Tim A. O’Brien is an Associate in the Litigation Department of Morrison & Foerster LLP. His practice focuses on complex business litigation on behalf of mature companies and emerging businesses, including financial institutions, mutual fund companies, and their officers and directors. Mr. O’Brien advises clients on disputes relating to securities issues (including class actions), commercial contracts, antitrust and business torts, including claims such as civil conspiracy, fraud, unfair competition, tortious interference, breach of fiduciary duty, and misappropriation of trade secrets.

Mr. O’Brien has experience in every aspect of jury and bench trials, from pre-complaint negotiations through verdict. He has prepared motions to dismiss, answers to complaints, interrogatories, document requests, responses to discovery requests, motions for and oppositions to summary judgment, jury instructions, voir dire, and verdict forms. Mr. O’Brien has experience conducting internal corporate investigations involving alleged violations of the Foreign Corrupt Practices Act and backdating of stock options. He has also appeared before several federal courts and has experience in arbitration proceedings before the American Arbitration Association.

Some of Mr. O’Brien’s representative matters include:

• Successful defense of a mutual fund company in a series of class actions in the Southern District of New York and the Eastern District of Missouri based upon the conversion of common trust funds by an affiliated bank and the bank’s investment of fiduciary assets in affiliated mutual funds.
• Representation of a mutual fund company in regulatory proceedings initiated by the office of the New York Attorney General related to allegations of marketing timing and late trading, and the defense of related class actions and derivative suits.
• Representation of a bank in an investigation by the office of the New York Attorney General and the Federal Deposit Insurance Corporation involving alleged violations of the state and federal consumer protection laws, arising from the bank’s credit card program.

Before associating with Morrison & Foerster, Tim O’Brien graduated from the Georgetown University Law Center (J.D. 2002) and Tufts University (B.A. 1997). He is licensed to practice law in the District of Columbia and New York, and is admitted to practice before the United States Courts of Appeals for the Eighth Circuit, the United States District Courts for the District of Columbia, and the Eastern and Southern Districts of New York.