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Timothy J. McEvoy

Tim McEvoy has tried hundreds of cases in state and federal courts. A former state and federal prosecutor, Mr. McEvoy has been involved with matters as diverse as whether a sitting state Attorney General had to obey a sitting Governor to lawsuits involving shareholders upset with the terms of a merger and acquisition.  In 2009, Mr. McEvoy took a case all the way to the Supreme Court of the United States where his client prevailed 9-0. In 2012 alone, he obtained recoveries of more than $50,000,000 on behalf of publicly-traded clients, and successfully defended claims exceeding that amount.

Before becoming a prosecutor and returning to private practice, Mr. McEvoy worked in the labor and employment group of a major national firm with the authors of the leading treatise on Maryland Employment Law. Today, Mr. McEvoy focuses on litigation for businesses and individuals, and routinely
serves as local counsel and co-counsel for national and international law firms.

Mr. McEvoy has been selected consistently by his peers for recognition in Virginia Business Magazine’s “Virginia Legal Elite” and Thomson-Reuters’ Virginia and D.C. “Super Lawyers.”  He has won the Fairfax Bar Association’s President’s Award for Leadership and Service three times since 2007, and recently 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. Mr. McEvoy has been chosen by his peers to represent 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.

Practice Focus

While trial lawyers’ special expertise is in the area of courtroom practice and procedure, Mr. McEvoy applies that discipline regularly in areas that include the following:

• 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 and Recognition

• 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 Post, The Roanoke Times and The Boston Globe.

Bar Admissions

• Virginia
• Maryland
• U. S. Supreme Court
• U. S. District Court for the Eastern and Western Districts of Virginia
• U. S. District Court for Maryland
• U. S. Court of Appeals for the Fourth Circuit

Professional Activities

• President, Fairfax Law Foundation (2009)
• Fairfax Bar Association
• Arlington Bar Association
• Federal Bar Association
• Member, George Mason Inn of Court

Education

• J.D., University of Virginia School of Law
• B.A., College of William and Mary (Phi Beta Kappa)