- Represented MiMedx Group, Inc. in a securities class action in Georgia federal court, where the client’s motion to dismiss was granted, 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., 2023 U.S. App. LEXIS 17370, ___ F.4th ____ (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).
- Representing Grand Canyon Education, Inc. and two of its officers in a securities class action in Delaware federal court.
- Representing 3D Systems and several current and former officers in a securities class action in New York federal court. Also representing 3D Systems, its board, and certain current and former officers in related shareholder derivative actions in New York federal court and the South Carolina Court of Common Pleas (York County).
- 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 the former CFO of Synchronoss Technologies in a securities class action in New Jersey federal court.
- Represented public companies in the power generation, telecommunications, medical technology, healthcare, three-dimensional printing and other industries in securities class actions and derivative lawsuits.
- Represented companies and individuals in SEC investigations and enforcement actions.
Senior Associate,
- Phone: +1 404 881 4640
- Email: tim.fitzmaurice@alston.com
With experience in a wide range of complex securities litigation matters, from state and federal government enforcement actions to securities fraud class actions and post-closing M&A disputes, Tim brings thoughtful solutions and creative strategies to bear for his clients.