Timothy A. Butler

Associate

Atlanta
Business Phone: 404.885.3697
Business Fax: 404.885.3900

timothy.butler@troutman.com

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Tim Butler represents clients in high-stakes litigation, enforcement, and regulatory matters. His practice focuses on matters involving state Attorneys General, the Federal Trade Commission (FTC), and the Consumer Financial Protection Bureau (CFPB). He is a seasoned trial attorney. As a government attorney, he obtained judgments totaling over $80 million, prosecuted several first-of-their-kind enforcement actions, and trained trial teams on best practices. He is also a top-notch appellate attorney. He has drafted dozens of appellate briefs, including briefs filed in the U.S. Supreme Court, the federal Courts of Appeal, and the Georgia Supreme Court.

Prior to joining Troutman Sanders, Tim served as Counsel for Legal Policy and Deputy Solicitor General in the Georgia Attorney General’s Office. As Counsel for Legal Policy, Tim was the Georgia Attorney General’s chief policy advisor and principal liaison to the National Association of Attorneys General, the Republican Attorneys General Association, and the Georgia General Assembly. As Deputy Solicitor General, Tim supervised and directed significant appellate and trial matters, including multi-state litigation, enforcement, and regulatory matters.

Before joining the Georgia Attorney General’s Office, Tim was a prosecuting attorney at the Federal Trade Commission, where his practice focused on matters involving mobile technology or systematic fraud risk, and an associate at Quinn Emanuel Urquhart & Sullivan, LLP, where his practice focused on appellate matters and intellectual property and technology matters.

Representative Matters

State Attorneys General

  • Represented the State of Georgia in an investigation and prosecution of a financial services firm for violations of Georgia’s licensing and usury laws that resulted in a settlement in the State’s favor for over $42 million.
  • Represented the State of Georgia in several multi-state challenges to federal administrative actions, including challenges to rules and directives promulgated by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Homeland Security, the U.S. Department of Justice, and the U.S. Department of Education.
  • Represented the State of Georgia in a challenge of a final order entered by the Secretary of the U.S. Department of Education directing the State to return over $2.1 million in federal grant funds.

Federal Trade Commission

  • Represented the FTC in an investigation of false-advertising practices by a wireless-phone service provider that resulted in a settlement in favor of the FTC for $40 million.
  • Represented the FTC in a first-of-its-kind investigation and prosecution of a payment processor for assisting and facilitating violations of the Telemarketing Sales Rule that resulted in a settlement in favor of the FTC for over $3.4 million.
  • Represented the FTC in an investigation and prosecution of a cross-border fraud scheme that resulted in multiple judgments in excess of $1.5 million.

Intellectual Property

  • Represented Zynga in a copyright and trade secret misappropriation case in which plaintiff SocialApps accused Zynga’s famous FarmVille game of being a copy of SocialApps’ myFarm game. After a successful motion to narrow SocialApps’ trade secret claim and a series of favorable rulings precluding SocialApps from taking any discovery pending a reasonably specific identification of its purported trade secrets, the case settled favorably to Zynga.
  • Represented Zynga in a copyright case in which plaintiff EA accused Zynga’sVille online social games of being copies of EA’s Sims Social game. The case settled after Zynga filed counterclaims and a motion to strike.
  • Represented Google in a trademark case in which plaintiff Rosetta Stone challenged Google’s use of trademarks in its AdWords advertising service. After three years of litigation and a partial grant of summary judgment, the case settled.
  • Represented Google in a common-law trademark and right of publicity case in which plaintiff Ison challenged Google’s use of trademarks and trade names in its AdWords advertising service. After a series of favorable discovery rulings, the Superior Court granted Google’s motion for summary judgment and denied Ison’s motion for leave to amend its complaint.
  • Represented SolidWorks in a false advertising, false designation of origin, and unfair competition case involving CAD software. The case settled the day the jury was to be picked, in no small part because of a ruling following a SolidWorks summary judgment motion holding that Autodesk’s claimed trademark was unprotectible.

Appellate Litigation

  • U.S. Supreme Court: Represented amici curiae Fifteen State Attorneys General in support of a petition for a writ of certiorari filed by the State of Ohio, which was seeking certiorari to challenge an unfavorable Sixth Circuit decision narrowly interpreting the National Voter Registration Act and the Help America Vote Act. Ohio’s petition was granted.
  • U.S. Supreme Court: Represented petitioner Kawasaki Kisen Kaisha on a successful petition for a writ of certiorari challenging a Ninth Circuit holding that ocean carriers are subject to regulation as rail carriers merely because they make shipments from overseas that include a domestic rail leg.
  • U.S. Supreme Court: Represented amici curiae Former Secretaries of the Interior in support of respondent Navajo Nation, which was challenging an order that found the Secretary of Interior had not violated any existing fiduciary duty when he approved a lease on behalf of the Peabody Western Coal Company.
  • Ninth Circuit: Represented amicus curiae Washington Legal Foundation in support of appellant Elaine T. Marshall, who was challenging an order that failed to give preclusive effect to a state-court judgment.
  • Federal Circuit: Represented petitioner Genentech on a successful petition for a writ of mandamus directing the Eastern District of Texas to transfer the case to the Northern District of California.
  • Georgia Supreme Court: Represented amicus curiae Georgia Attorney General in an action under the Georgia Open Records Act in which the Attorney General offered a neutral and novel interpretation of the Act.
  • California Appellate Courts: Represented a nearly ninety-year-old World War II veteran and obtained an expedited affirmance of a judgment restoring ownership of real estate worth $200 million.

Publications and Speaking Engagements

Professional and Community Involvement

  • Stanford Alumni Club of Atlanta
  • University of Chicago Alumni Club of Atlanta
  • Federalist Society, Atlanta Lawyer’s Chapter
  • Federal Bar Association
  • American Bar Association, Section of State and Local Government Law, State Attorneys General and Department of Justice Issues Committee
  • Atlanta Bar Association

Professional Experience

  • Associate, Troutman Sanders LLP, 2017-present
  • Counsel for Legal Policy & Deputy Solicitor General, Georgia Attorney General’s Office, 2015-2017
  • Attorney, Federal Trade Commission, 2013- 2015
  • Associate, Quinn Emanuel Urquhart & Sullivan LLP, 2008-2013

Clerkship

  • Law Clerk to the Honorable E. Grady Jolly, U.S. Court of Appeals for the Fifth Circuit, 2007-2008
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Education

  • Stanford University, J.D., 2007
  • University of Chicago, B.A., 2003
    Phi Beta Kappa

Bar Admissions

  • California
  • Georgia

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Southern District of Georgia
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California
  • Supreme Court of Georgia
  • Georgia Court of Appeals
  • Georgia Trial Courts