Nicholas J. Fox

Senior Counsel

Overview

Nicholas Fox is senior counsel and a litigation attorney with Foley & Lardner LLP and a member of the Business Litigation & Dispute Resolution and Consumer Law, Finance & Class Action Practices.

Mr. Fox previously served as a summer associate at Foley. Prior to joining Foley, Mr. Fox worked as a law clerk for Haight, Brown, & Bonesteel. He was also a judicial extern for the Honorable M. Margaret McKeown of the United States Court of Appeals, Ninth Circuit, and a judicial intern for the Honorable Marilyn L. Huff of the United States District Court of the Southern District of California.

Representative Experience

  • Recently briefed petition for writ of mandamus, including request for judicial notice of applicable legislative history, to California Court of Appeal relating to call recording privacy class action seeking appellate court review of trial court’s interpretation of California statute, including a petition for review to the California Supreme Court.
  • Recently prepared brief and record opposing appeal seeking to overturn trial court’s order granting defendant client summary judgment and awarding attorney’s fees in breach of contract action.
  • Briefed successful motions for summary judgment and summary adjudication on indemnity and breach of contract claims for defendant client involved in personal injury and inter-party indemnity disputes.
  • Represented pro bono client successfully before Administrative Law Judge in administrative appeal proceeding seeking redetermination of disability status and retroactive payment of Social Security benefits.

Pro Bono Matters

  • Participates in and occasionally supervises a clinic coordinated by the University of San Diego School of Law and the Tom Homann LGBT Law Association of San Diego to assist trans* individuals prepare paperwork for name and gender-marker changes.
  • Secured retroactive and ongoing Social Security disability benefits for pro bono client living with HIV and other medical and occupational obstacles after client was twice denied benefits by Social Security Administration.
  • Prepared will, power of attorney, and advance medical directives for stage-IV cancer patient on hospice care.
  • Member of litigation team seeking to ensure prisoners with mental illness are given appropriate treatment and confinement conditions under applicable state statutory scheme.

Awards and Recognitions

  • San Diego Super Lawyers® – Rising Stars (2018)
  • Witkin Award – Changemaker: Advancing Access To Justice, San Diego Law Library Foundation (2017)
  • Co-Presidents’ Award, Tom Homann LGBT Law Association (2015)
  • Outstanding Service Award, Legal Aid Society of San Diego (2013)
  • Wiley W. Manuel Certificate for Pro Bono Legal Services, State Bar of California (multiple years)

Education

Mr. Fox received his law degree from the University of San Diego School of Law (J.D., cum laude, 2011). He was elected to the Order of the Coif, was senior executive editor of the San Diego Law Review, and a member of the Appellate Moot Court Board. Mr. Fox earned his undergraduate degree, with honors, from the University of Wisconsin – Madison (B.A., 2006), where he received the Meyerhoff Undergraduate Excellence Award, Pooley Prize Fellowship (two-time recipient) and the Library System Student Service Award.

Admissions and Professional Memberships

Mr. Fox is admitted to practice law in California; the Ninth Circuit Court of Appeals; the Northern, Central, and Southern Federal Districts of California; and the United States Bankruptcy Court of the Southern District of California. He is a member of the American Bar Association, San Diego County Bar Association, National LGBT Bar Association, Federal Bar Association, Association of Business Trial Lawyers, Lawyers Club, and the University of San Diego School of Law Alumni Association Board of Directors. He serves as a board member of the Tom Homann LGBT Law Association, where he has served as co-president from 2013 – 2015 and is currently serving as co-president for the 2016 – 2018 term. He is also a member of the Hon. William B. Enright American Inn of Court.