Overview
Representative Matters
Insights
Awards

Tim has more than 30 years of experience litigating complex business disputes in state and federal courts across the U.S. He regularly represents companies and their officers and directors in litigation arising out of public disclosures, securities offerings, financing transactions and mergers and acquisitions, including securities class actions, shareholder derivative litigation, ERISA class actions, and post-closing disputes related to working capital adjustments, earn-outs, and breaches of representations and warranties.

Tim also has substantial experience in planning and performing internal investigations into alleged corporate misconduct, including investigations into complex financial and accounting fraud, and he regularly advises boards of directors, as well as special committees and individual directors and officers in corporate governance issues, risk management, and other related matters.

  • Obtained dismissal of a putative stockholder class action litigation brought against the three-person special committee of Voltari Corporation directors who negotiated a challenged multimillion-dollar going-private transaction with the controlling stockholder of Voltari Corporation. See Franchi v. Firestone, et al., 2020-0503-KSJM, 2021 WL 1893232 (Del. Ch. May 10, 2021).
  • Obtained a motion to dismiss a securities class action complaint filed against a former executive officer of a multinational foodservice company alleging misstatements and/or omissions in a proxy statement in violation of Section 14(a) and 20(a) of the Securities and Exchange Act of 1934 in connection with the company’s acquisition by a venture capital firm.
  • Obtained pre-discovery dismissal of multiple securities fraud class actions asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934 against financial holding company and individual officers and directors.
  • Obtained dismissal of all claims asserted against consumer financial services company and certain of its officers and directors in a securities fraud class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5.
  • Defeated preliminary injunction motions and secured dismissal of securities claims against former CEO and chairman of national home improvement retailer in state and federal litigation arising from the company’s stock option dating practices, return-to-vendor practices, and executive compensation.
  • Represented special committee of the board of directors of national real estate service provider in independent investigation in response to shareholder demand letter.
  • Secured full dismissal of a shareholder derivative action against a former executive officer of one of the world’s leading footwear and apparel companies based on allegations that the company lacked adequate internal controls for reporting employee misconduct.
  • Defeated preliminary injunction motions in multiple cases challenging merger transactions and alleging various breaches of fiduciary duty and violations of federal securities laws.
  • Obtained dismissal of shareholder derivative litigation against real estate investment trust.
  • Successfully resolved claims against national home builder and certain of its officers and directors in (1) a consolidated ERISA class action; (2) a consolidated securities fraud class action; and (3) state and federal derivative litigation.
  • Represent private investment firm in claims for state and federal securities fraud and breaches of representations and warranties in connection with a go-private merger transaction with a company listed on the Alternative Investment Market of the London Stock Exchange.
  • Obtained pre-discovery dismissal of ERISA class action against a former corporate director and officer.
  • Successfully litigated dispute with minority member of LLC who asserted claims for breach of fiduciary duty and breach of the operating agreement against the majority members.
  • Successfully defended brokerage firm in fraud claim related to purchase and sale of portfolio of securities between professionally managed investment funds.
  • Obtained pre-discovery dismissal of ERISA class action asserting breach of fiduciary duty and prohibited transaction claims against counsel to the ESOP Plan.
  • Obtained summary judgment in dissenters’ rights proceeding seeking fair value of shares following a corporate reorganization, including recovery of attorney’s fees incurred in the representation.
  • Obtained summary judgment on behalf of telecommunications company and individual officers and directors in putative securities fraud class action asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934.
  • Represented a foreign investor in an insider trading investigation.
  • Representation of clients in Department of Justice investigation.
  • Best Lawyers in America®: Litigation – Securities (2023)
  • Chambers USA: Litigation: Securities, Georgia (2022-2025)
  • Benchmark Litigation: “Local Litigation Star” in Georgia (2022, 2023-2025), “Future Litigation Star” (2016)
  • Achieved Martindale-Hubbell’s highest rating for legal ability and ethical standards
  • Atlanta Super Lawyer (2009-2024)
  • Georgia Trend “Legal Elite” (2005, 2006, 2009, 2011)
  • Selected as a Georgia Rising Star in Securities Litigation by Law & Politics and Atlanta Magazine (2005, 2007)

Tim has more than 30 years of experience litigating complex business disputes in state and federal courts across the U.S. He regularly represents companies and their officers and directors in litigation arising out of public disclosures, securities offerings, financing transactions and mergers and acquisitions, including securities class actions, shareholder derivative litigation, ERISA class actions, and post-closing disputes related to working capital adjustments, earn-outs, and breaches of representations and warranties.

Tim also has substantial experience in planning and performing internal investigations into alleged corporate misconduct, including investigations into complex financial and accounting fraud, and he regularly advises boards of directors, as well as special committees and individual directors and officers in corporate governance issues, risk management, and other related matters.

  • Obtained dismissal of a putative stockholder class action litigation brought against the three-person special committee of Voltari Corporation directors who negotiated a challenged multimillion-dollar going-private transaction with the controlling stockholder of Voltari Corporation. See Franchi v. Firestone, et al., 2020-0503-KSJM, 2021 WL 1893232 (Del. Ch. May 10, 2021).
  • Obtained a motion to dismiss a securities class action complaint filed against a former executive officer of a multinational foodservice company alleging misstatements and/or omissions in a proxy statement in violation of Section 14(a) and 20(a) of the Securities and Exchange Act of 1934 in connection with the company’s acquisition by a venture capital firm.
  • Obtained pre-discovery dismissal of multiple securities fraud class actions asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934 against financial holding company and individual officers and directors.
  • Obtained dismissal of all claims asserted against consumer financial services company and certain of its officers and directors in a securities fraud class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5.
  • Defeated preliminary injunction motions and secured dismissal of securities claims against former CEO and chairman of national home improvement retailer in state and federal litigation arising from the company’s stock option dating practices, return-to-vendor practices, and executive compensation.
  • Represented special committee of the board of directors of national real estate service provider in independent investigation in response to shareholder demand letter.
  • Secured full dismissal of a shareholder derivative action against a former executive officer of one of the world’s leading footwear and apparel companies based on allegations that the company lacked adequate internal controls for reporting employee misconduct.
  • Defeated preliminary injunction motions in multiple cases challenging merger transactions and alleging various breaches of fiduciary duty and violations of federal securities laws.
  • Obtained dismissal of shareholder derivative litigation against real estate investment trust.
  • Successfully resolved claims against national home builder and certain of its officers and directors in (1) a consolidated ERISA class action; (2) a consolidated securities fraud class action; and (3) state and federal derivative litigation.
  • Represent private investment firm in claims for state and federal securities fraud and breaches of representations and warranties in connection with a go-private merger transaction with a company listed on the Alternative Investment Market of the London Stock Exchange.
  • Obtained pre-discovery dismissal of ERISA class action against a former corporate director and officer.
  • Successfully litigated dispute with minority member of LLC who asserted claims for breach of fiduciary duty and breach of the operating agreement against the majority members.
  • Successfully defended brokerage firm in fraud claim related to purchase and sale of portfolio of securities between professionally managed investment funds.
  • Obtained pre-discovery dismissal of ERISA class action asserting breach of fiduciary duty and prohibited transaction claims against counsel to the ESOP Plan.
  • Obtained summary judgment in dissenters’ rights proceeding seeking fair value of shares following a corporate reorganization, including recovery of attorney’s fees incurred in the representation.
  • Obtained summary judgment on behalf of telecommunications company and individual officers and directors in putative securities fraud class action asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934.
  • Represented a foreign investor in an insider trading investigation.
  • Representation of clients in Department of Justice investigation.
  • Best Lawyers in America®: Litigation – Securities (2023)
  • Chambers USA: Litigation: Securities, Georgia (2022-2025)
  • Benchmark Litigation: “Local Litigation Star” in Georgia (2022, 2023-2025), “Future Litigation Star” (2016)
  • Achieved Martindale-Hubbell’s highest rating for legal ability and ethical standards
  • Atlanta Super Lawyer (2009-2024)
  • Georgia Trend “Legal Elite” (2005, 2006, 2009, 2011)
  • Selected as a Georgia Rising Star in Securities Litigation by Law & Politics and Atlanta Magazine (2005, 2007)

Education

  • University of North Carolina School of Law, J.D., 1993
  • Appalachian State University, B.A., 1989

Bar Admissions

  • Georgia

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • Supreme Court of Georgia
  • Court of Appeals of Georgia
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Middle District of Georgia
  • Speaker, “Recent Securities Decisions and Trends to Watch,” March 20, 2024.
  • Speaker, “Securities Litigation and Disclosure Issues,” COVID-19 Litigation Podcast Series, COVID-19 Resource Center, April 21, 2020.
  • Presenter, “The #MeToo Movement: Steps that Business Executives, Board Members and Legal and Compliance Counsel Need to Take to Protect Their Company,” Troutman Sanders Webinar, March 2018.
  • Speaker, “Trends in SEC Enforcement & Securities Litigation,” Association of Corporate Growth, Costa Mesa, CA, May 22, 2014.