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 legal community, having served as a director of the Texas Young Lawyers Association, the Dallas Association of Young Lawyers, and the Texas Aggie Bar Association. He currently serves as president of the Texas Aggie Bar Association and has been recognized for his dedication and service:

TYLA President's Award, 2019
TYLA Outstanding Director, 2018
TYLA Outstanding First-Year Director, 2017
DAYL Outstanding Committee Chair, 2016
DAYL Leadership Class Member, 2012

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 jury verdict in 2013.

Bar Admissions

2010, Texas; U.S. District Court for the Northern and Southern Districts of Texas

Education

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

Class Action Defense | Government Enforcement and Litigation | Internal Investigations and Crisis Management | Litigation | Privacy and Data Security | SEC Enforcement

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

Assessing the SEC's FY 2018 Enforcement Results
Haynes and Boone, LLP, November 2018

The SEC’s Division of Enforcement recently issued itsannual reportdetailing enforcement activities, statistics, and changes made in the past fiscal year (“FY 2018”). The report discusses several significant developments in the SEC enforcement landscape, including the creation of new task forces, first-of-their kind enforcement actions, and the impact of the Supreme Court’s decision inKokesh v. SEC, 137 S. Ct. 1635 (2017)...

SEC Announces First Enforcement Actions Against Unregistered Investment Adviser and Broker-Dealer in Cryptocurrency Sale
Haynes and Boone, LLP, September 2018

On September 11, 2018, the Securities and Exchange Commission (“SEC”) announced its first enforcement actions alleging that entities offering certain investments in cryptocurrencies should be registered as an investment adviser or broker-dealer...

Appointed Not Hired: The Supreme Court Rules on the SEC’s Administrative Law Judges
Haynes and Boone, LLP, June 2018

On June 21, in its much-anticipated decision inLucia v. Securities and Exchange Commission, the U.S. Supreme Court held that the SEC’s Administrative Law Judges (“ALJs”) are officers under the Constitution’s Appointments Clause. The decision requires that, moving forward, SEC ALJs be constitutionally appointed rather than hired like other employees...