Dylan Smith is a Partner in the Litigation Practice Group and Co-Leader of the White Collar Defense and Investigations Team. His practice focuses on complex commercial litigation and white-collar criminal defense.
As an experienced commercial litigator and former federal prosecutor, Dylan thrives in the courtroom, but he also understands that litigation is a means, not an end in itself. Dylan prides himself on delivering honest analysis, creative solutions, and zealous advocacy in pursuit of the client’s objectives. His practice encompasses a wide range of business disputes and government investigations, including matters involving antitrust, civil RICO, trade secrets, and D&O claims.
Prior to joining Freeborn, Dylan served as an Assistant United States Attorney in Chicago, where he prosecuted and tried criminal cases in federal district court, including cases involving white collar crimes such as financial institution fraud, wire and mail fraud, healthcare fraud, identity theft, and tax fraud. As an Assistant U.S. Attorney, Dylan also argued a number of appeals in the U.S. Court of Appeals for the Seventh Circuit.
Dylan began his legal career as a law clerk to the Hon. Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit.
On behalf of chemical manufacturer in multidistrict antitrust class action, won summary judgment dismissing all claims. In re Sulfuric Acid Antitrust Litigation, 743 F. Supp. 2d 827 (N.D. Ill. 2010).
In shareholder dispute, obtained dismissal of derivative and direct claims against directors, including federal securities-law claims under the Williams Act. Won award of sanctions against plaintiffs' attorneys under Private Securities Litigation Reform Act (PSLRA). Gorman, et al. v Coogan, et al., 2004 WL 2713095 (D. Me. 2004).
Represented individual defendant charged with violating export control laws through export and import of defense articles to and from China. Obtained acquittal on top count and probationary sentence following three-week jury trial in federal court.
On behalf of pharmaceutical company, conducted internal investigation involving corporate ethics and regulatory compliance issues.
Represented public pension plan participants in suits successfully challenging benefit reductions under Illinois constitution.
Successfully represented auto dealership holding company in litigation relating to buy/sell agreement for dealership assets.
Representing medical device manufacturer in international trade-secret dispute.
- Board of Directors, Federal Bar Association, Chicago Chapter
- Moderator, Federal Bar Association, Chicago Chapter, "Current Issues and Trends in Federal Criminal Law" Virtual Seminar (December 2020).
- Featured Faculty, Today's General Counsel, "The Exchange" Compliance and Ethics Forum, Chicago (October 2016).
- Author, "General Motors RICO Ruling Is Case Study In Proximate Cause," Law360 (July 27, 2020).
- Author, “The 1st COVID-19 Prosecutions Under Defense Production Act,” Law360 (May 6, 2020).
- Co-Author, "When Internal Compliance Monitoring Stumbles, Directors and Officers May Face Risk," Westlaw Journal Antitrust (May 2015).