Tim McEvoy is a Fellow of The American College of Trial Lawyers, the most prestigious, invitation-only society of senior trial counsel in the United States and Canada.  A former state and federal prosecutor, he has been involved with matters as diverse as whether a sitting state Attorney General had to obey a sitting Governor, precedent-setting litigation in the Delaware Court of Chancery involving preferred shareholder rights and the duties of potentially conflicted venture capitalists in a merger, shareholder’s agreement disputes, business “divorces,” software development disputes, the Clean Water Act, pharmaceutical drug development, and other commercial litigation of all kinds.  Mr. McEvoy has also appeared before the United States Supreme Court (where the lower courts were reversed by a 9-0 vote), has obtained and collected recoveries of more than $50,000,000 on behalf of his clients, and successfully defended liquidated commercial claims far exceeding that amount.

For years running, Mr. McEvoy has been A/V-rated by the Martindale-Hubbell peer rating service, the highest rating available for skill and ethics.  He is also perennially listed in in publications such as Virginia Business Magazine’s “Virginia Legal Elite,” Thomson-Reuters’ Virginia and D.C. “Super Lawyers” and the prestigious “Best Lawyers in America” list.  He has won the Fairfax Bar Association’s President’s Award for Leadership and Service three times, and has served as President of the Fairfax Law Foundation, a 501(c)(3) entity that provides pro bono legal services and educates the public about the Rule of Law.  He has represented both the Arlington County Bar Association and the Fairfax Bar Association in legal disputes with third parties, and has additionally represented two Virginia Commonwealth’s Attorneys in civil rights disputes initiated against them in federal court. He also serves as a member of the Merit Selection Committee for United States Magistrate Judges in the Eastern District of Virginia, Alexandria Division.

In his free time, Mr. McEvoy is a road bike and motorbike enthusiast, manager and supporter of youth sports teams, and an advocate and advisor for mental health issues.  He enjoys biography, history, traveling and people, and is a member of the Virginia Club of New York and the Virginia Historical Society.

Practice Focus

  • Corporate litigation, including claims by and against shareholders, partners and members, breach of fiduciary duty claims, appraisals, business break-ups and claims against officers and directors.
  • Business torts, including tortious interference with contract claims and business conspiracy claims.
  • Contract law, including claims for breach of commercial contracts, leases, employment agreements and restrictive covenants (non-competition and non-solicitation agreements).

  • Estate and fiduciary litigation, including trust and estate disputes, claims under the Uniform Trust Act, will contests and accountings.
  • Intellectual Property, including software disputes, licensing issues, copyrights and trademarks.

Practice Notes

  • Regular participation in complex, multi-party litigation in federal court involving various subject matters, including the federal False Claims Act, the Fair Labor Standards Act, the Lanham Act, the Copyright Act, the Clean Water Act and other federal statutes and regulations.
  • The defense of a breach of contract claim by a pharmaceutical development company against a leading international pharmaceutical manufacturer where the damages sought were not less than $78,000,000.  The case was resolved by confidential mediation.
  • Routine handling of cases involving tens of millions of dollars in liquidated contract damages, including settlements on behalf of publicly-traded entities.
  • Multiple False Claims Act defenses where his clients paid nothing or only a small fraction of the seven-figure demands made by the claimants.
  • Recovery of millions of dollars for charitable organizations and individuals in trust and estate cases.
  • Total exoneration for a client whose case went all the way to the United States Supreme Court and whose case was subsequently dismissed with prejudice on remand to the trial court.
  • Defense of a FLSA class action in federal court, with client paying nothing.
  • Participation as counsel in litigation and arbitration concerning book and movie rights to the life story of W. Mark Felt, the former FBI official who disclosed in May 2005 that he was the famed “Deep Throat” of the Watergate era.  The case resolved in confidential arbitration and the award was enforced by the U.S. District Court for the District of Columbia.
  • Won multiple summary judgments and injunctions for clients in all manner of civil litigations, including restrictive covenant cases and cases under employment discrimination laws, the Lanham Act and under various common law theories.
  • Several cases have been featured on local and national news, including coverage by The Wall Street Journal, CNN, The Washington PostThe Roanoke Times and The Boston Globe.