Kevin M. Fitzgerald - Nixon Peabody LLP

Kevin M. Fitzgerald

Listed in Best Lawyers since 2011

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.

University of New HampshireBA Suffolk University Law SchoolJ.D.

Client Comments

"Kevin is a gifted litigator. He knows when and how to finesse a situation via negotiations and strategy, but has the firepower to back it up, if and when court is the only solution."

-John Friberg
Senior Vice President, General Counsel
Elliot Hospital

"Kevin Fitzgerald is an excellent lawyer who brings a team of very competent and dedicated attorneys to tackle a complex problem. Kevin's trial skills are superior. His arguments, remarks, and ability to convey the client's side of the argument are second to none. Careful research, strategic thinking, and the ability to lead a team of professionals are all hallmarks of Kevin's practice."

-Thomas Buchanan
Derry Medical Center

Office Location

900 Elm Street
Manchester, NH 03101-2031
United States

Practice Areas

Commercial Litigation
Litigation - Banking and Finance
Litigation - Mergers and Acquisitions
Mass Tort Litigation / Class Actions - Defendants