Thomas G. Foley, Jr., a founding partner, of Foley Bezek Behle & Curtis LLP, graduated from the University of Notre Dame Law School in 1975 where he was an Assistant Editor of the Notre Dame Law Review. Tom was admitted to the State Bar of California in 1975 and is also admitted to practice before the U.S. Supreme Court, U.S. Court of Appeals, Ninth Circuit U.S. District Court, Eastern District of California,and the U.S. Tax Court.
Since 1975, Tom’s practice has primarily involved business litigation and class actions. Tom has tried more than twenty-five jury trials to verdict as the lead counsel or co-lead counsel in both state and federal district courts. Tom has prosecuted or defended numerous class actions as lead or co-lead counsel in which the classes were successfully certified, including In Re Structured Settlement Litigation, LASC Case No. BC 244111 (a national class action involving a Ponzi scheme, which resulted in settlements of $124 million paid by, inter alia, Bankers Trust Company, Merrill Lynch, and Wells Fargo Bank); Internal Revenue Service (“IRS”) §1031 Tax Deferred Exchange Litigation, Federal District Court of Nevada, Case No. 2:07-cv-1394 (a national class action involving a Ponzi scheme which resulted in settlements in excess of $98 Million paid by, inter alia, Union Bank of Switzerland and Smith Barney & Company); Hunter v. Okun, et al., Federal District Court for the Northern District of California, Case No. 09-cv-02079JW(RSx) (a national class action involving a Ponzi scheme for which approximately $98 Million in settlements have been preliminarily approved by the Court); Fletcher v. Brown & Brown, Santa Barbara Superior Court, Case No. 01131631; Blinkinsop, et al. v. Vegas Grand, Federal District Court for Nevada (Las Vegas Branch), Case No. CV-S-05-0714–M (RJJ); Scott, et al. v. Vegas Icon, Federal District Court for Nevada (Las Vegas Branch) Case No. 2:06-cv-00082-JCM-PAL.
Tom is currently prosecuting as co-lead counsel Beauperthy et al. v. 24 Hour Fitness, Federal District Court for the Northern District of California, Case No. C 06 0715 SC (a national wage and hour class action under the Fair Labor Standards Act (“FLSA”) which has been conditionally certified), and Soltman, et al v. Jackson National Life Insurance Company, Case No. 2:10-cv-00612 JHN-RZ, a national case related to a Ponzi scheme perpetrated by Bruce Friedman and Diversified Lending Group, Inc.
Tom has lectured on litigation related topics at continuing education seminars sponsored by the American Bar Association, the California Continuing Education of the Bar, the American Trial Lawyers Association, and the Continuing Legal Education Institute in New York City.Tom is also an acknowledged expert in litigating on behalf of borrowers against lenders in loan workouts and settlements of disputed loans. He is the author of “Loan Negotiations and Workouts: Strategies for Maximizing the Developer’s Leverage,” The Journal of Real Estate Development, Winter Edition, 1989, and is the co-author of “Workouts Relieve Lenders of Alleged Past Improprieties,” Savings Institutions, May, 1988.
Martindale Hubble has assigned Tom an “AV” rating, which is the highest rating possible for legal ability and ethics. He was also designated as a “Super Lawyer” in the field of business litigation in Southern California for 2006, 2007, 2008 and 2009.
