Tad A. Devlin

Overview

Tad A. Devlin has more than twenty years of experience handling complex commercial and insurance litigation, including ERISA/life, healthcare and disability benefit disputes, breach of fiduciary duty claims, including against directors and officers, and claims involving defined benefit, contribution and profit sharing plans, and ESOPs, including prohibited transaction claims, as well as bankruptcy claims and litigation and issues arising under the Perishable Agricultural Commodities Act.

Mr. Devlin has extensive experience handling claims related to healthcare benefits, reimbursement and qualification, elder law, life, disability and retirement benefits. He has defended major insurers in this industry in direct actions and industry participants including hospitals, care, treatment and rehabilitation facilities in a variety of settings.

Additionally, Mr. Devlin has expertise in handling complex labor and employment law matters in arbitration and litigation, including PAGA and class action, discrimination and harassment claims. He also provides employers with advice and counsel and conducts workplace investigations. He also has successfully handled and defended numerous claims involving directors and officers, board operations and corporate governance.

He handles insurance coverage, bad faith, and monitoring of high exposure claims. Mr. Devlin has conducted examinations under oath, and worked with special investigation units and the California Department of Insurance concerning insurance fraud. He also handles real estate and financial services disputes, and professional liability and disciplinary defense of lawyers, doctors, accountants, real estate, insurance agents and brokers, architects and engineers.

Utilizing his criminal law background as a felony prosecutor, he has defended and counseled individuals, including among others directors and officers, and businesses in state and federal government enforcement actions in criminal and civil matters, including RICO, bribery and alleged kickback claims. His experience also includes advice, counsel and defense of professional licensing and regulatory matters, elder law and education law, such as Title IX investigations and defense.

Mr. Devlin has assisted clients in litigation related to California’s Proposition 65, including advice, counsel and defense of manufacturers, suppliers and distributors, and large utility vendors in the electricity sector, as well as false advertising and labeling claims, and those arising under the Unfair Business Practices Act.

He also advises clients regarding privacy, data breach, monitoring and surveillance, Zoom and related media securitization, risk management and best practices related to HIPAA, financial data privacy, electronic fraud, cyber identity theft, and hacking.

Mr. Devlin also has extensive business law experience including acting in the role of outside general counsel for large and small companies. He has handled all aspects of contract law, corporate legal work, and transactions in various established and emerging industries, as well as complex bankruptcy matters.

Admissions

California
U.S. District Court
- Eastern District of California
- Northern District of California
United States 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.