Overview
Timothy E. Hoeffner is a co-head of the firm’s accounting defense and securities & corporate governance litigation practices. He represents leading accounting firms, issuers, directors, and officers in lawsuits, arbitration, and other proceedings involving federal regulators, bankruptcy trustees, shareholders, and noteholders. He also frequently represents accountants, issuers, and directors and officers in enforcement proceedings before the US Securities and Exchange Commission, Public Company Accounting Oversight Board (PCAOB), Department of Justice, and other federal and state regulatory authorities. His trial experience includes numerous cases in the United States, Europe, and Canada, as well as arbitration and regulatory proceedings.
Tim is currently handling global litigation and regulatory matters for a Big 4 firm in central European and Cyprus. He has successfully defended an accounting firm in a lengthy arbitration arising from the subprime market collapse based on the panel’s conclusion that the trustee failed to prove loss causation. Additionally, Tim was lead counsel in enforcement proceedings on behalf of an engagement partner that resulted in a dismissal of all claims following a hearing and appeal to the PCAOB.
Results
- Favorable resolution of claims brought by Florida insurance regulator against a major accounting firm in connection with a failure of insurance company
- Arbitration award and affirmance by Florida appellate courts in favor of major accounting firm in an arbitration, finding former officer was not entitled to payment of attorney’s fees following acquittal in criminal trial
- Teamsters Local 237 Global Fund v. Servicemaster Global Holdings, Inc., No. 22-5981(6th Cir. 2023); upholding dismissal of Section 10(b) relating to disclosure of product claims
- In re Amtrust Fin. Servs. Secs. Litig., No. 17-CV-1545 (2d Cir. S.D.N.Y. 2020); dismissing Sections 11 claim for failure to plead a material misstatement or omission; remaining claim is subject to a petition for certiorari to the US Supreme Court
- Island Partners v. Deloitte & Touche LLP, 05-cv-2770 (S.D.N.Y. and PA Superior Court): opinions granted summary judgment against successor to Rigis entities dismissing bulk of claims based on lack of standing and other grounds
- Plaisance v. Schiller Civ. No. H-17-3741 (S.D. Tex. 2019); dismissing Section 10(b) Exchange Act claim against accounting firm based on Omnicare decision
- In re Nortel Networks (Bankr. D. Del & Superior Court of Justice – Ontario 2015): adopted pro rata theory presented by Canadian Creditors Committee awarding $4 billion to Canadian entities in allocation trial*
- Bynum v. Deloitte Financial Advisory Services, No. 03497 (Pa. Ct. of Common Pleas 2014): granted motion for judgment on the pleadings dismissing defamation claim*
- Malack v. BDO Seidman, LLP, 617 F.3d 743 (3d Cir. 2010): affirmed denial of motion for class certification in Section 10(b) case and rejecting fraud created the market theory*
*Matter handled prior to joining the firm.
Recognitions
- Chambers USA, Accountant and Auditor Liability, 2025
- Legal 500 US, Recommended Lawyer, 2023-2025
- Thomson Reuters, Stand-out Lawyer – independently rated lawyers, 2023-2024
Community
- College Summit, regional advisory board member
- Team MVP, founder
Credentials
Education
New York Law School, JD, honors, 1986
Rutgers University, BA, 1983
Admissions
New York
Pennsylvania
Courts / Agencies
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Sixth Circuit
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US District Court for the Eastern District of Pennsylvania
