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Timothy W. Mungovan
Partner
Practice Group Leader, Commercial Litigation
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Experience
Tim is the Practice Group Leader of the firm's Commercial Litigation Practice Group. Tim is also the founder and co-leader of the firm’s Alternative Investment Litigation Team. His practice is focused on hedge fund litigation and other disputes involving investment partnerships, securities, finance and technology-related issues. He is also experienced in fiduciary litigation and has represented both fiduciaries and beneficiaries.
Tim has a sophisticated hedge fund litigation and alternative investment litigation practice. His experience includes:
Tim has also written and lectured extensively on a number of topics related to hedge funds and hedge fund investing, including:
- Redemption risk
- Asset liquidity
- Investment liquidity
- Operational risk
- Valuation
- Regulation
- Derivatives
Beyond alternative investments, Tim has extensive experience in business litigation and technology-related litigation matters. Tim serves as litigation counsel to, among others, a world-wide diversified manufacturer of industrial products, one of the leading developers and licensors of DSL technology and biometric security solutions and the inventor of laser vision correction surgery. Tim has also represented Europe’s largest biotechnology company on a variety of matters, including disputes under the Lanham Act and consumer class actions.
Tim has successfully litigated and tried a number of cases in both state and federal courts. A sampling of representative cases follows:
- In 2008, Tim obtained an injunction against his client’s former CEO, CFO, V.P. of Engineering and V.P. of Sales for misappropriation of trade secrets and confidential business information, following expedited discovery and a six day trial in Mississippi Chancery Court (Triton Systems of Delaware, Inc. v. Kett, et. al., No. 08-00365(I))
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In 2008, Tim obtained an injunction for his clients requiring the City of Boston to revamp its proposed section 403(b) Retirement Plan for the Boston Public Schools (AXA Equitable Life Insurance Company v. City of Boston, et. al., Massachusetts Superior Court, Suffolk County Docket No. 08-5407-BLS2).
- In 2008, Tim obtained a sweeping victory in a hotly contested guardianship proceeding over the person and the estate of a high net worth individual, with the Court finding that the former guardian had engaged in breaches of fiduciary duty including the improper transfer of assets (In Re: Guardianship of Kaltsas, Worcester Probate Court Department, No. 05P-1339-GI2).
- Over the past ten years, Tim has represented dozens of investment partnerships, as well as limited partners and general partners, in a variety of disputes, including claims of fraud, breach of fiduciary duty, and breach of contract. Tim has successfully litigated a number of investment partnership disputes in federal and state courts throughout the country, including Alabama, California, Florida, Massachusetts, Nevada, and Pennsylvania. With regard to the disputes that have not resulted in litigation, Tim has successfully resolved these disputes through mediation and/or negotiation.
- From 2004-2008, Tim successfully defended the officers and directors of a publicly traded corporation in a securities class action suit involving claims under Section 10(b) of the Securities Exchange Act of 1934 and Section 11 of the Securities Act of 1933, resulting in a favorable settlement.
- In 2007, Tim defended and settled on highly favorable terms a large consumer class action involving efficacy and marketing claims concerning a pharmaceutical product.
- In 2006, Tim won an appeal in the Massachusetts Supreme Judicial Court in a case of first impression involving due process protections.
- In 2006, Tim successfully resolved litigation on behalf of the largest for-profit hospital company in the country in connection with a dispute over a software license.
- In 2005, Tim successfully defended as lead counsel one of the world’s leading watch manufacturers in a trade secret case tried in federal court in Massachusetts.
- In 2004, Tim obtained a dismissal of a complaint against the world’s largest restaurant franchisor in the United States District Court for the District of Massachusetts.
- In 2004, Tim obtained a multimillion-dollar settlement against one of the leading overnight delivery companies in a breach of contract and intellectual property action.
In addition to his trial work, Tim has handled and argued several cases at the appellate court level before the United States Court of Appeals for the First Circuit, the Supreme Judicial Court, and the Massachusetts Appeals Court.
Tim has published several legal articles in trade journals and law reviews, including:
- “Insider Trading and Credit Derivatives: A New Take on an Old Crime,” Financier Worldwide, May 2007.
- “Hedge Fund Risk: The Intersection of Valuation and Redemption,” High Yield Report, March 2007
- “The Inevitability of Hedge Fund Regulation in the US,” Butterworths Journal of International Banking and Financial Law, February 2007.
- “Hedge Fund Due Diligence: A US Litigator’s Perspective,” International Investment & Securities Review 2007.
- “Hedge Funds: Five Issues for Institutional Investors to Consider,” Financier Worldwide, October 2006.
- “Disclosure and Exposure: More to Come,” Financier Worldwide, February 2005.
- “‘Rambus’ Sets Standard for Standard of Conduct,” New York Law Journal, July 6, 2004.
- “Utmost Caution: The Standard of Conduct for SSO Participants,” The Intellectual Property Strategist, February 2004.
- “Abramian v. President and Fellows of Harvard College: The Hydra Known as the ‘Burden Shifting Framework,’” Boston Bar Journal, January/February 2001.
- “Pretext: Recommendation, Re-evaluation, Rebuttal” and “Understanding the Burden-Shifting Framework,” both published in Massachusetts Lawyers Weekly.
- Chapter coauthor, “Challenging and Defending Adoption and Amendment of Zoning Bylaws and Ordinances,” Massachusetts Zoning and Land Use Law, 1996.
In law school, Tim was an editor of the Suffolk University Law Review, a member of the National Moot Court Team that participated in the National Moot Court Competition in New York City, and the winner of the Walter H. McLaughlin Competition for Oral Advocacy. At Holy Cross, he was a member of the Dean’s List, a recipient of both a Holy Cross academic scholarship and a GTE academic scholarship, and a three-year starter and captain of the men’s soccer team.
Following law school, Tim served as a law clerk to the Honorable Joseph R. Nolan at the Supreme Judicial Court of Massachusetts.
Tim has been named a Massachusetts Super Lawyer by Boston Magazine every year that the magazine has awarded the distinction. He has also been recognized as a “New England Super Lawyer” in Business Litigation by Boston Magazine.
Admissions
Tim is admitted to practice in the Commonwealth of Massachusetts, the U.S. Court of Appeals for the First Circuit and the Fourth Circuit, and the United States District Courts for the Districts of Massachusetts, Maryland, and Arizona. He is a member of the Massachusetts, Boston, Federal, and American bar associations.
Education
Suffolk University Law School, J.D., cum laude
College of the Holy Cross, B.A.
Affiliations
Currently, Tim is a member of the Board of Directors of the Catholic Lawyer’s Guild of the Archdiocese of Boston, and a member of the Alumni Board of Trustees of Xaverian Brothers High School.
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