Tom Prouty enjoys an active, complex and diverse litigation practice. He has successfully represented a variety of international, national and local clients at both the trial and appellate court level in complex litigation involving numerous aspects of the law, including corporate and commercial law, breach of contract, breach of fiduciary duty, unfair competition and other business torts, intellectual property, insurance coverage, Proposition 65 defense, real estate finance, and bankruptcy. Tom enjoys managing cases to efficiently achieve the optimum result, and trying cases when necessary. He has tried both jury and bench trials in both state and federal court. Tom has also participated in a number of the firm’s pro bono activities and cases.
- Represented plaintiff-borrowers in fraud and breach of fiduciary duty case against mortgage loan broker, second-chairing three week state court jury trial, examining and cross-examining witnesses, and obtaining $3.8 million jury verdict, including punitive damages, in clients’ favor.
- Defended marketing company in breach of contract, fraud and accounting action, second-chairing federal court jury trial and cross-examining expert witness.
- Obtained summary judgment for insurer in fidelity bond coverage and bad faith action involving subprime mortgage loan scheme.
- Representing closely held corporation in defense of fraud, breach of fiduciary duty, conspiracy and breach of contract claims asserted by minority shareholders.
- Defended and obtained positive settlement for manufacturer in product liability action.
- Counseled media company in copyright infringement claim involving photographic images on multiple internet sites, leading to favorable settlement and release.
- Represented large telecommunications company in breach of contract and copyright infringement litigation.
- Represented shareholder in breach of fiduciary duty, fraud and accounting case against corporation and corporate officers and ultimately obtaining favorable settlement.
- Defended and obtained positive settlement for national retailer in Proposition 65 action.
- Represented several clients, including national consumer class, in protecting their rights and interests as creditors in various bankruptcy cases.
- Obtained judgment in favor of plaintiff-lessor in breach of lease case.
Presentations and Speaking Engagements
- “New Regulations Affecting Liability Insurers: What Insurers, Plaintiff’s Counsel and Defense Counsel Need to Know About the New Medicare Reporting Requirements,” Orange County Bar Association, Insurance Law Section Meeting, Costa Mesa, CA (March 26, 2010).
Professional and Community Involvement
- OCBA Litigation Section
- OCBA Community Outreach Committee
- OCBA Client Relations Committee
- OCBA Mandatory Fee Arbitration Committee
- ABA Business Torts & Unfair Competition Litigation Committee
- ABA Commercial and Business Litigation Committee
- ABA Young Lawyers Division, Litigation Section
Rankings and Recognition
- Recognized as a Rising Star by Super Lawyers Southern California (2014).
- Associate, Troutman Sanders LLP, 2009-present
- Associate, Ross, Dixon & Bell, LLP, 2005-2008
- University of San Diego School of Law, J.D., magna cum laude, 2005
- University of California, San Diego, B.A., summa cum laude, 2001
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
U.S. District Court for the Eastern District of California
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Ninth Circuit