Tim Clinton
Tim Clinton is the founder and managing partner of Clinton Brook & Peed, a boutique litigation firm with offices in New York and Washington. He has thrice been named “Top 40 Under 40” by the American Society of Legal Advocates, and twice selected a Rising Star by SuperLawyers Magazine.
As a former BigLaw litigator, an entrepreneur and an in-house general counsel, Mr. Clinton has a broad range of experience to help his clients navigate through some of their most challenging legal issues. Mr. Clinton is capable of ably handling many types of litigation, appellate, and arbitration matters as well as a range of business transactions and advice.
Representative Matters:
- Successfully resolved contentious litigation relating to future of successful corporation due to board of directors deadlock, in multiple cases involving allegations of fraud, breach of fiduciary duty, corporate waste, excessive compensation, diversion/usurpation of corporate opportunities, and an action for appointment of a custodian.
- Lead counsel in law firm dissolution and related arbitration and litigation, involving successfully defending two separate petitions for involuntary bankruptcy, successfully staying two state cases in favor of arbitration, and successfully defending allegations of fraud, breach of fiduciary duty, corporate waste, and other claims.
- Lead plaintiffs’ counsel in dispute involving allegations of fraud, breach of contract, and violations of D.C.’s Consumer Protection Procedures Act, in novel context of post-contracting fraud inducing the plaintiffs to perform rather than breach.
- Successfully defended Ali Mohamed Ali, former Director General of Education for Somaliland, against charges of piracy under the law of nations, conspiracy, and hostage taking, stemming from his role in helping to negotiate the release of a ship that had been hijacked by Somali pirates. The district court approved the Firm’s motion to dismiss the conspiracy count, and that ruling was affirmed on appeal. After a three week trial in November 2013, Mr. Ali was found not guilty of piracy — a charge which carried a mandatory life sentence if he had been convicted– but the jury hung on the remaining counts. Although the government initially sought to retry Ali on the hung counts, the Firm filed a motion arguing that retrial would violate the Double Jeopardy Clause of the Constitution. The government ultimately capitulated and agreed that retrial would be unconstitutional, and the charges were dismissed in their entirety. Many of the key documents in the case may be found here.
- Successfully represented a government contractor in connection with a stop work order and proposed termination for convenience regarding a major contract to ship equipment overseas.
- Successfully represented international fashion designer whose dresses have been featured on ABC’s Dancing with the Stars and other prominent venues in bet-the-company trademark dispute.
- Negotiated a multi-party software development, royalty, and licensing agreement between Seismic Games, Inc., the American Values Institute, the Charles Hamilton Houston Institute for Race and Justice of Harvard Law School, and the Kirwan Institute for the Study of Race and Ethnicity, part of The Ohio State University, on behalf of client Justice Education Solutions, LLC.
- Working together with now U.S. Attorney General Eric Holder, prevailed on interlocutory appeal before the Fifth Circuit in a Section 1983 case on behalf of a Louisiana man who spent more than half of his life in prison for a crime he did not commit.
Honors & Recognition:
- American Society of Legal Advocates (ASLA), Top 40 Under 40 Litigation Lawyers in D.C. (2016)
- Washington DC SuperLawyers Magazine, selected for inclusion, “Rising Stars” (2014 & 2015)
- American Society of Legal Advocates (ASLA), Top 40 Under 40 Criminal Defense Lawyers in D.C. (2014 & 2015)
- Chief Judges of the D.C. Court of Appeals and the D.C. Superior Court, “Capital High Pro Bono Honor Roll” (2011, 2012, 2013, 2014)
- American-Arab Anti-Discrimination Committee, Pro Bono Attorney of the Year (2006)