Edward A. Smith

Partner
81 Main Street
Suite 306
White Plains, NY 10601

Tel: (914) 607-7010
Fax: (914) 607-3595
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Edward A. Smith

Partner

Edward A. Smith is a Partner and Co-Chair of the firm’s, Workout, Restructuring, Bankruptcy and Creditors’ Rights Practice Group at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP. He is a top litigator whose practice concentrates on commercial, business and financial litigation, land use and environmental law, bankruptcy and contract review. Prior to joining Abrams Fensterman, Mr. Smith was a partner at a prestigious real estate and corporate firm in Westchester.

Mr. Smith has been practicing law for over thirty years and has extensive experience in a wide variety of areas, including commercial, business and financial litigation, land use, environmental law, contract review and regulatory/law enforcement.

His experience includes practicing as a litigator at large 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. 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 Environmental Chief, Mr. Smith served as the chief civil environmental lawyer for the U.S. Attorney’s Office and handled litigation and investigations under federal environmental statutes, including the Clear Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act (known as Superfund). In addition to litigating cases, Mr. Smith supervised all environmental civil investigations and litigation in the counties comprising the Southern District of New York, including Westchester County. Mr. Smith interacted extensively with and served as the Office’s principal liaison with federal environmental agencies and regulators, including the United States Department of Justice, the Environmental Protection Agency, the U.S. Army Corps of Engineers and the Department of the Interior.

As Chief of the Tax Unit, Mr. Smith supervised Assistant United States Attorneys in all aspects of tax litigation and bankruptcy litigation and tax-related civil investigations; managed administrative staff; served as supervisory liaison with numerous federal agencies.

Mr. Smith served as a long-standing member of the Zoning Board of Appeals of the Village of Pelham (the “ZBA”) and has served as Chair of the ZBA since 2007. The ZBA, among other things, conducts reviews under the State Environmental Quality Review Act (“SEQRA”) (including as lead agency) and handled and decides land use issues, including interpretations of the zoning code and variance and special permit applications.

Mr. Smith also has private sector SEQRA experience. While at a law firm, he handled a SEQRA matter for a waste management company client by defeating an environmental challenge under SEQRA to permits for the construction and operation of a solid waste management facility.

Finally, he has complex bankruptcy litigation and financial restructuring experience. He has represented a chapter 11 operating trustee in all aspects of involuntary bankruptcy cases arising from multi-million-dollar Ponzi scheme, including in related litigation. He represented large energy company and affiliates in its liquidating chapter 11 cases, including in significant litigation.

BAR ADMISSIONS

  • New York
  • United States Court Of Appeals, Second Circuit
  • United States District Court, Southern District Of New York
  • United States District Court, Eastern District Of New York

EDUCATION

  • B.A.., Georgetown University
  • J.D., Fordham University School Of Law

MATTERS

  • Served as lead counsel for a foreign representative Swiss-based company in litigation against a large New York financial institution arising out of termination of derivatives contracts.
  • Represented major commercial airline in dispute with Lehman concerning close out of derivatives contract.
  • Represent various municipalities in commercial and land use litigation.
  • Represented lenders in real estate-related litigation and commercial foreclosures.
  • Handled litigation and investigations under federal environmental statutes, including the Clear Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act (known as Superfund). Supervised all environmental civil investigations and litigation in the counties comprising the Southern District of New York, including Westchester County.

HONORS AND AWARDS

  • AV Rating, Martindale-Hubbell
  • AVVO
  • SuperLawyers