Kevin Fitzgerald is a nationally recognized litigator whose practice is focused on complicated business disputes. Kevin is also a firm leader serving on and immediate past Chairman of the Policy Committee, the firm’s principal governance and oversight board. He is also the Managing Partner of Nixon Peabody’s Manchester, New Hampshire, office.
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.
What do you see on the horizon?
Growing economic and political pressures will continue to push both federal and state governmental actors to attempt increasingly aggressive legislative and regulatory action in an effort to raise and reallocate private sector revenue and engineer related political policy. This means more increasingly high value litigation is in store for private parties whose rights are implicated by these trends.