Timothy J. Fitzmaurice

• Representing Checkpoint Therapeutics Inc. and its CEO in a securities class action pending in New York federal court.
• Representing Humana Inc. and its former executives in a securities class action pending in Delaware federal court.
• Represented MiMedx Group Inc. in a securities class action in Georgia federal court, where the court granted MiMedx’s motion to dismiss, the court subsequently denied the plaintiff’s post-judgment motions, and the Eleventh Circuit Court of Appeals affirmed the decisions granting the motion to dismiss and denying the plaintiff’s post-judgment motions. The Eleventh Circuit affirmed the district court’s decision that the plaintiff failed to plead the loss causation element of its claim, and the Eleventh Circuit further affirmed the district court’s denial of the plaintiff’s motion for leave to amend. Carpenters Pension Fund of Ill. v. MiMedx Group, Inc., 73 F.4th 2023 (11th Cir. 2023); In re MiMedx Group, Inc. Securities Litigation, No. 1:18-cv-00830-WMR, 2021 U.S. Dist. LEXIS 254557 (N.D. Ga. Mar. 25, 2021).
• Represented First Connecticut Bancorp Inc. and its former board members in a securities class action arising out of First Connecticut’s merger with People’s United, where the motion for summary judgment was granted and the Fourth Circuit Court of Appeals affirmed the decision granting the summary judgment motion. The Fourth Circuit affirmed the district court’s decision that the plaintiff failed to prove the materiality or loss causation elements of his claim. Karp v. First Connecticut Bancorp., Inc., 69 F.4th 223 (4th Cir. 2023); Karp v. First Connecticut Bancorp, Inc., No. RDB-18-2496, 2021 U.S. Dist. LEXIS 77677 (D. Md. Apr. 9, 2021).
• Represented Avanos Medical Inc. in a securities class action arising out of its spin-off from its former parent company. The Second Circuit affirmed the district court’s decision granting a motion to dismiss the case. Jackson v. Abernathy, 960 F.3d 94 (2d Cir. 2020).
• Represented LHC Group in a putative securities class action filed in Kentucky federal court arising out of its merger with Almost Family. The court denied the plaintiff’s motion for a preliminary injunction to enjoin the merger and subsequently granted the defendants’ motion to dismiss. Stein v. Almost Family, Inc., No. 3:18-cv-00129-TBR, 2018 U.S. Dist. LEXIS 46910 (W.D. Ky. Mar. 22, 2018); In re Almost Family Secs. Litig., No. 3:18-cv-00040-RGJ, 2020 U.S. Dist. LEXIS 23456 (W.D. Ky. Feb. 11, 2020).
• Represented Grand Canyon Education Inc. and two of its officers in a securities class action in Delaware federal court, as well as a related shareholder derivative lawsuit in Delaware Chancery Court that was voluntarily dismissed with prejudice following the filing of the motion to dismiss.
• Represented 3D Systems and several current and former officers in a securities class action in New York federal court, as well as related shareholder derivative lawsuits in New York federal court and the South Carolina state court.

Tim Fitzmaurice concentrates his practice on defending public companies in securities class actions, shareholder derivative lawsuits, and M&A litigation, where Tim has successfully resolved claims for over $10 billion of M&A transactions. Tim also defends individuals, private firms, and public companies in SEC investigations and enforcement proceedings.

Bar Admissions

• Georgia
• New York

Education

• Fordham University (J.D., 2013)
• Boston College (B.A., 2010)