Thomas S. Hixson’s experience covers a range of commercial litigation matters, including antitrust and consumer class actions in federal and state court, and litigation in the telecommunications and energy industries. He regularly defends cases brought under California’s principal consumer protection laws, Business and Professions Codes §§ 17200 and 17500, and the Consumer Legal Remedies Act. He also provides counseling for clients concerning antitrust and unfair competition laws and regulation by state and federal agencies.
Tom is the chair of the California State Bar’s Antitrust and Unfair Competition Section. He has spoken and written articles on class action procedure, Business and Professions Code § 17200, the California Cartwright Act, and the California Consumer Legal Remedies Act.
Tom received his law degree magna cum laude in 1997 from Harvard Law School, where he was an officer on the Harvard Law Review. He received his A.B. magna cum laude from Harvard in 1994. Prior to joining the firm, he clerked for the Hon. A. Wallace Tashima of the United States Court of Appeals for the Ninth Circuit.
- Represented MetWater in a defense verdict after a six-week trial where Northern California water agencies alleged the California Department of Water Resources violated contracts governing the administration of the State Water Project by using revenues from the sale of excess electrical energy to reduce the costs of transporting water to Southern California. The court held the water department’s interpretation of the contract was correct.
- Representation of telecommunications company in consumer class arbitration before the American Arbitration Association
- Representation of telecommunications and insurance companies defending cases brought under California Business and Professions Code § 17200, including The Foundation for Taxpayer and Consumer Rights v. T-Mobile USA, Inc., 2006 WL 2821837 (Cal. Ct. App. 1st Dist., Div. 5 Oct. 4, 2006) (affirming dismissal of California Business and Professions Code § 17200 consumer case because of Proposition 64)
- Representation of health plan provider network in writ proceeding to stay a trial court unfair competition and trade secret misappropriation case pending arbitration. Heritage Provider Network, Inc. v. Superior Court, 158 Cal. App. 4th 1146 (2008)
- Representation of lighting fixture designer in action for copyright infringement and unfair competition. Jonathan Browning, Inc. v. Venetian Casino Resort, LLC, 2007 WL 4532214 (N.D. Cal. Dec. 19, 2007)
- Representation of insurance company in arbitration over breach of contract and fraud claims stemming from the termination of an IT infrastructure outsourcing agreement
- Representation, pro bono, of nonprofit groups alleging claims of deceptive sales tactics before the California Public Utilities Commission. The Greenlining Institute v. Public Utils. Comm’n, 103 Cal. App. 4th 1324 (2002) (holding that the California Public Utilities Commission does not have jurisdiction over claims under California Business and Professions Code § 17200)
- Representation of plaintiffs challenging municipal environmental regulations on preemption and constitutional grounds. City of Los Angeles v. County of Kern, 509 F. Supp. 2d 865 (C.D. Cal. 2007) (granting summary judgment and issuing permanent injunction against municipal ban on land application of biosolids); Fireman’s Fund Ins. Co. v. City of Lodi, 296 F. Supp. 2d 1197 (E.D. Cal. 2003) (enjoining municipal ordinance governing allocation of liability for groundwater contamination on preemption grounds)
- Representation of various companies in breach of contract and commercial disputes, including Vanstar Corp. v. AT&T Solutions, Inc., 2004 WL 1664790 (Cal. Ct. App. July 27, 2004) (commercial dispute alleging breach of contract and related torts)
- Co-author, “California State Antitrust and Unfair Competition Law,” California State Bar, Chapter 21: Class Actions in Competition and Consumer Protection Cases (December 2009)
- Editorial Board, “The Cartwright Act, 17200 and 17500, the CLRA, and the Unfair Practices Act,” California State Antitrust and Unfair Competition Law Section of the State Bar of California (December 2009)
- Editor-in-Chief, Competition: Journal of the Antitrust and Unfair Competition Section of the State Bar of California (Spring/Summer 2008)
- Moderator, 18th Annual Golden State Antitrust and Unfair Competition Law Institute, Los Angeles, Calif. (Oct. 24, 2008)
- Faculty Member, 2008 Class Action & UCL Litigation Conference, San Francisco, Calif. (July 2008)
- Panelist, Antitrust Roundtable, California Lawyer (May 2008)
- The Class Action Fairness Act of 2005, Bridgeport Continuing Education Unfair Competition Conference (May 2005)
- Class Action Lawsuits that Include § 17200 Claims, Bridgeport Continuing Education Unfair Competition Conference (January 2005)
- Implications of Proposition 64: Changes to the UCL, Bus. & Prof. Code §§ 17200 et seq. Imposed by Prop. 64 — How Prop. 64 Affects You and Your Practice, State Bar Antitrust and Unfair Competition Section Seminar (November 2004)
- Editor, Harvard Law Review
- First vice chair, State Bar of California, Antitrust and Unfair Competition Section Executive Committee
- State Bar of California Litigation Section
- American Bar Association, Antitrust, Litigation and Public Utility Sections
- Bar Association of San Francisco
- Bay Area Lawyers for Individual Freedom
- Admitted to practice in California
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
- U.S. Supreme Court
- Harvard Law School, Juris Doctor, magna cum laude, 1997
- Harvard College, Artis Baccalaureate, 1994