Timothy D. Katsiff

Securities & Stockholder Litigation

As a securities litigator, Tim represents companies and their directors and officers in shareholder class action litigation, merger-related litigation, and corporate governance disputes. He has defended public companies in merger-related shareholder suits in California, Delaware, Maryland, New York, Pennsylvania and Texas.

Tim defends audit and special committees of the boards of public companies, broker-dealers, and individuals in U.S. Securities and Exchange Commission (SEC) and self-regulatory organization (SRO) proceedings. He also has served as counsel for public companies in numerous internal investigations of financial reporting and related conduct.

Securities Litigation Representative Experience

• Represented a former CFO in both securities and derivative litigation.
• Represented a publicly traded Fortune 500 company in connection with a shareholder class action, derivative litigation and an SEC investigation.
• Represented a defense contractor in a consolidated securities fraud class action and derivative actions.
• Represented a publicly traded manufacturing company in connection with an SEC investigation.
• Represented a publicly traded pharmaceutical company in connection with a securities class action.
• Represented a publicly traded bank in a consolidated securities fraud class action.
• Represented a registered representative in an SEC enforcement action.
• Represented a bank in derivative actions.
• Represented a financial institution in disputes involving allegations of fraud and other alleged torts related to an alleged Ponzi scheme.
• Represented a group of investors to recover assets invested in a Ponzi scheme.

Merger & Acquisitions / Transactional Litigation / Corporate Governance

Tim’s transactional litigation experience includes substantial work advising directors and management, and litigating actions brought against bidders and targets (and their boards of directors), challenging the terms and disclosures of proposed and closed transactions. Recent notable representations include:

Transactional Litigation Representative Experience

• In Twitter v. Musk in the Delaware Court of Chancery, represented Twitter in its successful enforcement of Elon Musk’s obligation to complete his acquisition of the company for $54.20 a share, for an aggregate price of $44 billion.
• Successfully represented a group of members of a national federated tax-exempt organization in a Delaware governance/transaction dispute.
• An individual investor in hotly contested litigation in the Court of Chancery regarding control and various tort allegations.
• Represented various special committees of several large to smaller companies formed to evaluate both litigation demands by shareholders and claims in connection with transactions.
• Successfully represented large investment fund in dispute regarding its redemption of its investment.
• Represented a publicly traded bank in connection with shareholder claims related to a transaction.
• Represented a publicly traded automotive retailer in connection with shareholder claims that were asserted against it in connection with a transaction.

Commercial Disputes & Class Actions

Tim represents clients in commercial contract disputes, business torts, trade secrets and patent suits, as well as in environmental, insurance, and banking cases. He has represented major financial institutions in various matters. Tim’s experience also includes defending a major energy company in a large commercial contract dispute and representing a defense contractor in various contract disputes.

Commercial Dispute Representative Experience

• Successfully represented a publicly traded manufacturer in a dispute over a long-term supply contract concerning allegations of mutual mistake and fraud.
• Successfully defended a top producer of packaged deli products against claims for misappropriation of trade secrets.
• Represented a Fortune 500 telecommunications company as a defendant in litigation alleging infringement of 17 patents.
• Represented a major insurance carrier in a large insurance coverage dispute.
• Represented a leading technology company in an action for business torts in connection with an acquisition.

Class Action Representative Experience

• Represented a food manufacturer in several class actions by alleged consumers concerning claims regarding ingredients and packing.
• Represented major life insurance companies in putative class actions challenging cost of insurance rate adjustments.
• Represented a major PPP lender in class action challenging an alleged failure to fund loans.
• Represented a former railroad in several class actions by adjacent property owners alleging various tort claims related to the former railroad’s right of way.
• Represented a bank that serviced a portfolio of securitized tax liens in a class action brought by property owners.
• Represented a bank in a class action fraud suit.

Personal Interests

In his free time, Tim enjoys spending time with his family, travelling and pursuing his hobby of flying single-engine airplanes.