Timothy Hoeffner

Timothy E. Hoeffner is co-chair of Dechert's accounting defense practice. He represents leading accounting firms, issuers, directors and officers in high-stakes litigation, arbitration and regulatory enforcement matters involving federal regulators, bankruptcy trustees, shareholders and noteholders. Mr. Hoeffner’s trial experience spans the United States, Europe and Canada and includes complex proceedings before the U.S. Securities and Exchange Commission (SEC), Public Company Accounting Oversight Board (PCAOB) and U.S. Department of Justice (DOJ). Mr. Hoeffner is also an experienced securities and corporate governance litigator.

Mr. Hoeffner handles global litigation and regulatory matters for a Big Four accounting firm in central Europe and Cyprus. He has successfully defended an accounting firm in a lengthy arbitration stemming from the subprime market collapse, with the panel concluding that the trustee failed to prove loss causation. As lead counsel in PCAOB enforcement proceedings, he obtained dismissal of all claims against an engagement partner following a contested hearing and appeal.

Arbitration award and affirmance by Florida appellate courts in favor of major accounting firm in an arbitration, finding former officer was not entitled to payment of attorney’s fees following acquittal in criminal trial.*
Teamsters Local 237 Global Fund v. Servicemaster Global Holdings, Inc., No. 22-5981 (6th Cir. 2023); upholding dismissal of Section 10(b) relating to disclosure of product claims.*
In re Amtrust Fin. Servs. Secs. Litig., No. 17-CV-1545 (2d Cir. S.D.N.Y. 2020); dismissing Sections 11 claim for failure to plead a material misstatement or omission.*
Island Partners v. Deloitte & Touche LLP, 05-cv-2770 (S.D.N.Y. and PA Superior Court); opinions granted summary judgment against successor to Rigis entities dismissing bulk of claims based on lack of standing and other grounds.*
Plaisance v. Schiller Civ., No. H-17-3741 (S.D. Tex. 2019); dismissing Section 10(b) Exchange Act claim against accounting firm based on Omnicare decision.*
In re Nortel Networks (Bankr. D. Del & Superior Court of Justice – Ontario 2015); adopted pro rata theory presented by Canadian Creditors Committee awarding US$4 billion to Canadian entities in allocation trial.*
Malack v. BDO Seidman, LLP, 617 F.3d 743 (3d Cir. 2010); affirmed denial of motion for class certification in Section 10(b) case and rejecting fraud created the market theory.*

*Includes matters handled at Dechert or prior to joining the firm.

Chambers USA, Accountant and Auditor Liability, 2025
The Legal 500 US, Recommended Lawyer, 2023-2025
Thomson Reuters, Stand-out Lawyer – independently rated lawyers, 2023-2024

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New York Office

Three Bryant Park, 1095 Avenue of the Americas, New York, NY, United States of America 10036-6797
- +1 212 649 8776
- +1 212 698 3599

Services

Litigation

Bankruptcy and Creditors' Rights Litigation

Securities Litigation/Enforcement

Enforcement and Investigations

Complex Commercial Litigation

- Rutgers University, B.A., 1983
- New York Law School, J.D., 1986, honors
- New York
- Pennsylvania
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Third Circuit
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States District Court for the Eastern District of Pennsylvania