Tim McEvoy has practiced trial law since 1991. He has represented individuals, entities, the Commonwealth of Virginia, and the United States of America in hundreds of court cases, including approximately 30 jury trials.

As a result of his skill and demeanor in the courtroom, in 2016 Tim was inducted as a Fellow of the American College of Trial Lawyers (“ACTL”), the pre-eminent society of trial counsel in the United States and Canada. Fellowship is extended “only by invitation, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.” See ACTL Membership Criteria. Tim is currently serving his second term on ACTL’s Virginia Committee. Among other recognitions, he is also A/V-rated by Martindale-Hubbell and listed in Best Lawyers in America.

Tim routinely handles a wide spectrum of cases. Among career highlights, he once fought an unjust prosecution all the way to the United States Supreme Court where his client prevailed 9-0 and was completely exonerated. On the civil side, he has obtained recoveries of more than $82,000,000 for his clients and successfully defended liquidated claims far exceeding that amount. One of his business cases from the Delaware Court of Chancery has been cited more than 1400 times by courts, scholars, and practitioners and is a leading authority in the area of director duties in corporate mergers and acquisitions.

Tim has received the Fairfax Bar Association President’s Award for Leadership and Service two times and is a Founder of Justice Fellow, Past President, and Outstanding Service Award Recipient for the Fairfax Law Foundation, a 501(c)(3) entity that promotes pro bono legal services and educates the public about the Rule of Law. He has represented both the Arlington 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.

 

Practice Focus

  • Business-focused civil litigation, including intra-corporate fiduciary duty disputes (i.e., officer and director rights and responsibilities); equity rights disputes involving corporate shareholders, limited liability company members, and partners; shareholder/member squeeze-outs; dissolution and dissociation claims; and business break-ups
  • Estate and fiduciary litigation, including trust and estate disputes; claims under the Uniform Trust Act; will contests; and accountings

  • General civil claims, including defamation (i.e., libel and slander); contract disputes of all varieties; fraud claims; declaratory judgments; restrictive covenants (non-competes, non-solicitation, etc.); trespassing; real estate disputes; injunctions; conspiracy claims of various types; malicious prosecution; abuse of process; tortious interference claims; claims arising under statutes of all kinds; and employment law claims
  • 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 Post, The Roanoke Times and The Boston Globe.