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Haynes and Boone, LLP

Timothy Newman

Timothy Newman

Partner

Haynes and Boone, LLP
Texas, U.S.A.

tel: +1 214 651 5029
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Profile
Tim Newman is a litigator who represents clients in government enforcement actions, cybersecurity matters, and complex litigation.

Tim counsels public and private companies, financial services organizations, and executives under investigation by government agencies including the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Financial Industry Regulatory Authority (FINRA) and state regulators. He also helps clients who have suffered major data breaches navigate the investigations, disclosures, and litigation that follow a breach, and he helps clients develop programs and policies that minimize cyber risk. A former federal law clerk, Tim also defends clients in complex litigation, including class actions and securities litigation.

Outside of the firm, Tim is an active member of the Texas legal community. He currently serves on the Board of the Texas Young Lawyers Association, following four years of service as a director of the Dallas Association of Young Lawyers. He was a member of the 2012 DAYL Leadership Class. In 2012, Tim served as a visiting prosecutor for the City of Arlington, Texas, trying five cases to jury verdict. He has also represented numerous clients through the Dallas Volunteer Attorney Program, including trying a state-court matter to a jury verdict in 2013.

Education

Texas A&M University (B.A., History, 2006)
William and Mary School of Law (J.D., 2009)
Areas of Practice
Professional Career

Significant Accomplishments

Internal investigation and remediation of a data security breach at a Fortune 200 transportation company; civil prosecution of entity responsible for the security breach.

Internal investigation of data security breach at high profile specialty retailer that implicated payment card information and personal identifying information; counsel client on numerous post-breach issues including disclosure obligations, public disclosure, negotiation of fraud recovery and operational reimbursement fines and penalties with card brands, and related counseling regarding collateral litigation; counsel client on insurance coverage for breach-related expenses.

Investigation of former employee’s sabotage of company computer network; referral to federal law enforcement and prosecutors, resulting in guilty plea to felony charges and finding of restitution.

Advice to organizations in multiple industries regarding data breach disclosure requirements to customers, employees, and regulators; draft and coordinate delivery of disclosures.

Guidance to public companies regarding disclosure requirements under federal securities laws, including disclosure of cyber incidents, cyber risks, and U.S. and foreign government investigations.

Advised an engineering and procurement firm regarding the Federal Computer Fraud and Abuse Act and the Federal Stored Communications Act following an employee's suspected theft of trade secrets and proprietary data.

Represent individuals and financial institutions against Securities and Exchange Commission investigations of alleged insider trading.

Representation of AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.

Five solo jury trials and one solo bench trial as a visiting prosecutor for the City of Arlington, obtained a guilty verdict in all six cases.

Articles

SEC Brings First Enforcement Action Against a Public Company for Failing to Disclose Data Breach
Haynes and Boone, LLP, May 2018

On April 24, 2018, the Securities and Exchange Commission (“SEC” or the “Commission”) announced its first enforcement action against a public company for failing to disclose a data breach. In a settled cease-and-desist order, the SEC imposed a $35 million civil penalty against Altaba Inc., formerly known as Yahoo! Inc...

Key Features of New Data Breach Notification Laws in Alabama and South Dakota
Haynes and Boone, LLP, April 2018

Last month, Alabama and South Dakota became the latest states to enact data breach notification laws. All 50 states now have such laws, but the laws and companies’ obligations thereunder vary widely from state to state. The Alabama and South Dakota laws—described in detail in the chart linked below—are similar to the laws of other states, but each have a few important features to be aware of...

Say Something, but to the Right People: Supreme Court Clarifies Definition of “Whistleblower” Under Dodd-Frank
Haynes and Boone, LLP, February 2018

Yesterday, the U.S. Supreme Court significantly narrowed the scope of the Dodd-Frank Act's anti-retaliation measures. The decision resolved a split in authority by excluding from Dodd-Frank's whistleblower protections those persons reporting suspected violations only within their companies. In reversing the Ninth Circuit, the Court held that "Dodd-Frank's anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the SEC...

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