Timothy S. Kearns

  • Partner
  • Washington, DC
he / him / his
  • tkearns@hausfeld.com
  • +1 202 540 7227
  • http://www.linkedin.com/pub/timothy-kearns/2b/552/54a/
timothy-s-kearns-1.jpg

OVERVIEW

Timothy has substantial experience representing both plaintiffs and defendants, through trial and appeal if necessary, providing him with greater insight into the benefits and risks that matter most to clients. Timothy has successfully represented clients at every level of state and federal courts and the Supreme Court of the United States; his efforts have helped his clients recover more than $2.8 billion in settlements.

In the antitrust realm, Timothy has litigated both cartel and monopoly actions against many of the world’s largest corporations. He regularly acts in matters involving cross-border conduct and conspiratorial conduct with respect to complex financial instruments. 

Beyond antitrust, Timothy heads the firm’s investigation of False Claims Act/whistleblower cases as well as matters under the securities and commodities laws.

Service to the community is paramount to Timothy, who is an active member of our Racial Justice and Social Inclusion working groups; in his free time, he regularly volunteers at a local animal shelter.

Clients

Timothy’s clients include individual investors, investment funds, state governments, independent pharmacies, and multinational corporations. His dedication to helping clients realistically assess their options before and throughout litigation and his tenacity in securing a result, through appeal if necessary, help to ensure exceptional outcomes for his clients.

EDUCATION

Cornell Law School, J.D., 2006

Iowa State University, B.A., 2003

BAR ADMISSIONS

Delaware

District of Columbia

United States District Court for the District of Delaware

United States District Court for the Eastern District of Wisconsin

AFFILIATIONS

American Bar Association, Member

American Constitution Society, Member 

Society for American Baseball Research, Member

WHAT OTHERS SAY

Global Competition Review

  • Cartel Prosecution of the Year: an honor he received as part of the In re Foreign Exchange Benchmark Rates Antitrust Litigation case team in 2016.

Legal 500

  • Named a "heavyweight practitioner" in Antitrust in 2018

Super Lawyers

  • Rising Star, Antitrust Litigation in Washington, DC in 2016
  • Rising Star, Securities Litigation in Washington, DC in 2014 and 2015

EXPERIENCE

Antitrust/Competition

  • In re Foreign Exchange Benchmark Rates Antitrust Litigation– Timothy represented market participants in the foreign exchange market against international banks alleged to have fixed the price of foreign exchange instruments, securing settlements with 15 major financial institutions amounting to more than $2.3 billion.
  • In re Atlantic Farm-Raised Salmon Antitrust Litigation - Timothy represented direct purchasers of Atlantic farm-raised salmon and secured a $85 million global settlement with all defendant fish producers.
  • In re HIV Antitrust Litigation – Timothy represented direct purchasers of HIV drugs from a case alleging an anticompetitive “pay for delay” between drug manufacturers and secured a settlement of more than $245 million.
  • District of Columbia v. Amazon.com, Inc. – Timothy represents the District in an action alleging claims of illegal restraints of trade and monopolization against Amazon.com.
  • Precision Associates, Inc. v. Panalpina World Transport (Holding) Ltd.– Timothy represented two corporate defendants against allegations of antitrust violations within the global freight forwarding industry.
  • Osterhaus Pharmacy Inc. et al. v. Express Scripts Inc. et al. - Hausfeld represents pharmacy service providers in a class action alleging that Express Scripts conspired with rival Pharmacy Benefit Managers (PBMs) by entering into contracts to fix reimbursement rates and fees, in violation of the Sherman Act. 

Commercial & Financial Disputes

  • MTB Investment Partners, LP v. Siemens Hearing Instruments, Inc. – Timothy secured a securities fraud settlement that returned more than 115% of recognized losses after attorneys’ fees and expenses to former shareholders in HearUSA, Inc.
  • Timothy secured two favorable settlements for an Asian bank in litigation arising out of the bank’s investment in collateralized debt obligations.
  • Timothy represents whistleblowers and qui tam plaintiffs in confidential actions asserting wrongdoing by financial institutions and other major global corporations.

Pro Bono

  • Doe v. Indian River School District - prior to joining Hausfeld – Timothy represented Jewish families alleging discrimination in Delaware public schools, ultimately securing appellate unanimous reversal of the district court’s decision upholding school board prayer practices and denial of certiorari by the United States Supreme Court.