Timothy Fazio is a high-stakes litigator and trial lawyer who maintains a diverse national practice, concentrating in complex business litigation and government and internal investigations. In nearly 20 years of practice, Tim has represented and advised clients in a host of significant litigation and investigation matters ranging from breach of contract litigation to investigations by the US Department of Justice and State Attorney Generals.
Tim routinely handles “bet-the-company”-size matters in state and federal courts throughout the country, often in partnership with lawyers in our other offices. First and foremost a client’s advisor and counsel, Tim spends much of his practice assisting clients privately, strategically planning alternative paths to avoid litigation and unwanted publicity, while efficiently, discreetly and favorably resolving business disputes and both internal and government investigations.
Litigation is often unavoidable, or the best option for a client, in which case Tim works closely with in-house counsel to prepare the most effective strategy for success. Tim’s wide range of business litigation and trial experience has included breach of contract matters, fraud claims, construction litigation, breach of executive employment contracts, mass disaster products liability matters, direct and derivative shareholder actions, unfair and deceptive trade practices, noncompete and business interference litigation, environmental litigation, False Claims Act matters and securities litigation, among others.
Tim regularly advises clients on sensitive internal and government investigation matters, partnering with in-house counsel, corporate security and internal audit to investigate, assess and address matters swiftly and privately. When a government agency or law enforcement contacts a client, Tim is the first call and immediately works to assess and take control of the situation in partnership with the client, and with a thorough understanding of the importance of working with the government to the extent possible. Over the course of his career, Tim has handled matters involving various federal and state agencies, including the US Department of Justice, Department of Labor, Department of Agriculture, the Defense Contract Audit Agency and multiple state attorneys general, including Massachusetts, New York and California.
Tim has extensive experience with a variety of alternative dispute resolution mechanisms designed to mitigate the expense, business interruption and uncertainty of litigation—including AAA arbitration, court-assisted mediation programs and private mediation—as well as minimize unwanted publicity.
As an essential part of complex practice in the electronic age, Tim regularly advises clients on the latest e-discovery best practices, including legal holds, data preservation and data production, working with e-discovery vendors and consultants, and managing e-discovery in anticipation of, during and after litigation and particularly regarding the sensitivities of government investigations. Tim regularly contributes to Federal Civil Litigation in the First Circuit, Chapter 3: Discovery.
Tim served for two years as the law clerk to US Magistrate Judge Joyce London Alexander Ford in the US District Court for the District of Massachusetts and throughout his career has engaged in extensive pro bono work representing indigent clients in family law, real property evictions, Social Security benefit, and asylum cases.