Tim’s practice focuses on securities, corporate governance, and deal-related litigation, securities enforcement matters, and other complex commercial disputes. Tim represents public and private companies, large not-for-profit institutions, directors, management, and private equity sponsors in all phases of litigation and regulatory enforcement. Tim also draws on his litigation experience to advise clients on litigation, regulatory, and related risks weighing on critical business decisions and transactions.
Tim’s active pro bono practice includes his role as first chair trial counsel winning asylum for a man persecuted in his native Somalia for teaching English, as lead associate in Ropes & Gray’s recent partnership with GLAD to obtain an important ruling in the Massachusetts Supreme Judicial Court securing full parental rights for children of unmarried LGBT parents, and on the team that defeated Louisiana’s major health insurers’ attempt to refuse federal Ryan White premium assistance for low-income Louisianans living with HIV in the first reported case under the Affordable Care Act’s anti-discrimination provisions.
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.
Corporate Governance & Securities Litigation
- Regularly counsels buyers and sellers on risks and legal obligations attendant to complex business acquisitions and investments.
- 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.
- 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.
- 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.
- 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.)
- Represented directors of a prominent hospitality group in defeating activist investor’s attempt to force an interim board of directors election based on alleged violations of federal proxy solicitation laws.
- Represented numerous issuers and their principals facing “short-swing” insider trading allegations under Section 16(b) of the Securities Exchange Act.
Complex Commercial Litigation
- Lead associate on trial team securing decisive trial victory in the Delaware Court of Chancery for Fortune 500 company in a business-critical contract dispute that proceeded from pleading to trial on an expedited five-month timetable.
- Lead associate in contract dispute in United States District Court for Northern District of Illinois on behalf of 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.
- Guided global energy services firm to favorable resolution of vendor contract dispute.
- Prosecuted a multi-year, multi-jurisdiction complex commercial dispute on behalf of a prominent health care services company, 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.
- Obtained dismissal of a consumer class action against a major hospital system related to its billing and collection practices.
- Represented an industry-leading software company in a multi-million dollar contract dispute with a former executive, culminating in an advantageous settlement.
- Representing prominent not-for-profit organization in complex array of federal and state rule-making and other regulatory proceedings.
- Lead associate on team conducting expedited internal investigation into accounting issues facing major U.S. health care system 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.
- 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)