David B. Smith is a Partner at DLA, LLC in the Forensics, Valuation & Litigation Support practice. David has over 30 years of business advisory expertise in litigation support, economic damage analysis, forensic accounting, and business valuation. David has testified over 30 times as an expert witness on a broad array of disputes in both State and Federal Courts and in arbitration proceedings. His expertise includes shareholder disputes, breach of contract, business interruption, tortious interference, breach of fiduciary duty, usurpation of corporate opportunity, class actions, insurance claims, patent infringement, construction claims, and divorce proceedings.

David has assisted in settlement, mediation or arbitration proceedings, in addition to serving as an expert witness at trial. As a damages expert and certified business appraiser, he has prepared hundreds of economic damages and valuation reports for shareholder disputes, breach of contract, diminution of business value, breach of contract, gifts and estate, sales and acquisitions and divorce proceedings. His experience in damages and valuation covers hundreds of companies in a wide variety of industries including manufacturing companies, nursing homes and assisted living facilities, auto dealerships, medical practices, MRI facilities, law firms, distributors, import/export companies, restaurants, wealth management and investment companies, franchisees, software companies and real estate companies to name a few. His extensive matrimonial experience covers complex matters involving valuation of business interests, forensic investigations, lifestyle spending analyses, net worth statements, evaluation of deferred compensation, and determination of the true income/cash flow of the parties. 

Prior to joining DLA, David was a Partner at EisnerAmper LLC in the firm’s Forensic, Litigation and Valuation Services Group. He has published articles with the Metropolitan Corporate Counsel, American Academy of Matrimonial Lawyers (AAML) New Jersey, and the National Business Institute. David presents and lectures on topics such as damages, valuations, and other forensic matters. He has lectured at Rider College and given presentations to the New Jersey Institute for Continuing Legal Education, AAML, National Business Institute, NJSCPA Litigation Support/Damages Conference, and American Inns of Court.

Select Publications & Speaking Engagements

• The Million Dollar Claim – How to Make it Stick 
• Pass-Through Income and Expenses and Their Impact on Your Tax Return
• Damages – An Early Case Assessment
• How to Read a Tax Return
• Business Valuation in Litigation
• Financial Statements and Tax Returns – Comparative Reporting and Differences Every Lawyer Should Know
• Commercial Damages and Avoiding Net Opinions 
• Tax Deductibility of Counsel Fees/Expert Fees 
• “Business Divorce” Working with Shareholders and Partnership Disputes
• Complex Litigation with International Aspects
• Matrimonial Math
• American Tax Relief Act, Understanding the Fiscal Cliff
• Quantifying Lost Profits
• Valuation Considerations for Start-Up or Pre-IPO Companies for Equitable Distribution in Matrimonial Proceedings
• Accounting 101 for Attorneys
• Case Study on Built-in-Gains in Shareholder Litigation
• Forensic Accountant Follows the Facts
• Shareholder Damages Buyout Case Study
• Divorce Valuation and Forensics
• Savings as Component of Lifestyle
• Lost Profits or Lost Value? Contrasting Approaches to Lost Profit Analyses
• Sensitivity Comparison of Key Value Drivers Under the Income Approach
• Valuation Basics
• Valuation: When a Passive Asset Becomes Active
• Business Valuations
• Tax Aspects of Divorce in New Jersey

Prior Work Experience

• • EisnerAmper LLP
  • Amper, Politziner & Mattia, P.C.
  • PricewaterhouseCoopers, LLP
  • Peterson & Company

Education, Certifications & Affiliations

• • B.S., Indiana University
  • Certified Public Accountant (CPA)
  • Accredited in Business Valuation (ABV)
  • Certified in Financial Forensics (CFF)
  • American Institute of Certified Public Accountants (AICPA)
  • New Jersey Society of Certified Public Accountants (NJSCPA)
  • Supreme Court of NJ District VIII Ethics Committee (2015-2018 term)

Office Contact Information

Address: 55 Lane Road, Suite 310, Fairfield, NJ 07004

Office: (732) 383-8880

Fax: (973) 575-1615