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Overview

Tim is a fierce advocate for employers facing complex labor & employment challenges.

As an experienced litigator, Tim represents employers before state and federal courts and administrative agencies. Local Nebraska businesses and Fortune 500 companies in food and agriculture, technology and software, banking and finance, construction and real estate, healthcare and pharmaceutical, entertainment and insurance are among those relying on his individual and class action experience. Tim also has a wealth of experience counseling companies through employment issues outside of the courtroom, including:

  • Wage and hour issues
  • Non-compete and other employment agreements
  • State and federal discrimination and harassment
  • Employee benefits, health and wellness plans
  • Collective bargaining agreements

Tim is known not only for his availability to clients, but also for working side-by-side with employers, recognizing their operational demands and long-term goals when designing legal strategies and solutions. Clients also appreciate his extensive background handling complex commercial litigation. Tim’s litigation experience in the highly regulated areas of banking, real estate and construction allows him to identify issues at a compliance stage, setting businesses on a proactive and cost-effective path that mitigates exposure and avoids disputes. Prior to joining the firm’s Omaha office, Tim practiced in Las Vegas for more than a decade at national and international law firms.


Industry

Services

Recognition

  • Martindale-Hubbell AV Preeminent
  • Mountain States, Super Lawyers, Rising Stars, 2012; Business Litigation, 2013-2019
  • Nevada Business magazine, Southern Nevada's Top Attorneys, 2011-2018

Education

  • J.D., University of Nebraska College of Law
    • With distinction
    • Nebraska Law Review, Executive Editor
    • Litigation Skills Concentrated Study
  • B.S., University of Nebraska at Kearney
    • With honors
    • Criminal Justice

Admissions

  • Nebraska
  • Nevada

Professional Memberships and Certifications

  • American Association for Justice (AAJ), 2007-Present
  • Defense Research Institute (DRI), Insurance and Health Law Section, 2007-Present
  • Nebraska State Bar Association
  • Society for Human Resource Management (SHRM), 2007-Present
  • State Bar of Nevada
Experience

Labor & Employment

  • Obtained favorable settlement and dismissal of lawsuit for subcontractor in casino construction regarding Employee Retirement Income Security Act (ERISA) litigation and obligations to make trust fund contributions under collective bargaining agreements.
  • Secured summary judgment for major casino employer facing discrimination litigation.
  • Represented product manufacturer and owner of valuable trade secrets as it enforced non-compete agreement, resulting in shut-down of competing counterparty and monetary damages being paid to client.
  • Represented general contractor regarding $400M construction project in both administrative proceedings and litigation, confirming judgment in favor of contractor on all claims.

Banking, Finance & Securities

  • Represented national bank in consumer class action related to purchase and finance of residential units at $500M condominium conversion project.
  • Represented regional bank at trial resulting in favorable verdict for client regarding its handling of customer accounts to satisfy obligations under letter of credit.
  • Defended joint venture purchaser of commercial loans totaling $800M to enforce its security interests in Nevada collateral.
  • Successfully prosecuted state court litigation to seize and sell equipment and inventory of major nightclub operator through writs of attachment and execution.

Real Estate & Construction

  • Represented prime contractor in litigation and mediation related to construction of gold mine that resulted in contractor obtaining substantial payments and setoffs from subcontractors and their sureties.
  • Represented major casino in successful arbitration of payment and performance dispute related to its exterior improvements.

Other Representation

  • Represented and counseled receiver of custodian of retirement accounts totaling $300M.
  • Successfully defended auto parts manufacturer in several product defect and wrongful death cases.
  • Successfully represented private investor to obtain majority control and ownership of valuable gaming technology.
  • Represented international insurer in federal court to enforce deductible and other insured obligations totaling $50M that resulted in favorable settlement just several weeks prior to jury trial commencing.
Outside the Office

Tim’s high mark as a sports fan was throwing out the first pitch at a game for the St. Louis Cardinals – his favorite team. In addition to St. Louis, Tim and his wife have traveled much of the United States: 45 states and counting.

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