Tim is an experienced and accomplished advocate, representing public and private companies, private equity sponsors, large not-for-profit institutions, and their principals in complex litigation matters from pre-suit strategy through trial and appeal. Tim’s practice focuses on disputes involving mergers and acquisitions, corporate governance, securities and shareholder claims, and other high-stakes commercial matters. Drawing on his extensive litigation experience, Tim also counsels institutional clients on litigation, regulatory, and related risks and considerations weighing on key business decisions and transactions.
Committed to Ropes & Gray’s mission to “Practice with Purpose,” Tim’s active pro bono practice includes his roles as (i) Ropes & Gray’s first chair trial counsel in a pending federal civil rights challenge to the State of Iowa’s use of solitary confinement and mechanical restraints at its juvenile correctional facility for boys, (ii) first chair trial counsel winning asylum for a man persecuted in his native Somalia for teaching English, and (iii) lead associate in Ropes & Gray’s partnership with GLAD to obtain an important ruling in the Massachusetts Supreme Judicial Court securing full parental rights for children of unmarried LGBT parents.
Prior to joining the firm, Tim served a fellowship year as Special Assistant Corporation Counsel for the City of Chicago, co-chairing three federal jury trials in the Northern District of Illinois, and winning favorable verdicts and dismissals for the City and City employees in several cases.
Complex Commercial Litigation
- Regularly represents prominent private equity sponsors in pre- and post- closing disputes involving representations and warranties, earn-outs, fraud, insurance coverage, and other deal-related issues.
- Leading Medical Device Company. Obtained complete dismissal with prejudice of putative nationwide consumer fraud class action brought against a leading medical device company in the Central District of California.
- Bain Capital. Part of Ropes & Gray’s cross-practice-group team representing Bain Capital in its $18 billion acquisition of Toshiba Memory Corporation from Toshiba Corporation, then the largest leveraged buyout and private equity deal ever in Asia.
- TravelCenters of America. Lead associate on trial team securing decisive trial victory in the Delaware Court of Chancery for the Fortune 500 company in a business-critical contract dispute that proceeded from pleading to trial on an expedited five-month timetable.
- Nationwide Children’s Hospital. Lead associate in contract dispute in United States District Court for Northern District of Illinois on behalf of the largest pediatric hospital in the United States; obtained dismissal of all claims brought against the hospital seeking royalties for certain inventions licensed by the client to a third party on initial motion to dismiss and, after plaintiff filed amended complaint, obtained dismissal with prejudice of plaintiff’s primary claim, leading to a favorable resolution of the case.
- East v. Blue Cross and Blue Shield of Louisiana, et al. (M.D. La. 2014). Defeated Louisiana’s major health insurers’ attempt to refuse federal Ryan White premium assistance for low-income Louisianans living with HIV, after prosecuting the first reported case under the Affordable Care Act’s anti-discrimination provisions.
- Prominent health care services company. Prosecuted a multi-year, multi-jurisdiction complex commercial dispute, securing numerous favorable rulings in state and federal court, including affirmance by the Sixth Circuit Court of Appeals of the lower court’s favorable ruling on a jurisdictional issue of first impression, and dismissal of counterclaims against the client, culminating in a favorable resolution.
- Prominent hospital system. Obtained dismissal of a consumer class action related to major hospital system’s billing and collection practices.
Corporate Governance & Securities Litigation
- BioMimetic Therapeutics, Inc. Secured dismissal with prejudice of a federal securities fraud class action on behalf of a biotechnology company related to alleged misstatements regarding its pivotal developmental product and FDA approval. Secured affirmance of that dismissal from the Sixth Circuit Court of Appeals. (The rulings have broad industry implications concerning the responsibilities of a biotechnology company with respect to the dissemination of non-public FDA communications.)
- Prominent private equity sponsor. Obtained complete dismissal with prejudice of complex “short swing” insider trading action under Section 16(b) of the Securities Exchange Act in the Southern District of New York on behalf of private equity sponsor.
- Prominent private equity sponsor. Defended private equity sponsor in a combination class action / derivative suit in the Delaware Court of Chancery challenging a complex business merger and recapitalization transaction post-closing.
- Prominent hospitality group. Represented directors in defeating activist investor’s attempt to force an interim board of directors election based on alleged violations of federal proxy solicitation laws.
- Represented several corporate clients and their boards of directors in resolving merger & acquisition related litigation, achieving shareholder approval, closing on schedule, and obtaining dismissal of claims.
- Represented numerous issuers and their principals facing “short-swing” insider trading allegations under Section 16(b) of the Securities Exchange Act.
- The American Kidney Fund. Representing the prominent charity nationwide in various matters related to insurers’ attacks on charitable health care assistance and allegations of improper “steering” of Medicare-eligible dialysis patients onto private plans, including civil litigations and interactions with CMS and state insurance regulators.
- Major health care system. Lead associate on team conducting expedited internal investigation into accounting issues in connection with debt securities issuance.
- Represented various individuals under investigation by the SEC for insider trading, financial fraud, and books and records violations.
Other Pro Bono
- Representing asylum seekers before the U.S. Department of Justice.
- Secured favorable plea agreement and probationary sentence for individual facing federal felony charges.
- Prosecuted consumer fraud claims and secured a favorable settlement for defrauded small business owner.
- Secured early termination of federal supervised release for indigent clients.
- Successfully represented indigent clients before the Chicago Department of Administrative Hearings.
- Profiled, “40 under 40: Timothy Farrell,” The Chicago Daily Law Bulletin and Chicago Lawyer (September 2019)
- Co-author, “Northern District of Illinois Updates Mandatory Initial Discovery Pilot Project,” Ropes & Gray Alert (January 11, 2019)
- Co-author, “The Pilot Program in Practice: A Comparison of Pre- and Post-Program Resolutions,” The FCPA Report (July 13, 2016)
- Co-author, “Make No Mistake: The “New Normal” of Aggressive Anti-Money Laundering Enforcement Against Financial Institutions,”Bloomberg BNA White Collar Crime Report (May 1, 2015)
- Co-author, “A New Anti-Money Laundering Enforcement Paradigm: Questions & Lessons From JPMorgan’s Deferred Prosecution,”Bloomberg BNA White Collar Crime Report (February 21, 2014)
- Co-author, “Much Ado About The Crime Of Doing Nothing,” Law360 (August 2012)
- Co-author, “Securities Fraud Enforcement (Without the Fraud): The Rise of Negligent Securities Fraud Under §§ 17(a)(2) and (3) of the 1933 Securities Act,” Securities Regulation & Law Report (March 2012)
- JD, cum laude, New York University School of Law, 2010; Vanderbilt Medal; Moot Court Honorary Board
- MM, Manhattan School of Music, 2004
- BA, cum laude, Northwestern University, 2002