on the ZBA, he conducted reviews under the State Environmental Quality Review Act (“SEQRA”) (including as lead agency) and handled and decided land use issues, including interpretations of the zoning code and variance and special permit applications. Ed also has private sector SEQRA experience, having successfully represented a waste management client in the defeat of challenges under SEQRA to permits for the construction and operation of a solid waste management facility.