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Timothy J. Pastore
New York Office

437 Madison Avenue
24th Floor
New York, NY 10022

P: 212-551-7707
F: 212-599-5085

Biography

Timothy J. Pastore is Vice-Chair of Montgomery McCracken’s Litigation Department. As a former military prosecutor (USAF JAG) and Special Assistant United States Attorney, Tim is 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 home automation and electronic security and commercial real estate.

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.

Tim’s commercial real estate experience includes commercial mortgage foreclosures, repurchase claims, fair value purchase disputes, alleged breach of CMBS servicing standards, commercia 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.

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 Publications

Selected Speaking Engagements

  • 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, Washington, DC
  • Speaker, Legislative Trends in False Alarm Reduction, Alarm Industry Communications Committee, Washington, DC
  • Speaker, Artificial Intelligence in Security Systems, TMA Tech Summit (Keynote Speaker), Salt Lake City, UT
  • Speaker, Artificial Intelligence in Security Systems, Alarm Industry Communications Committee, Washington, DC
  • Speaker, Legal Implications of Video/Audio Storage: Compliance with Subpoenas and Search Warrants For Video/Audio Files, Alarm Industry Communications Committee, Washington, DC
  • Speaker, The Evolving Cyber Threat for Connected Devices and Cloud-Based Services, 2018 Electronic Security Expo, Nashville, TN
  • Speaker, Think Before You Ink: Handling Contract Modification Risks, 2018 Electronic Security Expo, Nashville, TN
  • 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, 2017 Annual Meeting of The Monitoring Association, Scottsdale, AZ
  • Speaker, Electronic Security Litigation: The Top Three Things That Result in a Lawsuit, 2017 Electronic Security Expo, Nashville, TN
  • Speaker, The Evolving Cybersecurity Legal Landscape, Alarm Industry Communications Committee, Washington, DC
  • 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, client training for leading Special Servicer
  • Speaker, Preparing For and Defending Depositions in Commercial Real Estate Disputes, client training for leading Special Servicer
  • 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 (DIY) Security Systems, Alarm Industry Communications Committee, Washington, DC
  • Speaker, Video Verification of Monitored Alarm Systems, Alarm Industry Communications Committee, Washington, DC
  • Speaker, Rawat v. Comcast Broadband Security, LLC, Alarm Industry Communications Committee, Washington, DC
  • Speaker, Lessons in Litigation for Regional Managers, client training for national alarm company
  • Speaker, Lessons in Litigation for Commercial Sale Representatives, client training for national alarm company
  • Speaker, Lessons in Litigation for Central Monitoring Operators, client training for national alarm company
  • 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, client training for series of cable systems operators
  • 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

Honors & Awards

  • New York Super Lawyers (2011-2020)
  • National Top 10 Trial Defense Verdict, CVN (2015)
  • U.S Air Force Commendation Medal (with two oak leaf clusters)
  • Captain and Judge Advocate General (JAG), United States Air Force
  • Special Assistant U.S. Attorney, United States Department of Justice

Professional Activities & Achievements

  • Founder, MSO Electronic Security Working Group

Academic Achievements

  • Boston College Law School (J.D.)
  • Bucknell University (B.A.)