Services
Education
- Suffolk University Law School, J.D., with honors, (Law Review
- University of New Hampshire, B.A., with honors
- Harvard Business School, Executive Education Program
Admissions
- New Hampshire
- U.S. District Court, District of New Hampshire
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Supreme Court
- Massachusetts
- U.S. District Court, Northern District of New York
RecognitionKevin is recognized for exceptional standing in the legal community in Chambers USA: America's Leading Lawyers for Business 2012 for litigation work. Kevin is recognized for distinguishing himself with “exemplary technical skills, professionalism and attention to detail,” according to Chambers USA. He has been recognized in Chambers USA in every year of its publication. He has also been recognized as a “New England Super Lawyer” in Business Litigation based on a peer-review survey by Thomson Reuters (2007-2013). From 2008 to 2012, Kevin was also recognized for both his leadership of Nixon Peabody's "highly recommended" litigation team and as an individual “Litigation Star” by Benchmark Litigation, a guide to leading American trial lawyers, which described him as “brilliant” and “logical” in the courtroom. Kevin is also listed in The Best Lawyers in America from 2011 to 2013 in the specialty of Commercial Litigation.
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KEVIN M. FITZGERALD
Kevin Fitzgerald is a member of the litigation department and Managing Partner in Nixon Peabody LLP’s Manchester, New Hampshire office. He has also served as Chair of the Policy Committee, the firm’s principal governance and oversight board.
Kevin’s practice is national in scope, and is concentrated in the area of complicated business disputes, with particular experience in federal and state receivership proceedings. As lead counsel, he has successfully prosecuted and defended multimillion-dollar litigations involving claims in such areas as mergers and acquisitions, corporate fiduciary duty, directors and officers liability, securities enforcement, insurance coverage, and employment law claims involving corporate executives.
In addition to courts in which Kevin is admitted, he has appeared in matters in numerous other jurisdictions including courts in New York, California, Illinois, Rhode Island, Vermont, New Mexico, Florida, Pennsylvania, Washington, Connecticut and Maine. He has also appeared in American Arbitration Association proceedings in New York City, Boston and Washington, D.C. Representative Experience- New Hampshire class action, unconstitutional state taking and impairment of contract
New Hampshire class action, unconstitutional state taking and impairment of contract: Acted as lead counsel for a consortium of over 300 health care providers, on behalf of themselves and a class of more than 6,000 current or past policyholders in the New Hampshire Medical Malpractice Joint Underwriting Association (JUA), in an action that successfully challenged state legislation that required JUA to transfer a total of $110 million in alleged excess surplus funds to the state’s general fund in fiscal years 2009, 2010, and 2011. Both the trial court and the New Hampshire Supreme Court ruled in our clients’ favor, holding that the legislation constituted an impermissible impairment of clients’ contract rights in violation of the New Hampshire Constitution. In 2011–2012, successfully defended clients’ adjudicated rights in a sequence of judicial, administrative and legislative proceedings culminating in the prosecution of a precedent setting litigation class action. Class certification was granted, summary judgment was obtained and, after a fairness hearing, the Plan of Allocation to return the $110 million in funds to policyholders was approved. (Georgia Tuttle, M.D., et al. v. The State of New Hampshire, Belknap County Superior Court, NH, Docket No. 09-E-148(2009); NH Supreme Court Docket No. 2009-0555 (2010) and related judicial, administrative and legislative proceedings.) Click here to read a full case study. - Retained to advise United States Court of Appeals in connection with confidential investigation and related matters.
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 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. . . . View all . . .
- 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 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
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
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
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
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
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
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
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
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
Twice successfully defended appeals to the United States Supreme Court from successful orders in lower appellate courts.
. . . Hide Representative Experience . . .AffiliationsKevin 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. Press
Media Clips
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