The outcome of the presidential election, and Mary Jo White’s announcement of her intent to step down as chair of the Securities and Exchange Commission, are sure to kick off an avalanche of prognostication about her successor, the direction of the SEC, and the fate of some of the laws
Tim Mungovan is the immediate past chair of the Firm’s Litigation Department, chair of the Securities Litigation practice and is currently a member of the Firm’s Executive Committee. His practice is focused on securities, commercial litigation, governance, and bankruptcy-related matters. He has a national reputation for advising sponsors of private investment funds (hedge, private equity, private credit and venture capital) in a wide variety of matters, including litigation, governance, securities, fiduciary obligations, and regulatory enforcement.
Chambers USA describes Tim as “an extraordinary lawyer who is a fierce and very talented litigator. He is extremely knowledgeable, responsive and client-oriented.” Best Lawyers in America lauds Tim’s experience, integrity, work ethic, communications and courtroom skills. Tim has been listed in the “Top 100 Lawyers” in Massachusetts, and Benchmark Litigation has continually recognized Tim as a Litigation Star in Massachusetts.
Over the last six years, Tim has been the lead litigator representing the Financial Oversight and Management Board for Puerto Rico in the historic restructuring of Puerto Rico’s debts. The scale and complexity of this restructuring has resulted in one of the most active litigation dockets in the U.S. Almost every aspect of the litigation involved matters of first impression in part because the restructuring is governed by the Puerto Rico Oversight, Management, and Economic Stability Act, which was enacted for Puerto Rico in 2016. The track record of success speaks for itself: in the more than 150 lawsuits filed, Tim and the Proskauer team have prevailed in almost 95% of the cases.
Tim is recognized nationally for his experience in private fund litigation and disputes, having focused on the industry for more than 25 years. As part of that focus, Tim created and is the lead editor of Proskauer’s blog on Private Equity litigation, The Capital Commitment.
For trial lawyers, hostile adversaries are par for the course. But judges are supposed to be irreproachably impartial, right? That is, after all, the very cornerstone of our judicial system. So when you find yourself trying a case in front of a judge who is openly hostile to your witnesses or your client’s case – particularly if you feel the hostility is unwarranted or comes seemingly out of the blue – it can rattle even the most seasoned trial lawyer. And while it can be an incredibly frustrating experience to say the least, you don’t have to let it throw you off your game. Below are six tactics to keep in mind when your trial judge clearly, unequivocally, and openly, isn’t buying what you’re selling: