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Timothy M. Flaherty
Expertise
Business, Real Estate and Class Action Litigation
- Mr. Flaherty specializes in business, commercial and real estate litigation, and counseling to avoid litigation, representing companies, contractors and property owners, property managers, and landlords in a diverse mix of actions including claims involving purchase agreements, leasing disputes, property management issues, mechanics lien matters, constructive eviction, first amendment/leafleting, environmental contamination/CERCLA and rent control.
- He is an experienced trial and appellate lawyer who has represented clients ranging from Fortune 500 companies to individuals in a wide variety of disputes and forums.
Alternative Dispute Resolution
- Mr. Flaherty has had consistent success with mediation and is known for his ability to settle disputes quickly and efficiently.
Broad Range of Matters
- Mr. Flaherty has tried to a court, jury or arbitrator, real estate, unlawful detainer, breach of lease, contract, fraud, ERISA, employment, distributorship, consumer class action, and collection matters.
Recent Presentations/Publications
- Frequent case commentator and member of the Board of Edtiors, Northern California Real Estate Legal Review
- Presentation on "Cross Border Litigation and Enforcement of Arbitration Awards" at The Law Firm Network Regional Conference, Mexico City (January 22, 2005)
Reported Decisions
- Mitchell v. Bankfirst, __F.3d__ [27 Fed. Appx. 843] 2001 WL 1485854 (9th Cir, Nov. 21, 2001)—case held Bank not required to disclose membership organization’s termination notice provision as a termination charge under the Truth in Lending Act
- Keimer v. Buena Vista, 75 Cal. App. 4th 1220 (1999)—case of first impression established cause of action for unfair business practices against book publisher not barred by First Amendment
- Collins v. Bankfirst, 1998 U.S. App. LEXIS 24555 (1998)—case held Bank did not violate Truth In Lending Act by omitting matters in initial disclosure to consumer
- 3550 Stevens Creek Associates v. Barclays Bank of California, 915 F.2d 1355 (9th Cir. 1989)—case of first impression held no cause of action exists under CERCLA for removal of asbestos building materials
- Building Service Employees Pension Trust v. American Bldg. Maintenance Co., 828 F.2d 576 (9th Cir. 1987)
Areas of Expertise
Commercial and Business Litigation; Construction Litigation; Real Estate
Education
University of San Francisco School of Law, J.D.
University of San Francisco, B.A.
Professional Distinctions
Awarded Martindale-Hubbell's highest rating (AV)
Member of the Board of Editors, Northern California Real Estate Legal Review
Listed, Northern California's Super Lawyers, San Francisco Magazine, 2004, 2005 and 2006
Faculty, USF Intensive Trial Advocacy Program
Arbitrator/Mediator, Bar Association of San Francisco Fee Dispute Panel
Clerked for the legendary Hon. Ira A. Brown, Jr. in the San Francisco Superior Court Law and Motion Department, and for the San Francisco Public Defender
Professional Memberships
State Bar of California
Bar Association of San Francisco
Admissions
State Bar of California
United States Supreme Court
Ninth Circuit Court of Appeals
United States District Court, Northern, Eastern, Central and Southern Districts of California
United States Court of International Trade
Community Activities
Chair, City of Pleasant Hill Civic Action Commission