Gina Maisto Smith

Partner

smithgm@ballardspahr.com
Tel 215.864.8214
Fax 215.525.5092
Philadelphia

Gina Maisto Smith is a partner in the Litigation Department. She joined the firm in 2006 after nearly two decades in the Philadelphia District Attorney's Office, where she rose through the ranks to become one of the most highly regarded prosecutors in Philadelphia.

While in the District Attorney's Office, Ms. Smith investigated innumerable cases, handled more than 100 jury trials, and developed unsurpassed experience in the investigation and prosecution of sex crimes and child abuse. Ms. Smith also trained prosecutors, investigators, and police in handling the most difficult aspects of sex crime investigations. She now advises and represents clients in all aspects of sexual misconduct matters.

Ms. Smith and her team are frequently called upon to advise colleges and universities about sexual misconduct policies, changes in the law, and investigations into allegations of sexual misconduct, including sexual violence. She regularly conducts policy audits and assists in the development of policy and in the design and implementation of internal/external operating procedures. She conducts training for multiple university constituencies, including Title IX coordinators, sexual assault response teams, judicial hearing boards, investigations, and members of the campus community.

Ms. Smith and her team also help clients integrate the requirements of all federal, state, and local regulations (including Title IX and the Department of Education's Dear Colleague Letter of April 4, 2011, the Clery Act, criminal law, HIPPA, and FERPA) with their policies and procedures. She also assists with conducting sexual misconduct investigations.

The Archdiocese of Philadelphia hired Ms. Smith and her team to conduct a review of cases and internal procedures following a grand jury indictment of several priests accused of sexual abuse.

Ms. Smith's depth in child abuse investigation and prosecution enables her to assist clients in meeting their child protective services compliance requirements.

Ms. Smith relies on her experience as a prosecutor in assisting the Ballard Spahr domestic extremism team. She has worked primarily with the pharmaceutical industry to secure injunctions and contempt orders that have curtailed extremists' tactics and have made clients, their employees, and, most importantly, their employees' families feel more secure. She also works with relevant government agencies in these matters.

Professional Activities

American Bar Association

Pennsylvania Bar Association

Federal Bar Association, Philadelphia Chapter, Criminal Law Committee

American Prosecutors Research Institute, past faculty member

Children's Advocacy Center, National and Northeast Regional, past faculty member

National Association of College and University Attorneys (NACUA), CLE Committee

National District Attorneys Association, past faculty member

National Judicial College, past participant, Capital Improvements Initiative: Curriculum Development and Faculty Workshop

Pennsylvania Association of Criminal Defense Lawyers

Pennsylvania District Attorneys Association, past member

Pennsylvania Supreme Court Commission on Capital Education, faculty member, 2005-present

Temple University James E. Beasley School of Law, past Adjunct Professor, trial advocacy and "Sex Crimes and the Law"

University of Pennsylvania Law School, Adjunct Professor, trial advocacy

Recognition & Accomplishments

Recipient, Ballard Spahr's Annual Pro Bono Honor Roll award, each year since 2006

Recipient, Distinguished Advocate Award given by The Support Center for Child Advocates, for her commitment to abused and neglected children, 2005

Speaking Engagements

"Responding to Sexual Misconduct Allegations in the University Setting: Coordination with Law Enforcement," Massachusetts Association of Campus Law Enforcement Administrators, April 26, 2012

"Employee Training," ESF Summer Camps, Team Leadership Conference, Rosemont College, April 11, 2012, and May 7, 2011

"Responding to Sexual Misconduct Allegations in the University Setting: Policy Development and Implementation of Procedures," Virginia Department of Criminal Justice Services, Virginia Campus Safety Forum: Addressing Sexual Assault on Campus, March 20, 2012

"Understanding the Goals of Crisis Management, PR, and Media Management," Pennsylvania Bar Institute, Protecting Our Children: The Responsibility of Organizations, Philadelphia, February 27, 2012

"Title IX and the SaVE Act – Compliance, Due Process, Investigation and Prevention of Sexual Misconduct," Stetson University College of Law, 33rd Annual National Conference on Law and Higher Education, Orlando, February 18, 2012

Campus Sexual Violence Forum, U.S. Department of Justice, Washington, D.C., January 25, 2012

Pre-Conference Workshop – "Sexual Assault & Title IX: A Practical Guide to Implementing Policies & Procedures," Association for Student Conduct Administration, NASPA Student Affairs Law & Policy Conference, Arlington, Va., December 8, 2011

"Title IX Training: Handling Complaints of Sexual Harrassment and Sexual Violence; Responding to Sexual Misconduct Allegations in the University Setting; University Judicial Board Training," Eastern Michigan University, Ypsilanti, Michigan, November 9-10, 2011

"Title IX Training: Handling Complaints of Sexual Harrassment and Sexual Violence; Responding to Sexual Misconduct Allegations in the University Setting; Sexual Misconduct Judicial Board and Advisor Training," Wake Forest University, Winston-Salem, North Carolina, November 7-8, 2011

"Lessons From Tragedy: Legal, Professional, and Ethical Issues Raised by Bradley and Beyond," Widener University School of Law, Delaware Campus, Health Law and Professional Ethics and Liability, Widener University, November 4, 2011

"Campus Response to Sexual Misconduct Through the Lens of Enterprise Risk Management," National Association of College and University Attorneys (NACUA), November 3, 2011

"Prosecuting Non-Stranger Sexual Assault Cases: A Victim-Centered Approach," George Mason University, Fairfax, Virginia, September 13, 2011

"Handling Capital Cases for Appellate Judges," The National Judicial College, Reno, August 30, 2011

"Seminar of Selected Topics in the Investigation of Sex Offenses; The Credibility Case," University of Notre Dame, South Bend, Indiana, August 16, 2011

"Sexual Assault Prevention and Response Protocols: Complying with Federal Requirements," Saint Louis University, St. Louis, Missouri, August 4, 2011

"Coming into Compliance with OCR's Title IX Guidance," U.S. Department of Justice Office and the Mississippi Coalition Against Sexual Assault's Presentation on Violence Against Women, Atlanta, June 19-23, 2011

"Pennsylvania Task Force on Child Protection," General Assembly Panel, 2011 Federal Bench-Bar Conference, June 10, 2011

"Coming Quickly into Compliance with Major Title IX Revisions," Stetson University College of Law's Center for Excellence in Higher Education Law and Policy, May 18, 2011

"Handling Capital Cases," Capital Litigation Training Series, Pittsburgh, April 7-8, 2011; and Blue Bell, Pennsylvania, April 28-29, 2011

Panelist, "Sex Crime Allegations: Management and Best Practices in the University Setting," National Forum on Campus Sexual Assault: A Multi-Disciplinary Approach for Responding to Sexual Assault and Intimate Partner Violence on Campus, Hampton, Virginia, March 30, 2011

Panelist, "Walking the Line: Ethical Engagement with Industry" and "Effectively Managing your Legal Affairs," American Academy of Otolaryngology 2010 Annual Meeting & OTO EXPO, Boston, September 25-29, 2010

"Corporate Protests and Extremism in the Pre-Clinical Testing Arena: Management and Legal Strategies," New York State Bar Association, Annual Meeting of the  Food, Drug and Cosmetic Law Section, New York, January 28, 2010, and May 21, 2010

"Misclassification of Employees: Independent Contractors, Tax Implications, Wage and Hour, ERISA, Benefits Implications," Ballard Spahr Briefing, October 23, 2009

Panelist, "Walking the Line: Staying Clean in Physician–Industry Relationships" and "Effectively Managing your Legal Affairs," American Academy of Otolaryngology 2009 Annual Meeting & OTO EXPO, San Diego, October 4–7, 2009

Faculty Member, "Best Practices in Death Penalty Cases: A Workshop for Judges and Attorneys," The National Judicial College, April 24–25, 2009

"Sexual Misconduct: Management and Best Practices in the University Setting," May 2008, September 2008, and February 2009

Panelist, "Consulting for Industry: Staying Clean While Advising Companies," American Academy of Otolaryngology 2008 Annual Meeting & OTO EXPO, Chicago, September 21–24, 2008

"Cyber-Safety: Management and Best Practices in the Educational Setting," July 2008

"Animal Rights Extremism in the Criminal Arena," Best Practices in Managing Animal Rights Activism, symposium sponsored by Covance Laboratories, May 2008

Panelist, "Class is in Session: Addressing Harassment Issues Among Faculty, Staff and Students," Ballard Spahr Briefing, March 2008

"Negotiating Rebate Agreements: Effective Strategies for Optimal Rebate Agreements with Drug Manufacturers in Light of CMS Enforcement Priorities & Compliance Reforms," Medicare Revenue Management Summit, Scottsdale, Arizona, November 29–30, 2007

Presenter, Symposium on Global Security, addressing solutions for the pharmaceutical industry in navigating animal rights extremism, October 2007

Presenter, GC Mid-Atlantic Conference on Corporate Governance and Internal Investigations, September 2007

Panelist, "Legal Issues Faced by the Prescription Products Industry," Ballard Spahr CLE For Free, July 2007

"Part D Drug Rebates: Strategies for Minimizing a Serious Risk of Fraud and Abuse," AIS Audio Conference, June 2007

Panelist, "The McNulty Memo: Navigating The DOJ's New Guidelines for Investigating and Prosecuting Corporations," DELVACCA Seminar, April 2007

"Aggravating Factors, Handling Capital Cases," PBI Seminar, April 2007

"Handling Crisis Inside and Outside of the Organization," Women Inventing Next (WIN) Entrepreneurial Skills Development Series, March 2007

Panelist, "Corporate Responses to Misconduct–A Fresh Perspective," Ballard Spahr CLE For Free, December 2006

"Eyewitness Identification," Pennsylvania Association of Criminal Defense Lawyers, September and December 2006

Judicial Instructor, Capital Litigation Improvement Initiative, sponsored by The Supreme Court of Pennsylvania and The Administrative Office of the Courts, Managing Capital Cases, March 2006, October 2006, and March 2007

"Overcoming the Defenses–A Guide to Identifying and Overcoming Defense Theories in Sexual Assault Trials," Continuing Legal Education, 1995-2004

"Megan's Law–A Practical Guide for Sex Crimes Practitioners," Continuing Legal Education, December 2001

Publications

Co-author, "Federal Appeals Court Rejects Free Speech Claims of Animal Rights Activists," Ballard Spahr Litigation Alert, October 16, 2009

Co-author, "Pennsylvania Child Exploitation Law Carries Ramifications Regarding Employee Internet Usage," Ballard Spahr White Collar Litigation Alert, September 10, 2009

Co-author, "Penalties for Health Care Fraud and Abuse: January 2007–March 2008," Official Journal of the American Academy of Otolaryngology-Head and Neck Surgery Foundation, Inc., May 2009

"Corporate-Physician Relationships: A Need for Education," Official Journal of the American Academy of Otolaryngology-Head and Neck Surgery Foundation, Inc., March 2009

Co-author, "A Warning to Physicians: Changing Landscape of the Corporate-Provider Relationship," Official Journal of the American Academy of Otolaryngology–Head and Neck Surgery Foundation, Inc., August 2008

Co-author, "Walking the Line: Staying Clean in Physician-Industry Relationships," Official Journal of the American Academy of Otolaryngology–Head and Neck Surgery Foundation, Inc., August 2008

Co-author, "Avoiding Data Security Breaches: FTC Settles with The TJX Companies, Inc.,” Ballard Spahr White Collar Litigation Alert, April 1, 2008

"New Department of Justice Guidelines on Corporate Prosecutions: Does the Song Remain the Same?" American Bar Association, Business Law Today, July/August 2007 edition

"Jury Instructions: Effective and Practical Uses; Issues and Recent Changes," District Attorney's Continuing Legal Education, November 2005

"Capital Jeopardy," District Attorney's Continuing Legal Education, July 2005

"Special Victims Unit: Philadelphia," Continuing Legal Education, Lightstream Communications, May 2004

"Other Crimes Evidence," American Prosecutors Research Institute: Basic Training Manual, 1998 edition, 1999 edition, updated 2002, 2004

"Cross Examination in Sex Crimes Cases," American Prosecutors Research Institute: Basic Training Manual, 1999 edition

"The Overlap of Domestic Violence and Child Abuse," American Prosecutors Research Institute: Basic Training Manual, 1999 edition

"Overcoming the Defenses," The National Children's Advocacy Center Conference at Huntsville, Alabama, Training Manual, 1995 edition

Community Activities

Ms. Smith has served as a domestic-violence protocol trainer at the Philadelphia Police Department and as a guest speaker educating local high school, college, and law students about sexual assault, domestic violence, and legal career issues.

Board Memberships

Center City (Philadelphia) Crime Victim Services

Support Center for Child Advocates (development committee)

Operation Ava

Temple University James E. Beasley School of Law (J.D. 1987)

Saint Joseph's University (B.A. 1983)

Pennsylvania