Overview

Tad A. Devlin focuses his practice in the areas of commercial and insurance litigation, ERISA/life, health and disability benefit disputes, including breach of fiduciary liability claims, profit sharing plan and employee stock plan disputes, real estate, financial services disputes, professional liability and disciplinary defense (lawyers, doctors, accountants, real estate, insurance agents, architects and engineers), and white collar defense.

He counsels and advises on insurance matters of all types, including coverage issues, bad faith, and defense monitoring. Mr. Devlin has first party insurance claim and benefit experience, including examinations under oath, and working with special investigation units and the California Department of Insurance concerning insurance fraud.

He has defended and counseled individuals and businesses in state and federal government enforcement actions in criminal and civil matters, professional liability matters, and financial services matters, lending and banking disputes, construction and contract disputes, landlord/tenant and real property disputes, corporate malfeasance, and enforcement of judgments and debts. Mr. Devlin has also defended and counseled corporate and individual clients concerning claims of food mislabeling, corporate bribery, improper kickbacks and embezzlement.

He also advises insurers and private clients on emerging issues involving data breaches, cyber-attacks, HIPAA violations and electronic fraud, cyber identity theft, and hacking. He evaluates coverage under cyber/data privacy and tech/media E&O policies.

Mr. Devlin has extensive experience handling all aspects of litigation in state and federal courts, including trial, post-trial and appellate practice, as well as alternative dispute resolution. He also has experience with business and commercial contract review and drafting in a variety of settings, including review of and advice regarding ERISA and non-ERISA governed benefit plans (e.g., Pension, ESOP, PSP, life, health and disability, and AD&D), as well as consulting and advising businesses on risk management, claim and litigation avoidance. In addition, Mr. Devlin has handled bankruptcy court matters (Chapter 7, 11 and 13), including adversary proceedings, and stay relief. Mr. Devlin has handled numerous elder abuse cases, including conservatorship proceedings and claims of financial and physical abuse and neglect.

Mr. Devlin has expertise in Title IX investigations, advice, counsel and defense for colleges, universities, faculty and student body. He recently, prevailed on appeal of university academic investigation regarding allegations of sexual assault.

Prior to his civil practice, Mr. Devlin was a felony prosecutor with the Contra Costa County District Attorney’s Office, where he successfully prosecuted numerous felony and misdemeanor trials as first chair, including violent and paper crimes, and matters involving banking and insurance fraud.

Mr. Devlin is also a sharing economy attorney, specializing in advice, counsel, risk management and litigation regarding the sharing economy (e.g., home-sharing, ride-sharing businesses) and related privacy, insurance, real property and tax issues. He is a regular speaker, media source and author on these topics, serves on the PLUS Journal Editorial Board and is a leading contributor to the Bar Association of San Francisco.

Admissions

  • California
  • U.S. District Court
    • Eastern District of California
    • Northern District of California
  • U.S. Court of Appeals
    • Ninth Circuit
  • U.S. Bankruptcy Court
    • Northern District of California

Education

  • Pacific McGeorge School of Law – J.D.
    • with honors
  • University of California, Davis – B.A.

Professional Memberships

  • The Bar Association of San Francisco, Justice and Diversity Center
  • PLUS Journal Editorial Board
  • Insurance Law360 – 2010 Editorial Advisory Board
  • Claims & Litigation Management Alliance (CLM)
  • Peers – Legal Counsel for the Sharing Economy
  • Property Claims Association of the Pacific

Representative Matters

  • Prevailed on summary judgment in Santa Clara County Superior Court for a major financial institution and its life agents in professional liability dispute concerning complex IRC 412i plan, advice and funding case concerning alleged negligence in providing tax advice, recommendations and financial planning, in which the plaintiffs claimed several millions of dollars in damages.
  • Accomplished favorable settlement of a business dispute concerning claims of business torts, unpaid loans and shareholder dispute as part of a complex asset purchase agreement by a successor company.

Community Service

  • Hannukah Hoops, Advisory Board Member
  • KALW Call a Lawyer Night Fundraiser
Super Lawyers Martindale Hubbel AV Preeminent Law 360