Timothy R. McCormick

Timothy R. McCormick

  • 214.969.1103
    214.880.3253
  • 212.751.3301
    212.751.3113
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Senior Counsel

  • Thompson & Knight LLP
    One Arts Plaza
    1722 Routh Street, Suite 1500
    Dallas, TX 75201 USA
    214.969.1103
    214.880.3253
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Tim McCormick focuses his complex business litigation practice on corporate and shareholder rights, mergers and acquisitions, director and officer disputes, securities litigation, federal and state antitrust practice, and complex business claims. He has been involved in a number of Sarbanes-Oxley internal investigations, as well as investigations that have addressed issues under the Foreign Corrupt Practices Act.

Tim has extensive experience before the Securities and Exchange Commission and has also been involved in matters involving the United States Department of Justice, the Federal Trade Commission, and antitrust divisions of the attorneys general of several states. He has tried many major disputes to conclusion.

Tim is a frequent speaker and writer on securities litigation, special negotiating and litigation committee issues under Delaware law, director and officer duty and liability updates, internal corporate investigations, antitrust issues relating to mergers and acquisitions, conflict of laws, and other topics on business litigation risks.

Experience

Director and Officer Liability

  • Represented the Audit Committee and conducted an internal investigation of a public company on issues raised by the Sarbanes-Oxley Act of 2002

  • Represented the directors of a publicly-traded REIT in a class action and derivative suit filed challenging a merger transaction

  • Represented trustees of a mutual fund in an investigation initiated by the staff of the Securities and Exchange Commission

  • Represented a financial advisor in a class action suit arising out of an initial public offering

Securities Litigation

  • Represented financial advisors in a class action arising out of a failure of a Hedge Fund

  • Represented a major technology company in a securities class action suit arising out of a merger transaction
  • Represented a number of telecommunications companies in a series of securities class action cases
  • Represented a multinational engineering and construction firm in a worldwide internal investigation and in government enforcement actions relating to alleged violations of the Foreign Corrupt Practices Act
  • Represented a major oil and gas exploration company in a class action suit arising out of an initial public offering

  • Represented officers and directors in a securities class action involving the transportation industry

  • Represented a biomedical company in a series of securities class action suits in the Northern District of California

  • Represented a major computer retailer in securities class action suits pending in the Northern District of Texas

  • Represented a major retailer in a securities class action suit arising out of a merger transaction

  • Represented a telecommunications company and certain officers and directors on claims of fraud, breach of fiduciary duty, and securities fraud in a series of three suits pending over a period of nine years

  • Represented two special litigation committees evaluating derivative claims

Special Committee Representation

  • Represented the Special Committee of the Board of Directors evaluating breach of fiduciary duty claims in connection with a $45 billion buyout of a utility company

  • Represented the Audit Committee of an NYSE-listed company and conducted an internal investigation of option granting practices

  • Represented the special committee of the board of directors of a publicly-held oil and gas corporation in an injunction proceeding pending in the Court of Chancery of the State of Delaware

  • Represented the special committee of the board of directors of a holding company with interests in mining and chemicals in a related party transaction; the transaction was challenged by the shareholders and the case was tried to conclusion in the Court of Chancery of the State of Delaware

  • Represented the special committee of the board of directors of a major non-profit organization involved in a derivative suit; using newly-adopted procedures under Texas law, succeeded in taking control of the derivative suit and settled the case over the objections of the plaintiffs and their attorneys

  • Represented the Audit Committee of an NYSE-listed company and conducted an internal investigation involving the Foreign Corrupt Practices Act in South America, Asia, and Africa

  • Represented the Audit Committee of a NASDAQ-listed company and conducted an internal investigation of revenue recognition issues in the Republic of China

Antitrust

  • Trial of an opt-out case from the Portland Cement Industries antitrust litigation

  • Trial of a monopolization case involving the plumbing industry

  • Represented clients in acquisition and merger disputes before the Department of Justice in the cement, heating and air conditioning, flooring, ready-mix concrete, and aggregate industries

Distinctions/Honors

  • Dallas Litigation-Regulatory Enforcement (SEC, Telecom, Energy) "Lawyer of the Year," The Best Lawyers in America® by Woodward/White Inc.; 2012, 2016; 2018

  • The Best Lawyers in America® by Woodward/White Inc. (Antitrust Law, Bet-the-Company Litigation, Litigation-Mergers & Acquisitions, Litigation-Regulatory Enforcement (SEC, Telecom, Energy), Litigation-Securities); 1999-2018

  • Chambers USA by Chambers & Partners (Litigation: General Commercial); 2006-2017

  • Texas Super Lawyers® by Thomson Reuters (Securities Litigation, Business Litigation); 2003-2017

  • Best Lawyers in Dallas (Securities Litigation & Enforcement), D Magazine; 2003, 2011-2013, 2015

  • Best Business Lawyers in Dallas (White Collar Defense/Antitrust), D Magazine; 2009

Activities (Memberships/Affiliations)

  • Fellow, International Society of Barristers
  • Fellow, American College of Trial Lawyers
  • Fellow, Texas Bar Foundation
  • Fellow, Dallas Bar Foundation
  • Former guest lecturer and visiting instructor, SMU Dedman School of Law
  • Guest lecturer on securities, mergers, and acquisitions, University of Dallas Graduate School of Business