Nate Smith – Norfolk Southern

When Nate Smith spoke to Vanguard magazine in mid-September, he had just returned from a trip to East Palestine, Ohio, where he completed a $600 million settlement of a class-action lawsuit related to the Norfolk Southern freight train derailment that occurred in the town on Feb. 3, 2023.

Nate Smith | Norfolk Southern | General Counsel

Smith, the company’s general counsel focused on the litigation strategy for the East Palestine incident, joined Norfolk Southern several months after the derailment, which caused a leak of chemicals carried by rail cars. The decision was made later to conduct a controlled release of the chemicals. This resulted in a large smoke plume that made headlines worldwide and raised concerns among locals that the chemicals polluted their air and water.

Most attorneys might have passed on the opportunity to board an organization dealing with a major public incident and the challenges that come with it, including the likelihood of significant litigation. But Smith doesn’t shy away from pressure or challenging situations—he thrives on them.

“I joined Norfolk to help them navigate the myriad of legal issues post-derailment,” Smith tells Vanguard during an interview in mid-September.

Smith has always thrived in high-stakes environments, from his days as a federal prosecutor to managing the complex legal fallout of a train derailment. His journey has been marked by a commitment to justice, problem-solving and leadership by example. A man with a diverse resume spanning national security cases, groundbreaking litigation for Tesla and a deep passion for rebuilding trust in broken systems, Smith has always run toward the most demanding challenges.

In his current role at Norfolk Southern, Smith’s day-to-day responsibilities are anything but routine.

“You’re never bored,” he says.

The complexity of working at a railroad company involves navigating a web of regulations, union workforce issues, labor and employment disputes and keeping shareholders and Congress informed. It’s the sort of place where Smith’s wide-ranging legal background fits naturally, especially given his litigation focus.

Riding the litigation train

Much of his current workload revolves around the aftermath of the train derailment in Ohio. Norfolk Southern recently settled a $600 million lawsuit in the state, part of a broader effort to fulfill its promise to “make it right.” Smith was on the ground for the settlement, hopeful the relief would go to the affected people. The settlement, part of a master class action lawsuit, is one of many that have sprung from the incident. He notes that the type of litigation surrounding the derailment has been unusually diverse, requiring legal expertise across various areas, from community claims and shareholder and securities litigation to government lawsuits.

The Department of Justice filed and settled a lawsuit against the company earlier this year. Like many other cases in Smith’s portfolio, it is still pending in court. Responding to the derailment has been a team effort for Smith and others who support him, including those in the legal department, government relations, community support and operations.

“It’s extraordinary, not just lawyers,” Smith says, praising the collaborative spirit of everyone involved. “You’re just relying on people to do their jobs extremely well.”

Smith’s role within Norfolk Southern stands out from other general counsel positions. As he explains, he’s the only divisional general counsel at the company without an “Of What” in his title, reflecting his focus on high-profile litigation. While other divisions have general counsels, Smith’s expertise is called upon when the stakes are exceptionally high. His prosecutorial experience has proven invaluable in these situations. He credits his time as a federal prosecutor at the Department of Justice for preparing him to handle the significant litigation he now oversees.

“You’re in front of the ultimate decision-makers because you understand how judges think,” he says.

More than that, it has helped him develop essential people skills, sharpen communication, and solidify his ethical compass—an attribute he considers crucial in guiding a company through turbulent times.

A unique path

Smith’s legal career has never followed a typical path. He earned a degree in political science from Howard University and a JD from Yale Law School.

After beginning his career at prestigious firms like Wachtell, Lipton, Rosen & Katz, where he represented indigent individuals facing criminal prosecution, as well as handling high-stakes corporate securities and antitrust matters, and Kirkland & Ellis, where he worked on high-profile cases—including a pro bono effort to secure additional funding for Maryland’s Historically Black Colleges and Universities (HBCUs)—Smith spent nearly five years as an Assistant U.S. Attorney for the Eastern District of Virginia, leading investigations and prosecuting complex cybercrime cases.

“From combatting state-sponsored hacking to protecting our children to exposing fraud against the vulnerable, my job as a prosecutor was to achieve justice—that meant the relentless pursuit of the truth, respect for the rule of law, and being fair even while seeking accountability,” Smith recalls.

From there, Smith jumped to Tesla, where he was driven by the company’s mission to “help protect the planet” through sustainable energy and innovation. After a few years in that role, he took the opportunity to join Norfolk Southern.

“Every kid grows up loving trains,” he reflects, “and it is a strong part of the economy. After working for a company known for fast cars and cutting-edge technology, I’m now working for a railroad—the most environmentally sustainable way to transport freight.”

Yet, for Smith, it’s all about the mission.

“I look for places where there is a mission I can get behind,” he explains.

Facing challenges head-on

Smith’s passion for addressing challenges head-on was instilled early in life. His father, the first African American to serve as a prosecutor in Greenville, South Carolina, set a powerful example.

“I had a strong view of good people needing to respond to challenges,” Smith recalls.

His father’s solo law practice was dedicated to defending those whose rights were violated, giving Smith an early introduction to the law as a tool for justice. His brother, now a lawyer in Los Angeles, followed a similar path.

Smith’s legal journey has been marked by pivotal moments. He clerked for a federal judge in North Carolina during the high-profile John Edwards trial, which tested his legal mettle early in his career. Later, when he was a junior attorney at Kirkland & Ellis, his first appearance in a case involved fighting for Historically Black Colleges and Universities—something that resonated with him, given that he and his mother both attended HBCUs.

“I wanted to be a part of that legacy,” Smith says, recalling his decision to attend Howard University.

Leading by example has always been central to Smith’s approach, whether in court or within his legal team.

“I don’t lead by positional authority,” he says.

Instead, he focuses on finding ways for people to use their talents and skills to achieve shared goals.

“My job is to make sure we’re utilizing the skills and expertise of the team to reach our collective mission and to make sure we have a culture where everyone feels comfortable contributing,” he says.

Outside the office, Smith unwinds by shooting hoops—an hour alone on the basketball court helps him “detox” from the pressures of litigation. A lifelong Lakers fan, basketball has been one of his few constants in a career full of transitions and new challenges. But that variety and the constant stream of complex, high-profile issues keep him engaged.

“Doing the same thing repeatedly wouldn’t work for me,” he admits.

Despite the heavy issues he deals with daily, from the Ohio derailment to shareholder and securities matters and federal regulations, Smith remains grounded by a sense of purpose and his wife and daughter.

“I am very lucky, despite dealing with complex and heavy issues, to have had the career I’ve had,” Smith says.

His legal career, driven by a love for justice, fast cars, and even the occasional Disney Princess train set for his daughter, has positioned him as a leader who manages crises and helps his company emerge stronger on the other side.