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.
Publications
•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
News
•KDV Alert: California Federal Court Holds Insurer Required to Cover Employee Reimbursement and Wage Hour Claims and More Under EPLI Policy
Speaking Engagements
•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.
