99 Washington Avenue
Suite 2020
Albany, NY 12210-2820
ph: 518.788.9401
fx: 518.445.1958
Photo of Brian T. FitzGerald

Areas of Practice



Brian T. FitzGerald


Brian T. FitzGerald represents energy, telecommunications and water clients before various state public utility commissions, federal agencies and in federal and state courts. Mr. FitzGerald routinely counsels clients on large multi-state regulatory approval projects for mergers, acquisitions and asset sales. He also represents electric, gas and water utilities in rate-making proceedings, investigations, audits and prudence reviews.  Mr. FitzGerald counsels clients involved in energy efficiency, interconnection, and renewable energy matters.  He also represents clients in obtaining state regulatory approvals for financings and restructurings. Mr. FitzGerald also advises electric clients on reliability support agreements.

Mr. FitzGerald has advised wireless, cable, telephone and VOIP 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 interconnection contracts, 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 telecommunications issues.

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

He has also assisted PCS, DAS 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

Past Experience

  • Partner, Dewey and LeBoeuf, LLP and its predecessor firms, 1999-2012

Professional & Community Activities

  • Member, American Bar Association
  • Vice Chair, Communications, Infrastructure and Regulated Industries Section 2004-2014
  • Vice Chair, Water, Infrastructure and Regulated Industries Section 2008-2014
  • Chair, Water, Infrastructure and Regulated Industries Section, 2016

Honors & Awards

  • Chambers USA, Leading Lawyers, Band 1, Index, 2005-2016
  • Selected to the Super Lawyers List, Upstate New York Edition (2007 - 2016) by the Super Lawyer legal rating service issued by Thomson Reuters.  A description of the selection methodology can be found at: No aspect of this award has been approved by the Supreme Court of New Jersey.
  • Hudson Valley Magazine, Top Attorney, 2014 - 2016
  • Public Utilities Fortnightly, Groundbreaking Lawyers of 2010