Brian T. FitzGerald

New York

Brian T. FitzGeraldCullen and Dykman LLPLinkedin.Logo
99 Washington Avenue
Suite 2020
Albany, NY 12210-2820

Tel: 518.788.9401
Fax: 518.445.1958


Mr. FitzGerald represents energy, telecommunications and water clients before various state public utility commissions, federal agencies and in federal and state court. Mr. FitzGerald routinely counsels clients on large multi-state regulatory approval projects for mergers, acquisitions and asset sales. Mr. FitzGerald also represents electric, gas and water utilities in rate-making proceedings. Mr. FitzGerald counsels clients involved in energy efficiency and renewable energy matters. He also represents clients in obtaining state regulatory approvals for financings and restructurings and in interstate water use arrangements.

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, IPv4 and 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.

Cullen and Dykman LLP has a national reputation in energy law, having represented companies in the energy industry since well before the beginning of the twentieth century. Today, our attorneys maintain a continuing awareness of statutory, judicial and regulatory pronouncements and policies affecting businesses engaged in established and advanced technology energy-related pursuits as well as a number of regulated utility industries such as natural gas, electric power, and telecommunications.
The firm’s clients include regulated enterprises, public utilities, energy marketers and brokers, developers and operators of independent power, cogeneration, renewable energy generation facilities, large end-users, and independent oil and gas producers. Our services to energy industry clients include: general corporate, commercial and contract matters; financing of energy-related capital projects; and rate, certificate, siting and other regulatory matters before federal and state administrative agencies, including the United States Department of Energy, the Federal Energy Regulatory Commission, the New York State Public Service Commission and the New Jersey Board of Public Utilities, and related appellate work before federal and state courts.
The firm also assists clients in the formulation and negotiation of business structures and relationships, including formative and ongoing structural advice, advises on mergers, acquisitions and divestitures; represents financial institutions, energy companies and regulated businesses in connection with energy-industry financing transactions; structures and negotiates arrangements for the supply, transmission and management of various energy and telecommunications services and commodities; assists in zoning, land-use, eminent domain and other real property matters affecting electric and natural gas production, transmission and distribution facilities; and provides project-specific and strategic advice on tax and related issues, including income, franchise, gross receipts, sales, property and utility taxation, and structuring to minimize these taxes.
Drawing on a depth of experience and a rich tradition and history that bridges three centuries, Cullen and Dykman LLP is a solution-oriented general practice law firm.

Cullen and Dykman LLP has been serving institutional and individual clients in the New York metropolitan area since 1850. Our commitment to quality, cost-effective legal services has helped us build long-term relationships with clients in all types of industries. We offer a wide range of comprehensive legal services, including banking, corporate, energy, real estate, litigation, labor, municipal and trust and estates. Our offices are strategically located to best serve our clients. We have full service offices in Garden City (one of the largest law offices on Long Island), Wall Street (Manhattan), Albany (New York State’s capital), and Washington D.C., as well as offices located in Flushing, Queens, Brooklyn Heights, and Newark, New Jersey. Our mission is to provide all of our clients — from individuals and small businesses to large utilities and financial service companies — with innovative and practical legal advice. We invite you to contact us to learn how Cullen and Dykman LLP can assist you with your legal needs.

Brian FitzGerald is held in high regard as a well-connected practitioner in the sector. He has recently been working to obtain, on behalf of GDF SUEZ, regulatory approvals for its purchase of the outstanding shares of International Power.
Chambers USA, 2013