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, financial services matters, lending and banking disputes, construction and contract disputes, product liability, 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.
- 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
- Pacific McGeorge School of Law – J.D.
- with honors
- University of California, Davis – B.A.
- 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
- 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.
- Hannukah Hoops, Advisory Board Member
- KALW Call a Lawyer Night Fundraiser
- Full 9th Circuit Passes on Review of Schwab Arbitration Ruling, PlanSponsor, ft. Tad Devlin
- Schwab Arbitration Ruling Leaves Unanswered Questions, PlanSponsor, ft. Tad Devlin
- 9th Circuit paves way for more arbitration agreements in ERISA plan docs, BenefitsPro, ft. Tad Devlin
- What Will the Fiduciary Standard Look Like in Five Years? FiduciaryNews, ft. Tad Devlin
- The SEC’s “Best Interest” Proposal – A Step Forward or a Set Back? FiduciaryNews, ft. Tad Devlin and Edward “Ted” McNamara
- Cybersecurity & Privacy Predictions For 2018, Law360, ft. Tad Devlin & Marc Voses
- Ninth Circuit Court of Appeals holds Telephone Consumer Protection Act claims excluded from coverage based on invasion of privacy exclusion
- How to Keep HSAs Exempt from ERISA, SHRM, ft. Tad Devlin
- Insuring the Sharing Economy: Existing Models, New Models, Traps and Mitigation of Gaps, Westlaw
- Is Your Uber Driver or Lyfter an Employee or Independent Contractor and Why Does it Matter? Westlaw
- Trump’s Tweets Raise Doubts About Cybersecurity Approach, Law360, ft. Tad Devlin
- California High Court to Address Occurrence Caused by Accident, Insurance Journal
- Six Cyber Issues for the Trump Administration
- What To Do About Defamatory Online Reviews, Law360
- Title IX Investigations Expand Dramatically, Daily Journal
- High Court to Weigh In on ‘Other Insurance’, Daily Journal
- Nickerson V. Stonebridge Could Mean Higher Damages Awards, Law360
- Fitting a Square Peg Into Two Round Holes – Redefining the Employment Classification for Your Uber or Lyft Driver? Professional Liability Underwriting Society Plus Journal, ft. Tad Devlin & Sheila Pham
- AB 2293: Ride-sharing services must get covered, Daily Journal
- Insurance risk of easy medicine and doctorless doctoring, Daily Journal
- Valuation of Social Media Content and Contacts, PLUS Journal
- Ride-sharing insurance paves the way, Daily Journal
- Palm Springs Airbnb: a squatter’s paradise, Daily Journal
- Using Airbnb? Get covered to rest easy, Daily Journal
- In Practice: It’s My e-Rolodex, The Recorder
- “California Federal Court Holds Insurer Required to Cover Employee Reimbursement and Wage Hour Claims and More Under EPLI Policy,” E&O Prevention from Agents of America
- Tad Devlin presenting at Homesharers Democratic Club
- KDV’s Tad Devlin will be a guest on KALW 91.7FM Chuck Finney’s Call-A-Lawyer Night – September 20th, 2017
- KDV’s Tad Devlin will be a guest on Call-A-Lawyer Night – August 30, 2017
- Handling Commercial Landlord-Tenant Disputes, Webinar by Tad Devlin and Marcus Dong
- Tad Devlin, Legal Expert for KALW 91.7 FM San Francisco’s “Your Legal Rights” Show
- Tad Devlin and Gabriel Rubin, Speaking at CFMA SF Bay Area Chapter Meeting : Legal Marijuana in the Construction Industry
- Tad Devlin speaking at CEB’S presentation of “Handling Commercial Landlord-Tenant Disputes”
- Tad Devlin, Legal Expert for KALW 91.7 FM San Francisco’s Call-A-Lawyer Night
- 2015 CLM Northern California Educational & Networking Event : The Legal Landscape of the Sharing Economy: Homes & Rides
- KALW’s Your Legal Rights with Chuck Finney : Landlord/Tenant Laws and Disputes
- LSAC Bay Area Forum : What Do Lawyers Do?
- Tad Devlin on KALW’s Your Legal Rights with Chuck Finney : Landlord/tenant laws and issues
- Tad Devlin will be a guest on radio station KALW’s Call a Lawyer : Real Property and Landlord/Tenant issues
- 91.7 KALW’s Your Legal Rights: Call-a-Lawyer Night
Tad Devlin will lay out the current state of the recent amendments to San Francisco’s Short-Term Rental Ordinance (Chapter 41A of the San Francisco Administrative Code, hereinafter “Chapter 41A”), specifically addressing the hosts’ responsibilities and obligations under the code, and what the appeal procedures.