Timothy J. Pastore is a partner in Montgomery McCracken’s Litigation Department, chair of the firm’s Commercial Litigation Practice, and a member of the firm’s Management Committee. Tim started his career in public service – as a Captain and military prosecutor (JAG) in the U.S. Air Force and as a Special Assistant United States Attorney with the U.S. Department of Justice. Building on his experience as a military and federal prosecutor, Tim has become a trusted advisor to some of the country’s largest and most sophisticated companies, including industry-leading cable, telecommunications, technology, and commercial real estate companies. Tim counsels clients in litigation and arbitration proceedings around the country and on advisory matters, with a particular emphasis on commercial real estate and electronic security.
Tim has attained national prominence in the security industry as lead counsel to traditional security providers and many of the largest cable system operators. In addition to litigating disputes in courts across the country, Tim advises on contracting, state and local licensing/permitting customer retention, data privacy, risk mitigation, advertising/marketing/sales, business protection, and operations. Tim is a columnist in Security Business Magazine and called upon to speak, including as keynote speaker, at security conferences across the country. Tim is also the host of the annual MSO Electronic Security Conference, an exclusive and invitation-only event for the cable and security industries.
Tim’s commercial real estate experience includes commercial mortgage foreclosures, repurchase claims, fair value purchase disputes, alleged breach of CMBS servicing standards, commercial lease and partnership disputes, land use, and other sophisticated disputes that involve commercial property. Many of his clients include prominent loan servicers, large commercial landlords, trustees, funds, CMBS lenders, family offices, and high-net worth individuals.
Prior to joining Montgomery McCracken, Tim was a partner at a national law firm.
Tim graduated from Bucknell University with a degree in Political Science and earned his law degree from Boston College Law School.
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Litigation
Montgomery McCracken’s Litigation Department offers a deep bench of skilled and experienced litigators whose practice areas encompass a broad array of industries and substantive legal disciplines. Our clients include individuals, […]
Credentials
Admitted to Practice
- Massachusetts
- New York
- Supreme Court of the United States
- United States Air Force Court of Criminal Appeals
- United States Court of Appeals for the Armed Forces
- United States Court of Appeals for the Second Circuit
- United States District Court for the District of Massachusetts
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York
Selected Representations
Commercial Real Estate
- Lead counsel in a $100 million contract and signage dispute between unit owners of a commercial condominium. Successfully compelled a major telecom company to yield to the subdivision of the condominium — resulting in many millions of dollars of leasing and sale opportunities for the client.
- Prosecuted derivative action against the servicers of a $3.9 billion dollar CMBS trust based on the servicers’ botched valuation and sharply discounted sale of a commercial mortgage loan held by the trust and secured by a prominent New York City hotel.
- Represented a multi-billion dollar securitized trust, through its special servicer, in related actions involving covenant defaults on a commercial mortgage secured by a large shopping center.
- Represented a $4 billion CMBS trust in an action in federal court for breach of representations and warranties in connection with the sale of a large commercial mortgage loan.
- Represented a CMBS lender in federal court seeking the repurchase of six commercial mortgage loans.
- Defended an international hotel developer against EB-5 investment fraud claims.
- Prosecuted claims against architect and engineers for breach of contract in connection with tenant-build out construction project involving a prominent commercial building in New York City.
- Defended commercial real estate investors in partnership dispute alleging breach of contract and self-dealing in connection with the investment, management and sale of student-housing properties in Florida.
- Prosecuted various commercial foreclosures, including, for example, leasehold interests in a prominent New York City hotel, a large shopping center, a vacant commercial warehouse, a large hospital, and a standalone retail facility.
- Prosecuted action against loan guarantors for default on commercial loan secured by hotel in Louisiana.
- Represented the collateral manager of a CDO holding a junior participation in a defaulted securitized mortgage loan.
- Represented the beneficial owner of a commercial office building in an action against an adjoining land owner for money damages, declaratory relief and attorneys’ fees in connection with the defendant’s obstruction of development and rezoning.
- Defended a commercial real estate developer against various claims brought by an easement holder concerning access rights to a private road encircling a commercial shopping mall.
- Counseled various prospective buyers of commercial real property about litigation risks affecting investment and development opportunities.
Electronic Security & Home Automation
- Trusted advisor on acquisition/due diligence of corporate takeovers.
- Counseled prominent industry clients on state and local licensing compliance.
- Developed and refined contract and operational protocols for several prominent industry powerhouses.
- Won a high-profile defense verdict at trial in Seattle, Washington on behalf of a large cable company in a case involving a violent home invasion. This case was voted a top ten defense verdict in 2015 by CVN.
- Defended various commercial and residential fire, property damage and death cases – including in Connecticut, Colorado, Maryland, Pennsylvania, New Jersey, Florida, Minnesota, Michigan, Massachusetts, Washington, and other jurisdictions.
- Defended multiple cases alleging inadequate security involving bank robberies, jewelry heists, home invasions and assaults in state and federal courts in Texas, Washington, New Jersey, Florida, Massachusetts and other jurisdictions.
- Defended multi-million dollar litigation brought in federal court in New Hampshire alleging lost research and grant money due to an alleged failure to monitor low-temperature freezers containing research specimens at a major university.
- Won dismissal of claims made in state court in Miami, Florida as a result of a shooting by one police officer of another during a botched response to a burglary alarm.
- Resolved insurance coverage dispute in Alabama flowing from claims against a security services provider.
- Prevented competitors from improper customer solicitation and theft of trade secrets.
- Prosecuted cases around the country against former employees to enforce confidentiality and non-compete agreements.
- Defended employment claim made against alarm company in Tampa, Florida by an individual who brought a reliance damage claim after his offer of employment was rescinded.
- Investigated, together with law enforcement in multiple states, improper sale and distribution of personalized and copyrighted alarm panel software resulting in the incarceration of the perpetrator.
- Won judgment against a company for trademark infringement and unfair competition in federal court in New York protecting the intellectual property rights of a national alarm company.
- Successfully defended claims brought in federal court in New York by major bank alleging breach of a financing and participation agreement.
Data Privacy & Cybersecurity
- Advised and counseled a national charitable organization on its notification obligations and remedial options under the New York State Information Security Breach and Notification Act and other state data privacy statutes following the possible intrusion of its electronic document repositories.
- Defended national cable company in connection with a demand for records related to video surveillance and cyber-crimes allegedly committed by its customer.
- Pursued investigation, in coordination with federal and state law enforcement agencies, of the illegal sale and distribution of remote access software for electronic security systems.
- Counseled national electronic security companies on data privacy and cybersecurity risks inherent to electronic security, home automation and IoT.
- Negotiated SaS contract with international, cloud-based data storage vendor ensuring protection and confidentiality of customer information.
Other Complex Litigation
- Defended international crypto-currency trading platform in ownership, corporate opportunity and trading dispute.
- Defended a major New York City restaurant in federal district court and the U.S. Court of Appeals from disability discrimination and retaliation claims brought by former employee.
- Defended international manufacturer of award products in contract dispute with former distributor.
- Prosecuted business protection claims in federal court in New Jersey on behalf of ATM services vendor.
Selected Speaking Engagements
- Speaker, “Litigation Basics: Discovery Practice,” Financial Poise, March 2024
- Speaker, “Litigation Basics: Dispositive Motions,” Financial Poise, February 2024
- Speaker, “Litigation Basics: TROs and Preliminary Injunctions,” Financial Poise, January 2024
- Panelist, “Newbie Litigator School 101 Part 2 – ADR and Settlement,” Financial Poise, September 2022
- Speaker, “Electronic Security Expo: Handling Contract Modification Risks,” Electronic Security Expo, June 2022
- Speaker, “3G Sunset Is Here: Legal Issues and Implications,” Alarm Industry Communications Committee, March 2022
- Speaker, “3G Sunset Liability: Take Action Now,” Alarm Industry Communications Committee, December 2021
- Speaker, “Newbie Litigator School: ADR & Settlement,” Financial Poise Webinars, August 2021
- Speaker, “2021 TMA Weekly Virtual Town Hall – 3G Sunset and Liability,” The Monitoring Association, March 2021
- Speaker, “Alarm Industry Communications Committee: Legal Issues for Alarm Companies Regarding the 3G Sunset,” Alarm Industry Communications Committee, March 2021
- Speaker, “The Evolving Legal Landscape for Cybersecurity and IoT,” Alarm Industry Communications Committee
- Speaker, “Legislative Trends in False Alarm Reduction,” Alarm Industry Communications Committee
- Speaker, “Artificial Intelligence in Security Systems,” TMA Tech Summit
- Speaker, “Artificial Intelligence in Security Systems,” Alarm Industry Communications Committee
- Speaker, “Legal Implications of Video/Audio Storage: Compliance with Subpoenas and Search Warrants For Video/Audio Files,” Alarm Industry Communications Committee
- Speaker, “The Evolving Cyber Threat for Connected Devices and Cloud-Based Services,” Electronic Security Expo, 2018
- Speaker, “Think Before You Ink: Handling Contract Modification Risks,” Electronic Security Expo, 2018
- Speaker, “Department of Homeland Security’s Framework and Principles for IoT Devices: What It Means to Your Company,” The Knowledge Group
- Speaker, “The Legal Implications of Cybersecurity,” Annual Meeting of The Monitoring Association, 2017
- Speaker, “Electronic Security Litigation: The Top Three Things That Result in a Lawsuit, Electronic Security Expo,” 2017
- Speaker, “The Evolving Cybersecurity Legal Landscape,” Alarm Industry Communications Committee
- Speaker, “When a Deal Goes Bad: The Use and Misuse of Lis Pendens,” NYC Real Estate Expo
- Speaker, “Anticipating Litigation/ Real Estate Workouts,” Recapitalizations & Restructurings
- Speaker, “Preparing For and Defending Depositions in Commercial Real Estate Disputes”
- Speaker, “Proposed CSAA Standard for Alarm Verification and Notification Procedures,” MSO Electronic Security Summit
- Speaker, “Best Practices for Video Storage and Retention,” MSO Electronic Security Summit
- Speaker, “Familiarization Periods in Home Security Contracts,” MSO Electronic Security Summit
- Speaker, “Best Practices Concerning Early Termination Fees in Consumer Security Contracts,” MSO Electronic Security Summit
- Speaker, “Best Practices Concerning Supplemental Fire Systems and NFPA-72 Compliance,” MSO Electronic Security Summit
- Speaker, “Contractual Defenses in Electronic Security Litigation”, MSO Electronic Security Summit
- Speaker, “Advice for New Entrants to Home Security & Automation,” MSO Electronic Security Summit
- Speaker, “Do It Yourself Security Systems,” Alarm Industry Communications Committee
- Speaker, “Video Verification of Monitored Alarm Systems,” Alarm Industry Communications Committee
- Speaker, “Rawat v. Comcast Broadband Security, LLC,” Alarm Industry Communications Committee
- Speaker, “Lessons in Litigation for Regional Managers”
- Speaker, “Lessons in Litigation for Commercial Sale Representatives”
- Speaker, “Lessons in Litigation for Central Monitoring Operators”
- Speaker, “Security and Alarm Litigation: Select Case Studies and Analysis,” Central Station Alarm Association Electronic Security Forum and Expo
- Speaker, “Security and Alarm Litigation: Controlling Litigation Before It Happens,” Virginia Department of Criminal Justice Private Security Conference
- Speaker, “Electronic Security Litigation: Getting the Big Picture”
- Speaker, “The Prosecution of Guantanamo Bay Detainees in Civilian Courts,” NYCLA American Inn of Court
- Speaker, “Law of Armed Conflict: Foundation, Principles and the Implications on Human Rights,” Seton Hall Law School
Selected Publications
- Author, “Legal Brief: Paper, Scissors, Rock – Legal Covers Marketing,” Security Business Magazine, April 2024
- Author, “Legal Brief: The Perils of Deceptive Sales,” Security Business Magazine, March 2024
- Author, “Legal Brief: Common-Sense Updates to Customer Contracts,” Security Business Magazine, February 2024
- Quoted, “Parents, Take Notice,” Security Business Magazine, February 2024
- Author, “Legal Brief: The World’s First Attempt at AI Regulation,” Security Business Magazine, January 2024
- Author, “Legal Brief: When to File a Mechanic’s Lien,” Security Business Magazine, December 2023
- Author, “Legal Brief: The Importance of Being Understood,” Security Business Magazine, November 2023
- Author, “Legal Brief: The Downside of a Government Mandate,” Security Business Magazine, October 2023
- Author, “Legal Brief: Alyssa’s Law and its Impact on Integrators,” Security Business Magazine, September 2023
- Author, “Legal Brief: Product and Company Reviews Under Scrutiny,” Security Business Magazine, August 2023
- Author, “Legal Brief: Amazon Resolves NYC Biometric Lawsuit,” Security Business Magazine, July 2023
- Author, “Legal Brief: Changes to FTC’s Negative Option Rule May Impact Security,” Security Business Magazine, June 2023
- Author, “Legal Brief: Cincinnati Alarm Registration Fees Deemed Unconstitutional,” Security Business Magazine, May 2023
- Author, “Legal Brief: Conflict Resolution,” Security Business Magazine, April 2023
- Author, “Legal Brief: Protection Against Domestic Terror,” Security Business Magazine, March 2023
- Quoted, “A New Chapter in the Long Deceptive Sales Saga,” Security Info Watch, February 2023
- Quoted, “Insta-Analysis: Hikvision’s appeal of FCC ban could test DoD’s disclosures,” Security Info Watch, February 2023
- Author, “Legal Brief: Barred for Life” Security Business Magazine, February 2023
- Author, “Legal Brief: Customer Security Choices and Liability,” Security Business Magazine, January 2023
- Quoted, “Alarm.com sues Vivint for patent infringement“, Info Security Watch, January 2023
- Author, “Legal Brief: Consumer Fraud Lawsuits,” Security Business Magazine, November 2022
- Author, “Legal Brief: Latch Faces Class Action,” Security Business Magazine, October 2022
- Author, “Legal Brief: Ring Faces BIPA Suit,” Security Business Magazine, September 2022
- Author, “Legal Brief: Training Matters,” Security Business Magazine, August 2022
- Author, “Legal Brief: Legal Holds Prompt Integrators to Preserve Records…or Else,” Security Business Magazine, July 2022
- Author, “Legal Brief: Your Choice of Counsel,” Security Business Magazine, June 2022
- Author, “Legal Brief: Subsequent Remedial Measures,” Security Business Magazine, May 2022
- Author, “Legal Brief: 8 Considerations for Potential Acquisition,” Security Business Magazine, April 2022
- Author, “Legal Brief: Why You Should Document Everything,” Security Business Magazine, March 2022
- Author, “Legal Brief: Warrantless Surveillance Case Again Favors Law Enforcement,” Security Business Magazine, February 2022
- Author, “Legal Brief: The First 3G Sunset Deadline is Almost Here,” Security Business Magazine, January 2022
- Author, “Legal Brief: Customer Education and Business Protection,” Security Business Magazine, December 2021
- Author, “Legal Brief: Beware of Those Tricky Installment Transactions,” Security Business Magazine, November 2021
- Author, “Legal Brief: Taking Your Contracts Beyond Borders,” Security Business Magazine, October 2021
- Author, “Legal Brief: Biometrics Law in New York,” Security Business Magazine, September 2021
- Author, “Legal Brief: Vaccine Legalities Revisited,” Security Business Magazine, August 2021
- Author, “Legal Brief: Manage and Audit Your Sales Practices…or Else,” Security Business Magazine, July 2021
- Author, “Legal Brief: Consumer Protection Laws and Your Business,” Security Business Magazine, June 2021
- Author, “Legal Brief: 9 Ways to Mitigate 3G Sunset Liability,” Security Business Magazine, May 2021
- Author, “Legal Brief: Peeping Tom Reveals Privacy Vulnerabilities,” Security Business Magazine, April 2021
- Author, “Legal Brief: OSHA Issues COVID-19 Recommendations,” Security Business Magazine, March 2021
- Author, “Legal Brief: Vaccination Implications,” Security Business Magazine, February 2021
- Quoted, “Montgomery McCracken Adds New Litigation Vice Chair in NY,” Law360 Pulse, February 2021
- Author, “Legal Brief: Facial Recognition Makes Steady Progress,” Security Business Magazine, January 2021
- Author, “Legal Brief: Facial Recognition 180 in Detroit,” Security Business Magazine, December 2020
- Author, “Legal Brief: COVID and the Courts,” Security Business Magazine, November 2020
- Author, “Legal Brief: Election Security,” Security Business Magazine, October 2020
- Author, “Legal Brief: Can Facial Recognition Technology Survive Masks?,” Security Business Magazine, September 2020
- Author, “Legal Brief: Surveillance and the Fourth Amendment,” Security Business Magazine, August 2020
- Author, “Legal Brief: Facial Recognition Again Under Fire,” Security Business Magazine, July 2020
- Author, “Legal Brief: Biometrics and Returning to Work,” Security Business Magazine, June 2020
- Author, “Legal Brief: Tapplock Settles with FTC,” Security Business Magazine, May 2020
- Author, “COVID-19: Practical Tips for Employers,” Security Business Magazine, April 2020
- Author, “Legal Brief: Litigation Tabletop Exercises,” Security Business Magazine, March 2020
- Author, “Legal Brief: New York Implements Data Privacy Law,” Security Business Magazine, February 2020
- Author, “Legal Brief: FirstNet – From Tragedy to Triumph,” Security Business Magazine, January 2020
- Author, “Legal Brief: More Major Companies Fighting Illinois Biometrics Law,” Security Business Magazine, December 2019
- Author, “Legal Brief: A Closer Look at the ADT-Lyft Partnership,” Security Business Magazine, November 2019
- Author, “Legal Brief: Education is the Solution for False Alarm Reduction,” Security Business Magazine, October 2019
- Author, “Legal Brief: Biometrics, the Law and Your Company,” Security Business Magazine, September 2019
- Author, “Legal Brief: Call Blocks Gone Too Far,” Security Business Magazine, August 2019
- Author, “Legal Brief: A Tale of Two Cities,” Security Business Magazine, July 2019
- Author, “Lessons in Litigation: Monitronics Class Action,” Security Business Magazine, May 2019
- Author, “Legal Brief: Negligence vs. Gross Negligence,” Security Business Magazine, April 2019
- Author, “Legal Brief: The Legal Ramifications of Customer Theft,” Security Business Magazine, March 2019
- Author, “Legal Brief: Privacy in the Age of AI and Biometrics,” Security Business Magazine, February 2019
- Author, “Legal Brief: Class Action Against Canary,” Security Business Magazine, January 2019
- Author, “Legal Brief: Lessons in Contracts,” Security Business Magazine, November 2018
- Author, “Legal Brief: Beware of the Hidden Camera,” Security Business Magazine, October 2018
- Author, “Legal Brief: 10 Ways to Avoid Being a Cyber Victim,” Security Business Magazine, September 2018
- Author, “Legal Brief: The Legal Pitfalls of Contract Modifications,” Security Business Magazine, August 2018
- Author, “Lessons in Litigation: Reducing Exposure,” Security Systems News
- Author, “Protecting the Hiring Process, Protecting Your Customers,” CSAA Dispatch
Honors & Awards
- Selected for Law360’s Distinguished Legal Writing Award in 2023. This award is issued by Law360 and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
- Selected to the New York Metro Super Lawyers list from 2011-2023. This list is issued by Thomson Reuters and a description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the highest court of any other state.
- National Top 10 Trial Defense Verdict, CVN, 2015
- U.S Air Force Commendation Medal (with two oak leaf clusters)
Professional Activities
- Founder, MSO Electronic Security Working Group
- Captain and Judge Advocate General (JAG), United States Air Force
- Special Assistant U.S. Attorney, United States Department of Justice
Education
Law School
- Boston College Law School
Undergraduate School
- Bucknell University
SHARED THINKING
Legal Brief: Paper, Scissors, Rock – Legal Covers Marketing
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Legal Brief: The Perils of Deceptive Sales
With Vivint’s first appeal of a massive punitive judgment denied, it is important to understand the ramifications As a lawyer, part of my job is to rain on everyone’s parade […]
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Montgomery McCracken Elects Three New Members to Management Committee
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Legal Brief: Common-Sense Updates to Customer Contracts
Consider adding these provisions to protect your company against potentially frivolous lawsuits Security integrators with even a minimum amount of sophistication use written contracts with their customers. Those with more […]
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