Gina M. Smith

Litigation, Complex Commercial Litigation, Corporate and Government Investigations and White Collar Defense, Health Care, Higher Education

Gina Maisto Smith is a partner in the Litigation Department and a member of the Complex Commercial Litigation, Corporate and Government Investigations and White Collar Defense, and Higher Education Groups, and the Medicare Part D compliance team in the Health Care Group.

Ms. Smith focuses her practice on developing corporate compliance and governance programs for public and private clients of all sizes and across all industry segments. She counsels clients on immigration issues regarding compliance with Immigration and Customs Enforcement (ICE) and Immigration Reform and Control Act (IRCA). She works in tandem with Ballard Spahr's Labor, Employment and Immigration Group, whose extensive experience in sexual harassment policy development, legal updates, training, investigation, and litigation complement her practice.

With nearly two decades of experience as an Assistant District Attorney in the Philadelphia District Attorney's Office, Ms. Smith is a veteran litigator. She conducts sensitive internal investigations and defends corporations and individuals facing criminal investigation and prosecution by federal, state, and regulatory authorities. She is particularly well versed in Medicare fraud and abuse compliance issues, an area she believes is poised to become a significant enforcement priority for the Centers for Medicare & Medicaid Services and the U.S. Department of Health and Human Services Office of Inspector General.

While in the District Attorney's Office, Ms. Smith prosecuted high-profile homicide, rape, and complex criminal cases. She was responsible for the investigation, preparation, and prosecution of more than 100 jury trials and thousands of bench trials. Additionally, she trained and mentored new Assistant District Attorneys through the American Prosecutors Research Institute and the National District Attorneys Association.

After dedicating 15 years solely to sexual assault, from child abuse to acquaintance rape, Ms. Smith is well versed in all aspects pertaining to the investigation and prosecution of sex crimes. In addition to prosecuting such crimes, she has trained investigators, social workers, counselors, prosecutors, and other professionals in the management, investigation, and prosecution of sexual assault.

As a prosecutor watching academia struggle with myriad issues surrounding sexual misconduct, Ms. Smith grew interested in helping create a solution to that rock-and-hard-place position schools often face in managing allegations of sexual misconduct. She has become adept at guiding colleges and universities through such challenges, including the management of criminal conduct, investigations, communications with law enforcement, Clery Act requirements, disciplinary proceedings, and the interplay of civil and criminal proceedings.

Ms. Smith assists college and university clients in avoiding the pitfalls of an improperly conducted investigation and ensuring that their response does not compound the problems created by crises. She has developed a niche practice of assisting college and university, as well as corporate, clients in managing misconduct allegations, with a focus on sexual misconduct.

Recently, Ms Smith has invested her criminal litigation experience 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 brought peace of mind to clients and their employees. She has assisted in coordinating investigations and home security with corporate agencies, and successfully maintained a dialogue with local, state, and federal law enforcement authorities to effect a coordinated response to threats to corporate security and business operations.

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 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

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

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

Speaking Engagements

"Corporate Protests and Extremism in the Pre-Clinical Testing Arena: Management and Legal Strategies," New York State Bar Association's Food, Drug and Cosmetic Law Section CLE Program, New York, May 21, 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

"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

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

Archdiocese of Philadelphia

Center City (Philadelphia) Crime Victim Services

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

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

Pennsylvania 1987