Tom Hixson’s experience covers a range of commercial litigation matters, including intellectual property and technology disputes, antitrust and consumer class actions, and appellate litigation in federal and state courts. He prosecutes copyright and computer fraud actions and regularly defends cases brought under California’s principal consumer protection laws, Business and Professions Codes §§ 17200 and 17500, and the Consumer Legal Remedies Act. Tom also provides counseling for clients concerning intellectual property protection and antitrust and unfair competition laws and regulation by state and federal agencies.
Tom is a past 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.
Prior to joining Morgan Lewis, Tom was a partner in the antitrust and trade regulation practice of another international law firm. He previously clerked for Judge A. Wallace Tashima of the United States Court of Appeals for the Ninth Circuit.
Representation of Oracle in Nevada District Court action against Rimini Street for copyright infringement, violations of the federal Computer Fraud and Abuse Act, and related claims
Representation of Oracle in Northern District of California action related to software implementation dispute with tribal agency
Representation of insurance company in arbitration over breach of contract and fraud claims stemming from the termination of an IT infrastructure outsourcing agreement
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 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 the Metropolitan Water District of Southern California and other Southern California water agencies in a defense verdict after a six-week trial in a breach of contract claim relating to the administration of the State Water Project’s allocation of revenues from the sale of excess electrical energy. The Daily Journal listed this as one of the Top Defense Verdicts of 2009.
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, 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)
Harvard College, 1994, Artis Baccalaureate, Government
Harvard Law School, 1997, Juris Doctor, Magna Cum Laude
US Court of Appeals for the Federal Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Central District of California
US District Court for the Eastern District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US Supreme Court
Clerkship to Judge A. Wallace Tashima of the US Court of Appeals for Ninth Circuit (1997 - 1998)
Awards and Affiliations
Past 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
Listed, Super Lawyers, Northern California (2012–2013, 2016)