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David L. Hayden

Of Counsel
AA Contact Info

Sarah Herklotz
Phone: 919.821.6749
sherklotz@smithlaw.com

Overview

David Hayden joined Smith Anderson in 2011, after serving as the general counsel and board secretary for USfalcon, Inc. David has extensive experience in government contracting, corporate investigations (internal and government) and employment law. He regularly advises companies and their directors and officers on corporate governance matters and other general corporate and business matters. He also represents a variety of defense contractors, advising on a broad range of federal contracting issues such as bid protests, teaming agreements, subcontract agreements, joint ventures, the Small Business Administration 8(a) Business Development program, International Trafficking in Arms Regulations (ITAR), Corporate Ethics, and organizational conflicts of interest (OCI) compliance issues.  He has a high level government security clearance.

David previously served as an Assistant United States Attorney for the Eastern District of North Carolina, investigating and prosecuting federal crimes as well as supervising all military attorneys authorized to practice in federal court in eastern North Carolina. He also conducted federal procurement fraud investigations in government contracting as a member of the Department of Justice Procurement Fraud Task Force for the Southeast.

Military Service

Colonel, United States Army retired, Corps of Engineers and the Judge Advocate General Corps

COL Hayden served as both an Engineer and Judge Advocate Generals (JAG) Corps Officer in the United States Army during a 29 year active military career. Highlights include 12 years in airborne assignments at Fort Bragg, NC; engineer company commander; criminal law professor and department head at the U.S. Army JAG School; senior litigation attorney and branch chief for the U.S. Army Litigation Division; deployment to Afghanistan as the senior legal advisor to the theater commander in 2002-2003; and senior legal advisor to NORAD and the United States Northern Command. He also served on the Joint Staff in the Pentagon, participating in many federal government interagency panels and working groups.  He retired in 2005 and moved to Raleigh, North Carolina. COL Hayden is a graduate of the U.S. Military Academy, the U.S. Army Command and General Staff College and the National War College.

  • Assistant District Governor, Rotary District 7710 (2015-2017)
  • Past Chairman, Board of Directors, North Carolina Defense Business Association
  • Past Chairman, Board of Directors, North Carolina Heroes Fund
  • Member, Board of Directors, Veterans Leadership Council of North Carolina-Cares
  • Member, North Carolina Bar Association's Council of Military & Veterans Law Section
  • Member, North Carolina State Bar, Legal Assistance & Military Personnel Committee
  • Government Vendor Committee, North Carolina Technology Association
  • Stewardship Committee Member, Former Senior Warden & Vestry Member, St. Michael’s Episcopal Church
  • Former Assistant Scout Master, Troop 357, Boy Scouts of America
  • Member, Triangle Institute for Strategic Studies
  • Former Chairman, Albemarle County Special Education Advisory Committee, VA
  • 82nd Airborne Division Association
  • Association of Graduates of the United States Military Academy
  • North Carolina State Alumni Association
  • Association of the United States Army
  • The National War College Alumni Association
  • Listed, Business North Carolina Legal Elite, Corporate (2011)
  • Former holder of the MG Kenneth G. Hobson Chair in Criminal Law for TJAGSA
  • TJAGSA Alumni Association Professional Writing Award

Military Awards

  • Defense Superior Service Medal
  • Legion of Merit
  • Bronze Star Medal
  • Defense Meritorious Service Medal
  • Meritorious Service Medal with six oak leaf clusters
  • Joint Meritorious Unit Award with two oak leaf clusters
  • National Defense Service Medal with two bronze stars
  • Global War on Terrorism Expeditionary Medal
  • Global War on Terrorism Service Medal

Military Qualification Badges

  • Joint Chiefs of Staff Identification Badge
  • Ranger Badge
  • Master Parachutist Badge
  • Air Assault Badge
  • Japanese Airborne Badge
  • German Airborne Badge
  • Australian Airborne Badge

News & Publications

News

Events & Webinars

Events

  • Presenter, "New Developments in Military & Veterans Law in North Carolina," 2017 NC Bar Association's Paralegal Division Annual Meeting, Pinehurst, N.C.
    05.2017
  • Presenter, "Technical and Legal Small Business Issues," FEDCON 2016 Summit, Wilmington, N.C.
    10.27.2016
  • Panelist, "Building Your Small Business with Teaming and Joint Ventures," North Carolina Military Business Center's 15th Annual North Carolina Defense and Economic Development Trade Show, Fayetteville, N.C.
    08.2016
  • Co-Presenter, "Government Contracting and Set Aside Programs," live broadcast on WCOM LPFM: Carrboro Community Radio, Chapel Hill, N.C.
    04.2016
  • Co-Presenter, "Certifications and Affiliations," Opportunities 2016 Conference, Asheville, N.C.
    03.2016
  • Speaker, "19th Annual Government Contracting Update," Durham, N.C.
    11.2014
  • Co-Presenter, "Teaming Agreements, Bid Protests and Contract Administration," North Carolina Military Business Center’s 2014 Defense Contractor Academy, Cary, N.C.
    03.2014
  • Co-Presenter, "Opportunities 2014 Conference," Government Contracting Panel hosted by the North Carolina and South Carolina Procurement Technical Assistance Center and The NC Small Business Technology Development Center, Asheville, N.C.
    03.2014
  • Co-Presenter, "Government Contracting: Legal and Accounting Issues," NC Association of Certified Public Accountants’ 74th Annual Symposium, Greensboro, N.C.
    11.2013
  • Speaker, 18th Annual Government Contracting Update, Durham, N.C.
    11.2013
  • Speaker, "Bid Protests and Debriefings," NC Military Business Center’s 2013 Defense Contractor Academy, Charlotte, N.C.
    10.2013
  • Speaker, "Mentor-Protégé Programs and SBA Audit – Best Practices," Small Business and Technology Development Center’s Supplier Diversity Workshop, Cary, N.C.
    05.2013
  • Speaker, "Contract Protest – Don’t Panic," NC Defense Business Association, Connecting Leaders in Military Business event, Fayetteville, N.C.
    04.2013
  • Speaker, "Structuring Strategies for Business Growth," NC VetBiz Association Annual Meeting, Research Triangle Park, N.C.
    03.2013
  • Speaker, "It is Easy to Avoid Ethics, but Impossible to Escape the Consequences … and Other Lessons for Government Contractors," Meeting of the RTP Park Chapter of the National Contract Management Association, Fayetteville, N.C.
    11.2012
  • Speaker, "17th Annual Government Contracting Update," Research Triangle Park, N.C.
    11.2012
  • Panelist, "Bid Protests," Strategic Consulting Solutions 2012 Annual Government Contracting Seminar, Raleigh, N.C.
    10.2012
  • Speaker, "Contracting with the Federal Government," NC Bar Association Business Law Institute, Pinehurst, N.C.
    2012
  • Speaker, "Teaming Agreements: Joint Ventures and Subcontracting," NC Military Business Center 2012 Defense Contractor Academy, Charlotte, N.C.
    2012
  • Speaker, "SBA Issues Final Rules, The Changing Landscape for Small Business Contracting," 16th Annual Government Contracting Update, Raleigh, N.C.
    12.2011
  • Speaker, "Teaming Agreements: Joint Ventures and Subcontracting," NC Military Business Center 2011 Defense Contractor Academy, Raleigh, N.C.
    2011

Bar & Court Admissions

  • North Carolina
  • Texas (inactive)
  • U.S. Court of Appeals for the Armed Forces
  • U.S. Army Court of Criminal Appeals
  • Supreme Court of the United States

Education

United States Army Judge Advocate General's School, LLM

The University of Texas School of Law, J.D. with honors

North Carolina State University, M.B.A.

The National War College, M.S., National Security Strategy

United States Military Academy, B.S., distinguished graduate (Top 5%)

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