Overview

Timothy J. Taylor is an employment and litigation attorney in Holland & Knight's Tysons office. Mr. Taylor represents employers in employment litigation, employment investigations and employment defense vis-à-vis government regulators. He also has significant experience representing clients in a variety of civil cases and appeals as well as enforcement-defense matters, particularly under the False Claims Act (FCA). He serves clients in highly regulated industries, especially government contractors.

Before rejoining Holland & Knight, Mr. Taylor served as Deputy Solicitor of Labor, the second-in-command legal officer for the federal government's second-largest litigation department, housed in the U.S. Department of Labor (DOL). In that position, he oversaw a wide portfolio of litigation, enforcement, rulemaking and legal counseling for the agency's more than 450 attorneys. Laws under his purview included the Fair Labor Standards Act (FLSA), Occupational Safety and Health Act (OSHA), Employee Retirement Income Security Act (ERISA) and numerous antidiscrimination and whistleblower protection laws. He oversaw various matters that ranged from pre-litigation investigation to briefing before the U.S. Supreme Court. Among his 23 client agencies were the U.S. Wage and Hour Division (WHD), OSHA, the Mine Safety and Health Administration (MSHA), the Employee Benefits Security Administration (EBSA) and the Office of Federal Contract Compliance Programs (OFCCP). He advised on dozens of regulations, guidance documents and opinion letters, including wage-and-hour rules on overtime, joint employment and the regular rate; ERISA rules on fiduciaries, proxy advisors and environmental, social and corporate governance (ESG) investing; and OFCCP rules on jurisdiction and enforcement procedures.

Mr. Taylor also previously served as the employment counsel and as an investigative attorney for the U.S. Department of the Treasury's Office of the Special Inspector General for Pandemic Recovery (SIGPR), a new federal office dedicated to recovering fraudulently obtained COVID-19 relief funds. In that role, he advised the office on all aspects of federal employment law and worked closely with the U.S. Department of Justice (DOJ) and other federal agencies on enforcement issues related to the Paycheck Protection Program (PPP), Main Street Lending Program (MSLP) and other pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Before his government service, Mr. Taylor was an associate with Holland & Knight. Among other civil and criminal representations, he was part of the U.S. Supreme Court team that secured a unanimous reversal of former Virginia Gov. Bob McDonnell's convictions on public corruption charges.

After law school, Mr. Taylor clerked for the Honorable Harris Hartz of the U.S. Court of Appeals for the Tenth Circuit and the Honorable Charles Lettow of the U.S. Court of Federal Claims. During law school, he was an editor of the Harvard Law Review.

Representative Experience

  • Represented a tech startup in a U.S. Department of Labor USERRA investigation; after advocacy before the department, the matter was declined for further review
  • Defended the officers and minority partners of a construction supplier in a shareholder dispute alleging breach of fiduciary duty and other serious claims; prevented litigation and negotiated a memorandum of understanding to divide the company fairly and amicably
  • Represented a government contractor alleging that its former employees had misappropriated trade secrets, proprietary data and their duty of loyalty; obtained an injunction requiring the return of all company property
  • Represented a government contractor accused of receiving misappropriated proprietary data from employees who had violated their duty of loyalty; case voluntarily dismissed by the other side
  • Represented an individual in a case alleging defamation and various tort claims; case was dismissed with prejudice
  • Represented a medical device manufacturer in a case alleging various tort claims
  • Represented a private equity fund in a dispute over the purchase and sale of a government contractor
  • Represented as principal counsel a media company in a property dispute with its landlord
  • Represented as first-chair trial counsel a pro bono client in a two-day trial regarding child support and visitation rights; succeeded on modifying child support rights on a statutory question of first impression

  • Represented former Virginia Gov. Bob McDonnell during his public corruption investigation, trial and appeal to the U.S. Supreme Court; the Supreme Court issued a unanimous decision vacating the convictions, and the U.S. Department of Justice (DOJ) subsequently dismissed all charges; see McDonnell v. United States, 136 S. Ct. 2355 (2016)
  • Represented a medical device corporation in a False Claims Act (FCA) case brought in federal district court in California; authored brief for the U.S. Court of Appeals for the Ninth Circuit resulting in dismissal of the qui tam relator's case
  • Represented a healthcare company in an FCA case brought in federal district court in Florida; authored briefs resulting in repeat dismissal of the qui tam relator's case
  • Represented the head of tax of the U.S. subsidiary of a Fortune Global 10 company when the company was under investigation for violation of federal laws and regulations
  • Represented a multibillion-dollar U.S. government contractor before the U.S. Department of State and U.S. Air Force involving allegations of violating International Traffic in Arms Regulations (ITAR); no fines were imposed
  • Represented a government contractor under investigation by the Special Inspector General for Afghanistan Reconstruction (SIGAR); authored a presentation to the DOJ, which resulted in the DOJ declining SIGAR's FCA referral
  • Represented a multibillion-dollar U.S. government contractor in an internal investigation regarding potential violations of Truth in Negotiations Act (TINA) and accounting standards
  • Represented a medical device manufacturer in an FCA investigation regarding its sales and marketing practices
  • Represented a physician practice in a disclosure to the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) and the DOJ regarding potential billing issues
  • Represented a government contractor in a DOJ investigation regarding potential violations of the Price Reduction Clause (PRC) and Commercial Sales Practices (CSP) disclosures in its General Services Administration (GSA) Schedule contract
  • Represented a government contractor in a DOJ FCA investigation regarding allegations of violating the federal small business regulations
  • Represented a healthcare company in qui tam litigation in federal district court and court of appeals
  • Represented a medical device manufacturer in qui tam litigation in federal district court and court of appeals
  • Represented an individual in a habeas corpus proceeding in Maryland federal district court and before the U.S. Court of Appeals for the Fourth Circuit

Credentials

Education
  • Harvard Law School, J.D., cum laude
  • Brigham Young University, B.A., Political Science, summa cum laude
Bar Admissions/Licenses
  • District of Columbia
  • Virginia
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Court of Federal Claims
Memberships
  • Law360's Wage & Hour Editorial Advisory Board, 2022
  • Labor & Employment Working Group, Regulatory Transparency Project, Federalist Society
Honors & Awards
  • Holland & Knight Public and Charitable Service All-Star Award, 2017
  • J. Reuben Clark Law Society International Religious Liberty Writing Competition, First Place, 2010
  • Department Valedictorian, Brigham Young University, 2008
  • Gordon B. Hinckley Presidential Scholar, Brigham Young University, 2002–2008

Publications