Timothy J. Pastore

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 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 2011-2026. 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)

• 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