Thomas N. FitzGibbon

Thomas N. FitzGibbon is a litigator and environmental lawyer with a wide range of experience. Prior to joining the Firm, Tom was with the international law firm of Bryan Cave LLP in its Santa Monica, California office for over ten years, and was elected partner in 2001. Mr. FitzGibbon received his B.A. degree with a double major in Chemistry and Classics from Williams College in 1987, and taught high school science and math for three years at St. Louis Country Day School before attending Washington University School of Law where he earned his J.D. in 1993. He is licensed to practice before all the federal and state courts in the State of California, and has litigated cases in every federal district in California and has successfully argued appeals before the Ninth Circuit. Mr. FitzGibbon has handled cases in at least 14 counties in California and appeals before the First and Second Appellate District Courts of Appeal.

Mr. FitzGibbon's practice focuses on complex litigation, including class and representative actions, especially those arising under California Business & Professions Code Section 17200, also known as the Unfair Competition Law. In the class and representative action context, most of the matters involve the defense of business entities against consumer claims of fraud or unfair business practices. In the typical commercial litigation context, Mr. FitzGibbon has significant experience handling contractual and extra-contractual disputes between business organizations, including those in the intellectual property context. Tom also has broad experience in handling real estate disputes of all types, including purchase-and-sale agreements, title insurance claims, easements and boundary disputes, as well as construction litigation. Tom is very experienced in computer and technical matters, and has assisted clients in resolving disputes across a range of technological contexts such as those involving hardware and software implementation, Internet web site development, computer consulting and licensing matters. Tom has also been involved in litigating or trying cases in the following areas: probate and trust matters, corporate control battles, securities fraud, product liability and personal injury.

In the environmental arena, Tom handles both litigation and non-litigation matters. Examples of typical environmental litigation matters include: the defense of Proposition 65 claims, the prosecution or defense of cost recovery claims under federal or state law involving the determination of liability or the allocation of costs in remediating contaminated property, contractual disputes involving environmental matters such as indemnities, and defending against governmental enforcement actions such as those brought by the South Coast Air Quality Management District, the California Department of Toxic Substances Control, local county environmental prosecutors as well as the EPA. In addition to litigation, Mr. FitzGibbon assists clients with respect to a broad range of environmental matters across a range of media and applicable laws. Tom has worked on matters involving the Clean Air Act, the Clean Water Act, RCRA, CERCLA, the Toxic Substances Control Act, the Endangered Species Act, the National Environmental Policy Act, as well as various California environmental laws under the Health & Safety Code and the Water Code. Examples of non-litigation matters include providing compliance counseling and advice on Proposition 65 issues, release reporting, obtaining variances, conducting or participating in environmental audits, and providing advice in environmental aspects of business transactions.

Mr. FitzGibbon has been very active in Williams College Alumni Activities, including as an Alumni Class Officer, and as the President of the Williams College Alumni Association of Los Angeles for over five years. Tom is still on the Executive Committee of the Williams College Regional Association. Over the years, Tom has also done a significant amount of pro bono work both for indigent individuals and for bicycle-related organizations. Tom is very active in outdoor activities of all types including biking, running, hiking, skiing and golf. When time permits, Tom races his bicycle in road races and criteriums as a Category 3 racer.

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