Adjunct Professor of Law
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.