Timothy R. McCormick
Consulting Counsel
Timothy R. McCormick
214.969.1103
Overview
Tim McCormick focuses his complex business litigation practice on corporate and shareholder rights, mergers and acquisitions, director and officer disputes, securities litigation, and complex business claims. He has conducted numerous internal investigations and investigations focusing on accounting fraud, the Foreign Corrupt Practices Act, and securities and corporate governance claims.
Mr. McCormick 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. Mr. McCormick 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, and other topics on business litigation risks.
Representative Experience
- 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
- 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
- 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 nonprofit 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
- 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
Credentials
Education
- Southern Methodist University Dedman School of Law, J.D., with honors
- The University of Texas at Arlington, B.A.
Bar Admissions/Licenses
- District of Columbia
- New York
- Texas
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Fifth 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 Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of Oklahoma
- U.S. District Court for the Western District of Oklahoma
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
Memberships
- American College of Trial Lawyers, Fellow
- International Society of Barristers, Fellow
- Texas Bar Foundation, Fellow
- Dallas Bar Foundation, Fellow
- 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
Honors & Awards
- The Best Lawyers in America guide, Antitrust Law, Bet-the-Company Litigation, Commercial Litigation, Litigation-Mergers & Acquisitions, Litigation-Regulatory Enforcement (SEC, Telecom, Energy), Litigation-Securities, 1999-2023
- Dallas Litigation-Regulatory Enforcement (SEC, Telecom, Energy) "Lawyer of the Year," The Best Lawyers in America by Woodward/White Inc., 2012, 2016, 2018
- Chambers USA by Chambers and Partners (Litigation: General Commercial), 2006-2018
- Texas Super Lawyers magazine, 2003-2021
- 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
