J. Timothy Mast

Partner

Atlanta
Business Phone: 404.885.3312
Business Fax: 404.962.6796

tim.mast@troutman.com

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Tim Mast has over 20 years of experience litigating complex business disputes and is a partner in the Securities Litigation and Business Litigation practices at Troutman Sanders. His cases involve allegations of fraud, breach of fiduciary duty and other business torts including securities class actions, shareholder derivative cases, merger challenges, ERISA litigation and other complex commercial litigation. Tim also has substantial experience in planning and performing internal investigations into alleged corporate misconduct, including investigations into complex financial and accounting fraud.

He regularly represents public companies and their officers in litigation arising out of public disclosures, securities offerings, mergers and acquisitions, financing transactions and other transactional litigation including post-closing disputes related to working capital adjustments, earn-outs and breaches of representations and warranties. Tim also represents boards of directors, as well as special committees and individual directors and officers, in shareholder disputes and derivative litigation, corporate governance issues, risk management and other related matters.

Representative Matters

  • Successfully settled dispute with minority member of LLC who asserted claims for breach of fiduciary duty and breach of the operating agreement against the majority members.
  • Obtained summary judgment in favor of stockholders in Washington dissenters' rights proceeding (removed to federal court) seeking fair value of shares following a corporate reorganization and an order of judgment against defendants, including recovery of attorney's fees incurred in the representation.
  • 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.
  • 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.
  • Won 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.
  • Obtained dismissal of shareholder derivative litigation against real estate investment trust.
  • 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.
  • Successfully defended brokerage firm in fraud claim related to purchase and sale of portfolio of securities between professionally managed investment funds.
  • Defeated claims against breach of fiduciary duty claims filed by minority shareholders.
  • Successfully settled 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.

Presentations and Speaking Engagements

  • 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.

Publications

Rankings and Recognition

  • Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards.
  • Selected as a Super Lawyer in Securities Litigation by Law & Politics and Atlanta Magazine (2009-2017).
  • Named to Georgia Trend magazine’s Legal Elite (2005, 2006, 2009, 2011).  
  • Selected as a Georgia Rising Star in Securities Litigation by Law & Politics and Atlanta Magazine (2005, 2007).
  • Recognized in Benchmark Litigation Survey as Georgia Future Litigation Star - (2016)

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Education

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

Bar Admissions

  • Georgia

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • Supreme Court of Georgia
  • Georgia Court of Appeals
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia