Overview

Tony Tootell is a partner and commercial litigation lawyer with Foley & Lardner LLP, where he focuses his practice on complex commercial litigation in both federal and state court nationwide. Mr. Tootell represents clients in consumer class actions, lender liability, contract claims, and tort defense. He has extensive experience advising financial institutions about issues and claims concerning federal regulation of the industry, including RESPA, TILA, and HOEPA, as well as state consumer protection statutes and common law predatory lending claims in federal and state courts throughout the country. He is a member of the firm’s Business Litigation & Dispute Resolution, Appellate, Consumer Law, Finance & Class Action, and Financial Institutions Practices and the Energy Industry Team.

Mr. Tootell is experienced in developing alternative pricing for litigation and has represented class action clients under such arrangements. His trial experience includes bench trials involving option contracts, environmental indemnity claims, and land use disputes. Mr. Tootell has also represented clients in non-litigation matters related to contracts and real estate both in and outside of California.

Prior to joining Foley, Mr. Tootell was a litigation associate with an international law firm.

Representative Experience*

  • Prevailed on summary judgment against a putative class action alleging fraud, unfair business practices, and lender liability against financial client arising from high-end condominium project. Two year matter involved demurrers, writ petitions, deposing multiple plaintiffs and co-defendants, preparing client deponents, written discovery, e-discovery, motions to compel, discovery sanctions, and use of discovery referee.
  • Fourteen month in-house counsel position at the legal department of a large, national bank. Managed litigation for over 250 national cases handled by several outside law firms. Attended mediations as client representative. Prepared presentations and memoranda for law firm regarding effective management of cases and communication with client.
  • Drafted 9th Circuit respondent's brief in real estate lending matter involving split Federal Circuit authority.
  • Second chaired a two week federal bench trial involving breach of environmental indemnity provision. Conducted direct examination of witness; prepared client and third party witnesses for testimony; drafted portions of opening and closing briefs; drafted motions in limine; and admitted trial exhibits.
  • Second chaired a week long bench trial for non-profit client involving easement and water rights dispute with adjacent landowners. Drafted mediation, pre- and post-trial briefs, objection to statement of decision, and opposition to motion for attorney's fees.
  • Represented a start-up company in successful pre-appearance mediation of dispute involving manufacturing of products in China through U.S. distributor and misappropriation of intellectual property.
  • Defended stop notice and mechanic's lien actions for development project investors, including a 30 party mediation.
  • Obtained summary judgment in putative California state court class action matter alleging claims against national lender in connection with loan origination and closing.
  • Obtained favorable trial outcome for pro bono client in matter involving property rights and land use.
  • Obtained favorable settlement in contract dispute involving a product manufacturer. 
  • Obtained favorable settlement in California state court environmental action regarding clean-up of the property.

*Certain of these transactions occurred prior to Mr. Tootell joining Foley & Lardner LLP.

Recognition

Mr. Tootell was named to the 2013 and 2014 Southern California Super Lawyers – Rising Stars lists.

Education

Mr. Tootell earned his law degree from the University of Southern California (J.D., 2004), where he was a member of the Southern California Law Review. He holds a bachelor’s degree in history from the University of Southern California (B.A., 2001).

Professional Memberships

Mr. Tootell is a member of the Los Angeles County Bar Association, the American Bar Association, and the Association of Business Trial Lawyers.

Admissions

He is admitted to practice in California, and before the U.S. Court of Appeals for the 9th Circuit, and the U.S. District Courts for California.