Timothy Carey is a partner in Winston & Strawn’s litigation practice group. Mr. Carey focuses his practice in litigation, appellate work, arbitration, and alternative dispute resolution. In particular, he regularly advises energy companies in litigation and other regulatory matters related to the trading of physical, over-the-counter, and exchange-traded energy products, including oil, gasoline and other refined products, natural gas, and power. Mr. Carey also advises broker-dealers, futures commission merchants, energy merchants and traders, and other financial and lending institutions on compliance issues for energy industry transactions.
In addition, Mr. Carey counsels clients in connection with banking and financial litigation matters related to physical and financial commodities and derivatives, including advice regarding development, implementation, and maintenance of trading compliance programs.
Mr. Carey has appeared numerous times in state and federal courts, representing clients in class actions, mass actions, and arbitrations before nearly all of the U.S. arbitration forums that hear matters relating to securities, commodity futures, other derivatives, and reinsurance. Mr. Carey has more than 20 years experience as an arbitrator for the National Futures Exchange and the Chicago Mercantile Exchange.
Mr. Carey represents companies and individuals in enforcement proceedings brought by the Securities and Exchange Commission, the Commodity Futures Trading Commission, and other state and federal agencies, as well as various securities and commodities self-regulatory organizations. He has also litigated extensively in the United States bankruptcy courts in financial services matters, including cases relating to commodity brokers and hedge funds. Mr. Carey conceived and successfully defended a strategy that permitted a commodity broker client to proceed under Chapter 11 of the Bankruptcy Code, the first and only time this had been accomplished.
Mr. Carey received a B.A. in Psychology from the University of Notre Dame in 1973 and his M.B.A., with distinction, from Bryant College in 1977. He received his J.D., summa cum laude, from University of Notre Dame Law School in 1980, where he served as the executive editor of the Notre Dame Law Review.