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Litigation
Timothy Macdonald is a partner in Arnold & Porter LLP’s litigation practice group. Mr. Macdonald is an experienced trial lawyer whose practice focuses on complex civil litigation. Mr. Macdonald has tried cases in federal court, bankruptcy court, state court, and before arbitration panels. He has litigated a broad range of cases on behalf of companies and individuals in courts across the country. Mr. Macdonald has far-ranging appellate experience, pursuing and defending appeals in the Federal Circuit, the First Circuit, the Second Circuit, the Eighth Circuit, the Ninth Circuit, the Tenth Circuit, the DC Circuit, and various state appellate courts.
Mr. Macdonald graduated magna cum laude from the University of Michigan Law School in 1996, where he served on the editorial board of the Michigan Law Review and was awarded the Order of the Coif. Following law school, Mr. Macdonald was awarded a Bates Fellowship to work for a human rights law group in Cape Town, South Africa. From 1997 to 1998, Mr. Macdonald clerked for The Honorable Emilio M. Garza of the US Court of Appeals for the Fifth Circuit.
Litigation Representative Matters
Business Litigation
- Represent financial advisor and lender in securities fraud and breach of fiduciary duty litigation in federal and state court.
- Represent insurance carrier in fidelity bond case alleging fraud, breach of fiduciary duty, and fraudulent conveyance.
- Obtained defense judgment on behalf of insurance carrier in US$50 million coverage action.
- Obtained US$53 million judgment against federal government for breach of contract regarding nuclear waste disposal.
- Successfully settled fraud and breach of fiduciary duty claims against former CEO in federal bankruptcy court.
- Obtained plaintiff verdict on behalf of Indian tribe in arbitration regarding religious rights.
- Obtained defense judgment on behalf of directors and officers (D&Os) in wage act and breach of duty claims in federal court.
- Represent insurance carrier in D&O litigation in federal court.
- Obtained defense judgment in securities litigation against accounting firm in state court.
- Represent telecommunications company in fraud and breach of contract claims against WorldCom.
- Represent accounting firm in Public Company Accounting Oversight Board (PCAOB) investigation.
- Represent law firm in fraudulent conveyance and preference claims in bankruptcy court.
- Represent individuals in civil Racketeer Influenced and Corrupt Organizations Act (RICO) and fraud claims in federal court.
- Successfully settled federal court litigation for Indian tribe involving misrepresentation, fraud, and breach of trust claims.
- Obtained judgment for Indian tribe in land dispute litigation in federal court.
Environmental Litigation
- Represent power companies in groundwater contamination litigation in state court.
- Represent decommissioning nuclear power plant in litigation against US Department of Energy regarding nuclear waste.
- Represent landowner regarding energy and transmission line dispute.
- Represent manufacturing company in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contamination dispute.
- Represent wind developer on broad range of issues.
- Represent company in CERCLA indemnity dispute.
- Represent Indian Tribe in dispute regarding coal royalties.
- Represent landowner coalition regarding transmission line issues.
- Represent mining company in property and tort claims from forest fire.
Bankruptcy
- Represent insurance company in adversary proceedings in Bankruptcy Court.
- Represent company in preparing bankruptcy filing.
- Represent creditor and potential indemnitor in bankruptcy proceedings.
- Represent airline in contract rejection litigation and strike injunction proceedings.
- Litigated fraud and breach of contract claims against WorldCom on behalf of telecommunications company.
- Represent former CEO in breach of fiduciary duty, fraudulent conveyance, and preference claims in bankruptcy.
- Represent law firm in fraudulent conveyance and preference claims in bankruptcy.
Business Litigation
- Represent financial advisor and lender in securities fraud and breach of fiduciary duty litigation in federal and state court.
- Represent insurance carrier in fidelity bond case alleging fraud, breach of fiduciary duty, and fraudulent conveyance.
- Obtained defense judgment on behalf of insurance carrier in US$50 million coverage action.
- Obtained US$53 million judgment against federal government for breach of contract regarding nuclear waste disposal.
- Successfully settled fraud and breach of fiduciary duty claims against former CEO in federal bankruptcy court.
- Obtained plaintiff verdict on behalf of Indian tribe in arbitration regarding religious rights.
- Obtained defense judgment on behalf of directors and officers (D&Os) in wage act and breach of duty claims in federal court.
- Represent insurance carrier in D&O litigation in federal court.
- Obtained defense judgment in securities litigation against accounting firm in state court.
- Represent telecommunications company in fraud and breach of contract claims against WorldCom.
- Represent accounting firm in Public Company Accounting Oversight Board (PCAOB) investigation.
- Represent law firm in fraudulent conveyance and preference claims in bankruptcy court.
- Represent individuals in civil Racketeer Influenced and Corrupt Organizations Act (RICO) and fraud claims in federal court.
- Successfully settled federal court litigation for Indian tribe involving misrepresentation, fraud, and breach of trust claims.
- Obtained judgment for Indian tribe in land dispute litigation in federal court.
Environmental Litigation
- Represent power companies in groundwater contamination litigation in state court.
- Represent decommissioning nuclear power plant in litigation against US Department of Energy regarding nuclear waste.
- Represent landowner regarding energy and transmission line dispute.
- Represent manufacturing company in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contamination dispute.
- Represent wind developer on broad range of issues.
- Represent company in CERCLA indemnity dispute.
- Represent Indian Tribe in dispute regarding coal royalties.
- Represent landowner coalition regarding transmission line issues.
- Represent mining company in property and tort claims from forest fire.
Bankruptcy
- Represent insurance company in adversary proceedings in Bankruptcy Court.
- Represent company in preparing bankruptcy filing.
- Represent creditor and potential indemnitor in bankruptcy proceedings.
- Represent airline in contract rejection litigation and strike injunction proceedings.
- Litigated fraud and breach of contract claims against WorldCom on behalf of telecommunications company.
- Represent former CEO in breach of fiduciary duty, fraudulent conveyance, and preference claims in bankruptcy.
- Represent law firm in fraudulent conveyance and preference claims in bankruptcy.
Chambers USA: America's Leading Lawyers for Business 2012 for Litigation: General Commercial (Colorado)
Benchmark Litigation 2011 "Future Star" for Litigation in Colorado
Colorado Super Lawyers 2011 "Top 50 Lawyers in Colorado"
Colorado Super Lawyers 2009-2011 for Business Litigation
Chambers USA: America's Leading Lawyers for Business 2007-2011 for Litigation
2010 Estrella Award from Centro San Juan Diego & Archdiocese of Denver for steering committee of Legal Nights at Mi Casa Resource Center for Women and Centro San Juan Diego
2009 Task Force of the Year Award from Colorado Lawyers Committee for work on the Homeless ID Task Force
Denver Business Journal named Timothy Macdonald it its "Forty Under 40" list of business leaders in its March 7, 2008 issue. The list was determined by business leadership, community involvement, and recognition of accomplishments. Mr. Macdonald was noted for spending "hundreds of hours every year with nonprofits and on pro bono cases, and even founded some of his own philanthropic projects." Winners will be honored at a public event on March 20.
Denver Business Journal 2008 "Forty Under 40"
2007 Task Force of the Year Award from the Colorado Lawyers Committee for work establishing Project Homeless Connect legal steering committee
2006 Community Contribution Award from the Colorado Lawyers Committee for litigation to improve state ID regulations
2006 Social Work Advocate Award for pro bono work defending the patient-therapist privilege on behalf of victims of sexual assault
Lawdragon 500 "New Stars, New Worlds" 2006
2005 Richard Marden Davis Award for excellence in the practice of law and a commitment to public service
Nominated for the “Colorado Lawyers Committee Individual of the Year” in 2006 and 2007
Professional Activity
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Executive Committee and Member of Board of Directors, Colorado Lawyers Committee
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Frequent lecturer on ethics and pro bono programs
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Chair, Legal Night Task Force, Lawyers Committee
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Co-Chair, Project Homeless Connect Task Force, Colorado Lawyers Committee
Community Activity
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Serves on the Homeless ID task force
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Co-founder and organizer of legal night clinics at Mi Casa Resource Center for Women and Centro San Juan Diego, serving approximately 2,000 individuals and families per year
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Served on the Board of Directors for several nonprofit organizations