Timothy P. O'Toole
Member
Chair, Pro Bono Committee

Washington, D.C.
totoole@milchev.com
202-626-5552
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Timothy P. O'Toole

Timothy P. O'Toole counsels and defends individuals and companies in white collar criminal matters, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. His most significant area of white collar experience is in matters involving export controls and embargoes. He also has substantial experience defending cases involving allegations of fiduciary breach, fraud, bribery, public corruption, conspiracy, Lacey Act violations, false representations to government agencies and obstruction of justice.

Mr. O'Toole also handles complex litigation arising under the Employee Retirement Income Security Act (ERISA). His ERISA practice spans a broad spectrum, including fiduciary litigation, pre-emption matters, and cases arising under Title IV. He has represented plan sponsors in benefits litigation and has particular experience in defending breach of fiduciary duty claims. Mr. O'Toole also currently represents a number of retiree organizations in challenges to the manner in which the Pension Benefit Guaranty Corporation (PBGC) has handled the termination of their pension plans and administered their pension benefits.

Mr. O'Toole is experienced in handling criminal and civil appeals, having presented more than 30 appellate arguments in the state and federal courts, and represented parties and amici curiae before the United States Supreme Court in a variety of cases. More >

Representative Engagements|View All

  • Defended individual in pursuing double jeopardy allegations before U.S. Supreme Court
     
  • Advised company in navigating complex subpoena issues in wide-ranging embargo investigation.
     
  • Advised companies and individuals on Cuba, Ukraine and Iran embargoes.
     
  • Defended insurer facing suit under ERISA by a group of health care providers.
     
  • Defended foreign government in several complex cases arising out of anti-terrorism laws.
Government Experience
  • Chief, Special Litigation Division, Public Defender Service for the District of Columbia, 2003 - 2007
  • Staff Attorney, Appellate Division, Public Defender Service for the District of Columbia, 2000 - 2003
  • Assistant Federal Public Defender, Las Vegas, Nevada, 1996 - 2000
  • Appellate Deputy Public Defender, Nevada State Public Defender's Office, 1995 - 1996
Corporate Experience
Rankings and Recognition
  • Legal 500:  Labor & Employment:  ERISA Litigation, 2013 - 2015
Professional and Community Involvement
  • Liaison to the ABA Criminal Justice Section's Standards Committee Task Force on Discovery Standards, National Association of Criminal Defense Lawyers 
  • Co-Chair, White Collar Crime Committee, National Association of Criminal Defense Lawyers 
  • Member, Board of Directors, National Association of Criminal Defense Lawyers 
  • Co-Chair, NACDL's 2nd, 3rd, 4th and 5th Annual West Coast White Collar Seminars 
  • Vice Chair, Amicus Committee for the D.C. Circuit, National Association of Criminal Defense Lawyers
Bar Admissions
  • District of Columbia
  • California
  • Virginia
Court Admissions
  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States District Court for the District of Columbia
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California
  • United States District Court for the District of Nevada
  • United States District Court for the Eastern District of California
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Eastern and Western Districts of Virginia
Clerkships
  • Clerk, The Honorable Charles E. Springer, Supreme Court of Nevada
Foreign Languages
Education
  • J.D., University of Virginia School of Law, 1990
  • B.A., University of Virginia, cum laude, 1987