Kevin M. Fitzgerald
Office Managing Partner

Practice Areas

Experience

Kevin Fitzgerald is a member of the litigation department and Managing Partner in Nixon Peabody LLP’s Manchester, New Hampshire office. He also serves as Chairman of the Policy Committee, the firm’s principal governance and oversight board.

Selected Experience

• Represented a consortium of over 300 health care providers on behalf of themselves and a class of current and past policyholders in an action which successfully challenged the constitutionality of State legislation seeking transfer of $110 million in funds to the State's general fund.
• Retained to advise United States Court of Appeals in connection with confidential investigation and related matters.
• Secured multimillion-dollar recoveries for benefit of receivership and defrauded investors as lead counsel for federal court appointed receivership arising out of high-profile SEC enforcement litigation
• Secured defendants’ verdict in defense of board of directors sued for breach of fiduciary duty, self-dealing, and fraud in connection with public company merger transaction
• Secured defendants’ verdict in defense of multimillion-dollar breach of fiduciary duty claims by minority shareholders against directors and majority shareholders
• Obtained $1 million breach of contract award on behalf of former CEO of high-technology start up company
• Successfully argued landmark appeal on behalf of national managed care insurer, resulting in invalidation of court orders made in derogation of carrier’s audit and arbitration rights
• Obtained multimillion-dollar recoveries in separate trials on behalf of two former corporate chief executives wrongfully terminated “for cause” in attempts to escape payment of vested compensation and stock rights
• Earned multiple defense judgments on behalf of insurers in disputes involving hundreds of millions of dollars in disputed insurance coverage and related bad faith claims
• Acted as lead counsel in successful arbitration of $4+ million complex contract civil fraud and conspiracy claim and secured no-prosecution decision in related federal criminal investigation
• Earned defense judgment in defense of defamation and civil conspiracy claims against corporate defendant arising out of shareholder dispute
• Obtained defense judgment in federal court trial of ERISA claims against major regional financial institution
• Twice successfully defended appeals to the United States Supreme Court from successful orders in lower appellate courts

Admissions

Education

Suffolk University Law School, J.D., with honors (Law Review)
University of New Hampshire, B.A., with honors
Harvard Business School, Executive Program

Affiliations

Kevin has served on the board of directors of the American Diabetes Association—New England and New Hampshire affiliates (past chairman); he is president and chairman of the board of the Manchester Community Music School and serves as an advisor to several other charitable organizations. He is a past member of the board of governors of the New Hampshire Trial Lawyers Association and past president of the Manchester Bar Association.