Timothy W. Blakely

Timothy W. Blakely

Education

Bowdoin College (A.B., 1996)
University of Pennsylvania Law School (J.D., 2001)

Bar Admissions

Maine
New York
California
Hong Kong (Solicitor)

Clerkships

Hon. Mary A. McLaughlin, U.S. District Court, E.D. Pennsylvania (2001-2002)

Timothy Blakely is head of Morrison & Foerster’s Hong Kong Litigation Department and a partner in the firm’s Securities Litigation, Enforcement, and White-Collar Criminal Defense practice group. Mr. Blakely’s practice focuses on government and internal investigations and complex commercial litigation and arbitration matters.

Mr. Blakely represents companies and individuals in government investigations, regulatory proceedings, internal investigations, international arbitrations, securities class action lawsuits, and other complex dispute-related matters. Mr. Blakely also advises clients about U.S. trade sanctions and embargoes (OFAC) and other compliance issues. Mr. Blakely has represented multinational and Chinese clients in various industries, including telecommunications, biotechnology, publishing, pharmaceuticals, and financial services.

Mr. Blakely is a member of the firm’s global anti-corruption and compliance team. He conducts internal investigations throughout Asia of potential violations of anti-corruption laws, leads pre-acquisition anti-corruption related due diligence and post-closing remediation, and regularly provides advice, counseling, and training to clients about FCPA and anti-corruption related issues.

As a Hong Kong solicitor, Mr. Blakely has been instructed by clients in key contentious proceedings before Hong Kong courts, regulators, and statutory tribunals. He has advised clients in investigations by regulators including the Securities & Futures Commission, and in proceedings before the Telecommunications (Competition Provisions) Appeal Board.

Mr. Blakely was named to Global Investigation Review’s inaugural “40 Under 40” list of the world’s leading investigations lawyers under the age of 40, and is ranked by Chambers as a leading lawyer in China for Corporate Investigations/Anti-Corruption. He is a regular speaker and writer on topics including international anti-corruption matters, cross-border shareholder litigation, government enforcement and investigations, international arbitration, and risk mitigation.

As a Hong Kong solicitor, Tim has been instructed by clients on key contentious proceedings before Hong Kong courts, statutory tribunals, and regulators.  This has included contentious proceedings before the Telecommunications Appeal Board, the Hong Kong High Court (Court of First Instance and Court of Appeal), and representing clients in connection with investigations by the Securities & Futures Commission.

Mr. Blakely graduated, magna cum laude, from Bowdoin College in 1996, with an A.B. in Government. He received his J.D., magna cum laude, in 2001 from the University of Pennsylvania, where he served as Senior Editor of the Law Review and was elected to the Order of the Coif. Following his graduation from Penn, Mr. Blakely served as a law clerk to the Honorable Mary A. McLaughlin in the United States District Court for the Eastern District of Pennsylvania. Prior to joining Morrison & Foerster, Mr. Blakely was an associate with Cravath, Swaine & Moore LLP in New York.

Mr. Blakely is admitted to the bars of California, New York, and Maine, and as a solicitor in Hong Kong.

Representative Matters

Litigation and Arbitration

  • Representing Fortune 100 technology company in contentious regulatory proceedings involving administrative and court actions in Hong Kong.  
  • Representing Hong Kong investor in HKIAC arbitration proceeding against Chinese partner arising out of manufacturing joint venture in China.
  • Representing Chinese investors in international dispute over ownership of China real estate project, with ongoing legal proceedings in the Caribbean, Hong Kong, and China.
  • Representing leading U.S.-based food production company in Hong Kong court proceedings to recover proceeds of fraud.
  • Represented Hong Kong and Chinese investors in insider trading litigation prosecuted by the SEC in the Southern District of New York.
  • Represented China-based private equity fund in HKIAC arbitration proceeding arising out of proposed investment in U.S. technology company. Successfully obtained arbitration award for full amount at issue and enforced that award in U.S. courts.
  • Represented U.S.-listed technology company in Hong Kong court proceedings to recover proceeds of fraud.  Successfully obtained Mareva injunction and enforced judgment against Hong Kong assets.
  • Represented U.S.-listed Chinese company in U.S. class action securities litigation and related federal and state derivative lawsuits.
  • Represented Ernst & Young in SP Syntax LLC v. Ernst & Young LLP, et al. (Cal. Super. Ct.) Won a unanimous jury verdict on behalf of Ernst & Young, defeating claims that the firm had made negligent representations in connection with financial statements issued by a U.S.-listed company with significant operations in Hong Kong and China.
  • Represented JDSU and former executives in In re JDSU Securities Litigation. (N.D. Cal.) Obtained a complete jury defense verdict on behalf of JDSU and three former executives in a class action seeking $20 billion for alleged securities fraud and illegal insider trading. 
  • Represented Russian technology company and inventor in JAMS Arbitration. Obtained arbitration victory on behalf of a Russian technology company and inventor involving breach-of-contract and fraud claims arising from purchase of an Armenian technology company.
  • Represented underwriter in In re Occam Networks Securities Litigation. (C.D. Cal.) Represented lead underwriter in a class action lawsuit arising out of a financial restatement by a telecommunications company following a registered stock offering. The case settled on favorable terms— with no payment by our client.

Internal and Government Investigations

  • Representing U.S.-listed Chinese company in SEC and DOJ investigations involving allegations of fraud and other potential violations of U.S. securities laws.
  • Representing Hong Kong based investment fund in Hong Kong SFC investigation into alleged violations of the Securities and Futures Ordinance.
  • Representing Fortune 500 manufacturing and technology company in internal investigation in China of potential violations of FCPA and related anti-corruption laws related to transaction with Chinese SOE.
  • Representing leading multinational manufacturing company in internal investigation of potential violations of FCPA and related anti-corruption laws related to transactions in China, Japan, North Africa, and Europe.
  • Represented Fortune 500 retailer in internal investigation of potential violations of the FCPA and related anti-corruption laws in China and Hong Kong.
  • Represented Fortune 100 retailer in internal investigations in China of potential violations of labor and tax regulations and policies.
  • Represented Hong Kong-listed Chinese company in internal investigation of potential violations of listing rules and policies concerning insider dealing.
  • Represented Fortune 500 corporation in internal investigation of potential violations in China of the FCPA and related anti-corruption laws; implemented post-investigation remediation and training program.
  • Represented U.S.-listed technology company in internal investigation of potential violations in Taiwan of import-export laws and U.S. accounting guidelines.
  • Represented U.S.-listed global biotechnology company in SEC investigation involving allegations of improper self-dealing and other potential violations of U.S. securities laws.

Mr. Blakely was recently named to Global Investigation Review’s inaugural “40 Under 40” list of the world’s leading investigations lawyers under the age of 40. He was also recommended for Dispute Resolution: Litigation in Hong Kong by Legal 500 Asia Pacific 2017.

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