Timothy J. Pastore
Mr. Pastore – also affectionately known as “Captain Pastore” – joined the Firm as a Partner in 2005 after achieving partnership at a large, national firm. Previously, Mr. Pastore was a decorated officer and Judge Advocate (JAG) in the U.S. Air Force and a Special Assistant U.S. Attorney with the U.S. Department of Justice.
Mr. Pastore has a national practice – having served as lead counsel in federal and state courts across the country particularly in matters involving commercial real estate, electronic security/home automation, and cybersecurity/data privacy.
Mr. Pastore represents CMBS lenders, loan servicers, trustees, funds, institutions, family offices and high-net worth individuals in various real estate disputes involving commercial mortgage foreclosures, repurchase claims, fair value purchase options, breach of servicing standards, partnership disputes, commercial lease disputes, land use and other disputes involving commercial real property.
Mr. Pastore also is a leading expert in electronic security and home automation systems – representing large corporate clients, including traditional providers and a series of the largest cable system operators. In addition to litigating across the country, Mr. Pastore’s advises his clients on risk management/mitigation, contracting, licensing/permitting, customer retention, data privacy, advertising/marketing/sales, operations and business protection. Mr. Pastore is called upon to speak on many topics in the security industry (as indicated below) and is the host of the MSO Electronic Security Summit – a professional conference for cable system operators and other industry players.
Mr. Pastore also regularly counsels clients on data security breaches, storage and records management and security measures for employee and customer personal information.
Commercial Real Estate
- 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 NYC hotel.
- Represented 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 CMBS lender in federal court seeking the repurchase of six commercial mortgage loans.
- 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 NYC 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 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.
- Won a high-profile defense verdict at trial in Seattle, Washington on behalf of large cable company in a case involving a violent home invasion. This case was voted a top ten defense verdict in 2015 by CVN.
- Successfully defended various commercial and residential fire, property damage and death cases – including in Connecticut, Maryland, Pennsylvania, New Jersey, Florida, Minnesota, Michigan, Massachusetts and other jurisdictions.
- Defended many cases alleging inadequate security involving bank robberies, jewelry heists, home invasions and assault in state and federal courts in Texas, Washington, New Jersey, Florida, Massachusetts and other jurisdictions.
- Successfully 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.
- Successfully prevented competitors from improper customer solicitation and theft of trade secrets.
- Successfully prosecuted cases around the country against former employees to enforce confidentiality and non-compete agreements.
- Successfully 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 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.
Cyber-Security and Data Privacy
- Advised and counseled a national charitable organization on its notification obligations and remedial options under the NYS 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 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 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.
- New York
- United States Supreme Court
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States District Court for the District of Massachusetts
- United States Court of Appeals for the Armed Forces
- United States Air Force Court of Criminal Appeals
- Dozens of federal and state courts across the country (Pro Hac Vice)
- MSO Electronic Security Working Group
- Association of the Bar of the City of New York (Committee on Military Affairs and Justice)
- Super Lawyers: 2011 – present
- National Top Ten Defense Verdict for 2015 - awarded by CVN
- Lessons in Litigation: Reducing Exposure, Security Systems News
- Protecting the Hiring Process, Protecting Your Customers, CSAA Dispatch
- Electronic Security Litigation: The Top Three Things That Result in a Lawsuit, 2017 Electronic Security Expo, Nashville, TN
- The Evolving Cybersecurity Legal Landscape, Alarm Industry Communications Committee
- When a Deal Goes Bad: The Use and Misuse of Lis Pendens, NYC Real Estate Expo
- Anticipating Litigation/ Real Estate Workouts, Recapitalizations & Restructurings, client training for leading Special Servicer
- Preparing For and Defending Depositions in Commercial Real Estate Disputes, client training for leading Special Servicer
- Proposed CSAA Standard for Alarm Verification and Notification Procedures, MSO Electronic Security Summit
- Best Practices for Video Storage and Retention, MSO Electronic Security Summit
- Familiarization Periods in Home Security Contracts, MSO Electronic Security Summit
- Best Practices Concerning Early Termination Fees in Consumer Security Contracts, MSO Electronic Security Summit
- Best Practices Concerning Supplemental Fire Systems and NFPA-72 Compliance, MSO Electronic Security Summit
- Contractual Defenses in Electronic Security Litigation, MSO Electronic Security Summit
- Advice for New Entrants to Home Security & Automation, MSO Electronic Security Summit
- Do It Yourself (DIY) Security Systems, Alarm Industry Communications Committee
- Video Verification of Monitored Alarm Systems, Alarm Industry Communications Committee
- Rawat v. Comcast Broadband Security, LLC, Alarm Industry Communications Committee
- Lessons in Litigation for Regional Managers, client training for national alarm company
- Lessons in Litigation for Commercial Sale Representatives, client training for national alarm company
- Lessons in Litigation for Central Monitoring Operators, client training for national alarm company
- Security and Alarm Litigation: Select Case Studies and Analysis, Central Station Alarm Association Electronic Security Forum and Expo
- Security and Alarm Litigation: Controlling Litigation Before It Happens, Virginia Department of Criminal Justice Private Security Conference
- Electronic Security Litigation: Getting the Big Picture, client training for series of cable systems operators
- The Prosecution of Guantanamo Bay Detainees in Civilian Courts, NYCLA American Inn of Court
- Law of Armed Conflict: Foundation, Principles and the Implications on Human Rights, Seton Hall Law School
- Basic Training in Military Justice: A Comparison of the Military and Civilian Systems, Council on International Affairs