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Haynes and Boone, LLP

Timothy Newman

Timothy Newman

Associate

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) and the Department of Justice (DOJ). 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 Announces New Cyber and Retail Investor Initiatives
Haynes and Boone, LLP, October 2017

After weeks of headlines dominated by Equifax’s cyber breach affecting 143 million consumers and the breach of the SEC’s own EDGAR system, the SEC recently announced the creation of (i) a Cyber Unit to target cyber-related misconduct and (ii) a Retail Strategy Task Force to strengthen its protection of retail investors...

Supreme Court Unanimously Holds that SEC Disgorgement is Subject to Five Year Statute of Limitations
Haynes and Boone, LLP, June 2017

A unanimous Supreme Court held on June 5, 2017, that the SEC’s ability to recover funds through disgorgement is subject to a five-year statute of limitations. The SEC routinely seeks disgorgement as an equitable remedy in actions alleging securities law violations and asserted that disgorgement was not a penalty subject to the five year statute of limitations under 28 U.S.C. § 2462...

SEC Office of Compliance Inspections and Examinations Announces Examination Priorities for 2017
Haynes and Boone, LLP, February 2017

The SEC’s Office of Compliance Inspections and Examinations recently announced its 2017 examination priorities for broker-dealers, investment advisers, and investment funds. OCIE, which serves as the “eyes and ears” of the Commission, identified the current staff’s priorities as a focus on (i) matters of importance to retail investors, (ii) risks specific to elderly and retiring investors, and (iii) assessing market-wide risks...

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