David B. Smith

Senior Associate

Washington, D.C.


Read full biography at www.orrick.com
David Smith, a Senior Associate in Orrick's Washington office, focuses his practice on employment litigation and counseling.

David has significant experience representing technology companies, financial institutions, government contractors, and other employers in a broad range of employment disputes, including discrimination, harassment, misappropriation of trade secrets, restrictive covenants, wrongful termination, and breach of contract claims. He has defended class and collective actions under state and federal laws, including claims involving pay equity, Title VII, and wage-and-hour law.

David also regularly advises clients on a variety of employment-related issues, including human resource policies and procedures, restrictive covenants, misappropriation of trade secrets, separation agreements, employee hiring and termination, internal investigations, leave laws, and reasonable accommodations.

During law school, David participated in the University of Virginia School of Law's Employment Law Clinic. Prior to law school, David worked as a litigation paralegal for two law firms in Washington, D.C.

Posts by: David B. Smith

Federal Circuit Provides Important Guidance in RAND Disputes

On Dec. 4, 2014, the Federal Circuit issued a much-anticipated opinion in Ericsson, Inc. v. D-Link Sys., Inc., Nos. 2013-1625, -1631, -1632, -1633 (Fed. Cir. Dec. 4, 2014). The panel—consisting of Judges Kathleen O’Malley, Richard Taranto and Todd Hughes—ruled on several issues, the most significant of which is the proper methodology for calculating “reasonable and non-discriminatory” (RAND) royalty rates for RAND-encumbered “standard essential patents” (SEPs). The opinion, authored by Judge O’Malley, represents the first guidance from an appellate court on how to calculate a RAND royalty. READ MORE