Timothy J. MacFall

Senior Counsel

Phone: (212) 951-2032 Fax: (212) 779-3218

Timothy J. MacFall has represented city and state pension funds, union pension funds, individual investors, and consumers in shareholder derivative litigation, securities fraud litigation, and consumer protection litigation in federal and state courts throughout the United States since 1992.  He was selected for inclusion in the New York Super Lawyers – Metro Edition magazines in 2010-2011, and 2013-2025.

Mr. MacFall has had significant participation in notable corporate litigations, including Mason-Mahon, et al. v. Flint, et al., Index No. 602052/2014 (Sup. Ct., Nassau County), the first settlement of a shareholder derivative action in the U.S. to provide a cash recovery to a foreign corporation.  In that case, plaintiff asserted claims against the directors of HSBC Holdings plc, an English bank holding corporation (“HSBC”), for causing and/or allowing HSBC to repeatedly violate U.S. anti-money laundering (“AML”) and sanctions laws, as well as New York State banking laws. After reversal of the trial court’s dismissal for purported failure to comply with English law (Mason-Mahon v. Flint, 166 A.D.3d 754 (2d Dept. 2018)), a settlement was achieved that provided for a $72.5 million cash payment to HSBC, along with the implementation of corporate governance enhancements that substantially bolstered HSBC’s AML and sanctions compliance policies and procedures.

Among other actions in which Mr. MacFall has had significant involvement are: In re Metrologic Instruments, Inc. Shareholders Litig., Docket No. L-6430-06 (N.J. Super. Ct.) ($21.7 million cash settlement for minority shareholders in going-private buyout); Davydov v. Roberts, C.A. No. 2021-0415-SG (Del. Ch.) ($7.5 million cash settlement and implementation of corporate governance reforms in shareholder derivative action); In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., Case No. 2:13-md-02451-ADS-AKT (E.D.N.Y.) ($32 million cash settlement for bank customers who were charged unlawful overdraft fees); In re Marsh & McLennan Companies, Inc. Sec. Litig., 04-CV-08144 (CM) (S.D.N.Y.) ($400 million cash settlement); In re Royal Dutch/Shell Transport Securities Litig., No. 04-374 (D. N.J.) ($166.6 million cash settlement); In re Cigna Corp. Securities Litig., No. 2:02 CV 8088 (E.D. Pa.) ($93 million cash settlement); In re Taser International, Inc. Securities Litig., No. C05-0115 (D. Ariz.) ($20 million cash settlement); and In re Terayon Commc’n Sys., Inc. Sec. Litig., Case No. 3:00-cv-1967-MHP (N.D. Cal.) ($15 million cash settlement).

Prior to private practice, Mr. MacFall had extensive experience as a government attorney. He served as an Assistant District Attorney in the Kings County District Attorney’s Office; a Trial Attorney in the Immigration & Naturalization Service; a Special Assistant United States Attorney for the Eastern District of New York, Criminal Division; and a Special Assistant United States Attorney for the Southern District of New York, Civil Division. Mr. MacFall was also a speaker at the U.S. State Department where he gave a presentation to a legal delegation from the United Kingdom about pending extradition litigation and the 1986 Supplementary Treaty Between the United States of America and the United Kingdom of Great Britain and Northern Ireland; was a lecturer at Immigration & Naturalization Service Special Agent training seminars; and helped to prepare, and appeared in, a New York City Police Department training film on trial testimony.