James E. Fitzgerald has a broad-based business litigation and insurance practice. He has been involved in numerous class action, complex litigations and jury and non-jury cases in state and federal courts and arbitrations regarding insurance coverage and bad faith, business disputes, professional liability and fraud. Mr. Fitzgerald practices before the NASD on broker issues and employment matters. During his career, he has also been involved in internal corporate investigations concerning both civil and criminal liability. Other substantive areas of Mr. Fitzgerald’s practice include the representation of financial services companies, directors and officers liability and trade secrets litigation.

Some of his notable representations include:

Prosecution of federal fraud cases (on behalf of major insurer) and coordinated defense of several hundred bad faith lawsuits (tried seven to verdict) arising out of Northridge earthquake.

Defense of class action lawsuits alleging discrimination on grounds of race and national origin on behalf of major insurer.

Representation of insurers in large multi-phased environmental first and third party coverage and bad faith case in Texas.

Representation of major insurer in connection with its Collateral Asset Protection Program and arbitration against Program Manager and Claims Servicing Agent.

Successful prosecution of insurance coverage case on behalf of policyholder drug manufacturer for coverage of 3000 DES product liability cases (two trials, five appeals and final California Supreme Court decision).

Representation of Insurers in prosecuting rescission and fraud claims.

Representation of major Wall Street brokerage firm in NASD trade secret/employment cases and customer complaint matters.

Memberships

American Bar Association

New York State Bar Association

California State Bar Association

Los Angeles County Bar Association

Activities

Instructor in Trials and Depositions, National Institute for Trial Advocacy, 1990-2007

Speaker, Catastrophic Event Insurance Claims, American Conference Institute, 2006

Speaker, Civil Litigation Practice Update, California CEB, 2002

Speaker, Business Crimes and Their Collateral Consequences to Employers and Employees, California CEB, 2002

Speaker, The Law of Insurance Bad Faith, Practising Law Institute Insurance Law Seminar, 1999

Speaker, The Duty to Defend From Both Sides: the Tripartite Relationship, Practising Law Institute Insurance Law Seminar, 1998

Settlement Officer, L.A. Superior Court

Admitted to Practice

New York; California; U.S. District Courts, Southern, Eastern and Northern Districts of New York, and Central, Southern, Eastern and Northern Districts of California; U.S. Court of Appeals, Second and Ninth Circuits

Education

J.D., Fordham University School of Law, 1979

B.S.B.A., Georgetown University School of Business, 1976