Wayne W. Smith joined Gibson, Dunn & Crutcher in 1972. He holds a degree in Business Administration from California State University at Long Beach and graduated from University of California, Los Angeles School of Law with Order of the Coif honors.
Mr. Smith has extensive experience in commercial and business litigation. He has tried major cases (including class actions) in federal courts and in state courts throughout the country. Several of his cases have included appearances before federal and state appellate courts, the California Supreme Court and the Supreme Court of the United States. The cases tried by Mr. Smith have covered a broad range of issues, including securities fraud, common law fraud, contracts, federal tax laws, RICO, and constitutional law. He is the Co-Chair of the firm's Securities Litigation Practice Group.
Mr. Smith has represented clients in a number of different industries in securities fraud cases. The industries involved have included computer hardware, software and service, health care, electronics, insurance, equipment rentals, defense contracting and entertainment. Additionally, Mr. Smith has represented accounting firms alleged to have participated with their clients in securities frauds in the savings and loan, insurance, music club, auto parts and real estate industries.
REPRESENTATIVE CASES
Securities Fraud Class Actions
- Sony Corporation (alleged fraudulent disclosures re results of its motion picture business)
- Western Digital (alleged failure to disclose financial condition)
- Deloitte and Touche (failure of Lincoln Savings and Loan)
- Deloitte and Touche (alleged conspiracy to misrepresent the financial condition of Columbia Savings and Loan)
- Altris Software, Inc. (allegations of fraudulent disclosures following restatement of financials)
- California Amplifier (alleged fraudulent representations re success of new technology)
- Ashworth, Inc. (alleged false disclosures re financial condition of company)
- Pacific Scientific Company (alleged failure to disclose in connection with redemption of convertible debentures)
- CII Financial, Inc. (alleged failure to disclose true financial condition)
- Emulex Corporation (alleged false disclosures to inflate stock price)
- Policy Management Services Corporation (alleged misrepresentation of financial condition and business prospects)
Merger and Acquisition Related Cases
- INTEL Corporation (acquisition of Chips and Technologies)
- Computer Sciences Corporation (defense of hostile tender offer)
- Cadence Design Systems (White Knight acquisition of Quickturn Design Systems, Inc.)
- Farmers Insurance Co. (defense of hostile tender offer)
- Global Motor Sports (defense of hostile tender offer and defense of White Knight transaction)
- Emeritus Corporation (pursuit of hostile tender offer)
- Northrop Corporation (pursuit of hostile tender offer)
- Hewlett Packard Co. (acquisition of Convex Computer Corp.)
- Quarterdeck Corp. (Sale to Symantec)
- Samsung Electronics Co. (acquisition of AST Research)
- Computer Sciences (acquisition of Policy Management Services Corporation)
Derivative Actions - Sony Corporation (alleged mismanagement resulting in $3.2 billion write off)
- K2 Inc. (allegations of improper dealings with CEO in connection with battle for corporate control)
- Amerco Inc. (allegations of self dealing by parent of U-Haul in connection with sale of stock to insiders to prevent change of control)
- Litton Industries (special committee representation)
- Emulex Corporation (allegations of stock price manipulation and insider trading)
Miscellaneous Cases - Barron Hilton (entitlement to stock of Hilton Hotels Corp. under the Will of Conrad Hilton)
- Ambassador Roberto S. Benedicto (defense of Ferdinand Marcos' banker in litigation in several countries)
- Metromedia Company (numerous cases ranging from First Amendment to criminal antitrust)
- Sony Music (numerous cases ranging from RICO allegations to tortious interference claims)
- PricewaterhouseCoopers (alleged negligent tax planning leading to bankruptcy)
- ITT Consumer Financial Corp. (state attorney general and county DA actions alleging fraudulent business practices)
- American Stores (state attorney general and county DA actions alleging deceptive business practices)