Timothy J. Pastore

Timothy J. Pastore

Partner

Contact Info

Phone: (212) 980-7204

Primary Office

New York
1270 Avenue of the Americas
Suite 2005
New York, NY 10020

Timothy J. Pastore

Timothy J. Pastore is a former military and federal prosecutor and now provides legal counsel to corporate clients and individuals in litigation and arbitration matters across the country, particularly involving commercial real estate, electronic security/home automation, and cybersecurity/data privacy.

Tim's experience with real estate litigation ranges from commercial mortgage foreclosures and repurchase claims to fair value purchase options and breach of servicing standards. He also handles partnership disputes, commercial lease disputes, land use and other disputes involving commercial real property. CMBS lenders, loan servicers, trustees, funds, institutions, family offices and high-net worth individuals are among the clients who rely on his counsel and representation in state and federal courts across the country.

Tim also represents large corporate clients in matters involving electronic security and home automation systems, including traditional providers and some of the largest cable system operators. His practice in this area includes providing advice on risk mitigation, contracting, licensing/permitting, customer retention, data privacy and cybersecurity, advertising/marketing/sales, operations and business protection.

Tim regularly speaks on many topics in the security industry and is the host of the MSO Electronic Security Summit, a professional conference for cable system operators and other industry players.

Before joining Saul Ewing Arnstein & Lehr, Tim was a shareholder at a national firm and a partner and the chair of the Litigation Department at a prominent commercial real estate boutique. Before entering private practice, Tim was a Captain and Judge Advocate (JAG) in the U.S. Air Force and a Special Assistant U.S. Attorney with the U.S. Department of Justice.

Experience

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 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
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, Maryland, Pennsylvania, New Jersey, Florida, Minnesota, Michigan, Massachusetts 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
Cybersecurity and Data Privacy
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

Thought Leadership

No results.

No results.

Speaking Engagement
2018 Electronic Security Expo: The Evolving Cyber Threat for Connected Devices and Cloud-Based Services
Speaking Engagement
2018 Electronic Security Expo: Think Before You Ink: Handling Contract Modification Risks
Speaking Engagement
The Knowledge Group: Department of Homeland Security's Framework and Principles for IoT Devices - What it Means for Your Company
Speaking Engagement
2017 Annual Meeting of The Monitoring Association: The Legal Implications of Cybersecurity
Speaking Engagement
2017 Electronic Security Expo: Electronic Security Litigation - The Top Three Things That Result in a Lawsuit

Credentials and Accolades

Honors and Awards

Selected for inclusion in New York Super Lawyers, 2011 to present

National Top 10 Defense Verdict, CVN, 2015

U.S Air Force Commendation Medal (with two oak leaf clusters)

Memberships and Affiliations

MSO Electronic Security Working Group

Association of the Bar of the City of New York (Committee on Military Affairs and Justice)

Education

J.D., Boston College Law School, 1996

B.A., Bucknell University, 1993

Bar Admissions

Massachusetts
New York

Timothy J. Pastore is a former military and federal prosecutor and now provides legal counsel to corporate clients and individuals in litigation and arbitration matters across the country, particularly involving commercial real estate, electronic security/home automation, and cybersecurity/data privacy.

Tim's experience with real estate litigation ranges from commercial mortgage foreclosures and repurchase claims to fair value purchase options and breach of servicing standards. He also handles partnership disputes, commercial lease disputes, land use and other disputes involving commercial real property. CMBS lenders, loan servicers, trustees, funds, institutions, family offices and high-net worth individuals are among the clients who rely on his counsel and representation in state and federal courts across the country.

Tim also represents large corporate clients in matters involving electronic security and home automation systems, including traditional providers and some of the largest cable system operators. His practice in this area includes providing advice on risk mitigation, contracting, licensing/permitting, customer retention, data privacy and cybersecurity, advertising/marketing/sales, operations and business protection.

Tim regularly speaks on many topics in the security industry and is the host of the MSO Electronic Security Summit, a professional conference for cable system operators and other industry players.

Before joining Saul Ewing Arnstein & Lehr, Tim was a shareholder at a national firm and a partner and the chair of the Litigation Department at a prominent commercial real estate boutique. Before entering private practice, Tim was a Captain and Judge Advocate (JAG) in the U.S. Air Force and a Special Assistant U.S. Attorney with the U.S. Department of Justice.