Nixon Peabody LLP
Kevin Fitzgerald is a nationally recognized litigator whose practice is focused on complicated business disputes. Kevin is also a firm leader serving his second term as chairman of the Policy Committee, the firm’s principal governance and oversight board, and previously in its Manchester office as the firm’s longest-serving office managing partner.
What do you focus on?
I have a trial practice, national in scope, concentrated in the area of complicated financial disputes. I have particular experience in constitutional challenges to government action impairing private contract rights and in federal and state receivership proceedings. I recently secured on behalf of national equipment manufacturers a preliminary injunction on constitutional grounds of legislation purporting to retrospectively impair manufacturer/dealer agreements. I have successfully tried as lead counsel high dollar value claims of national note involving challenges to unconstitutional government action, mergers and acquisitions, corporate fiduciary duty, lender rights, class action and insurance coverage. Most recently, I was lead counsel in a complex, multi-forum litigation winning a $110MM judgment for a class of 6000+ health care providers.
In addition to courts in which I am admitted, I have appeared in matters in most other U.S. jurisdictions including courts in New York, California, Illinois, Indiana, Delaware, Maryland, Rhode Island, Vermont, Virginia, Nevada, New Mexico, Florida, Ohio, Pennsylvania, Texas, Washington, Connecticut and Maine. I have also appeared in American Arbitration Association proceedings in New York City, Boston and Washington, D.C.