Dewey & LeBoeuf

Brian T. FitzGerald

Partner

Mr. FitzGerald represents energy, telecommunications and water clients before various state public utility commissions, federal agencies and in federal and state court. Mr. FitzGerald has counseled clients on large multi-state approval projects for mergers, acquisitions and asset sales. Mr. FitzGerald represents electric and gas utilities in rate-making proceedings and on energy efficiency and renewable energy matters. He also represents clients in obtaining state regulatory approvals for financings and restructurings and in interstate water use arrangements. Mr. FitzGerald has advised wireless, cable, telephone and service integration clients on all aspects of provisioning Internet Protocol-based data and voice service, siting of facilities and municipal franchises. He has experience drafting a broad range of complex contracts, interconnection, network security, IRUs, peering, DAS and affiliate transaction agreements. He has counseled clients ranging from competitive local exchange carriers, VOIP providers, to well-established national cable companies and trade associations on numerous issues stemming from the enactment of the Telecommunications Act of 1996.

Mr. FitzGerald also represents clients on a variety of technology issues including privacy, cybersecurity, Internet fraud, IPv4 and IPv6 resource issues, peering arrangements and service provider disputes. He frequently counsels clients on breach of contract and billing-related disputes.

He has also assisted PCS and tower clients in nationwide site acquisition, securing central office leases, IRUs, fiber optic rights-of-way, franchising, pole attachments, tower procurement, system development, and operations.

Selected Activities

Member, American Bar Association
Vice Chair, Communications, Section of Public Utility Communications and Transportation Law, 2004-2011
Vice Chair, Water, Section of Public Utility Communications and Transportation Law, 2008-2011
Member, Federal Communications Bar Association

Publications

Co-author, "The FCC’S Pole Attachment Discount For Telecoms Cos," Law360 (2011) (w/ David Poe and J. Porter Wiseman).
Co-Author, "Recent Developments in Public Utlity Communciations and Transportation Industries (2011)" Water (with Greg Nickson, Renee Ruiz, Richard D. Gary, Thomas P. Gadsden and L. Wilima Staudenmair).
Co-Author, Client Alert, "New York's One-Stop Power Facility Siting Law is Back" (2011)(with Robert J. Alessie, Jeffrey D. Kuhn and Gregory G. Nickson).
Author, "Sealed v. Sealed, A Public Court System Secretly Going Private," Journal of Law & Politics (1990).

Awards and Recognition