Special Counsel

Scottsdale

Direct: 480.383.1872

Office: 480.383.1800

dfitzgerald@buchalter.com

Bar Admissions

Arizona

Overview

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David Fitzgerald is Special Counsel in the Firm’s Scottsdale office and a member of the Litigation practice group. He has practiced for approximately 25 years, handling cases in federal and state courts at both the trial and appellate court levels. David is admitted to practice in Arizona, the United States District Court for the District of Arizona, and the United States Court of Appeals for the Ninth Circuit. He has prosecuted and defended a wide variety of claims and causes of action, including:

  • Fraud, conversion, negligence, breach of fiduciary duty, and other torts
  • Securities fraud, consumer fraud, misappropriation of trade secrets, and other statutory claims
  • Breach of contract, promissory estoppel, unjust enrichment, and other claims arising out of or relating to contracts or quasi-contracts
  • Wrongful termination, wage claims, and other claims in the employment context
  • Will contests, abuse of vulnerable adults, and other claims in probate; and
  • Foreclosures, garnishments, receiverships, non-dischargeability actions, and other actions and proceedings pertaining to creditors’ rights and bankruptcy.

David also has substantial experience in business and transactional law.  He has counseled and advised clients in business and transactional matters, and has structured businesses and transactions, drafted and negotiated purchase and sale agreements, credit agreements, security agreements, guaranties, leases, and many other types of legal documents, and performed due diligence with respect to, closed, and otherwise participated in numerous transactions. He has experience in a variety of areas, including commercial contracts and transactions, banking, lending and finance, entity formation, dissolution and termination, mergers, acquisitions and divestitures, general corporate and business law, sports and entertainment law, and real estate transactions.

David previously practiced in Scottsdale, Arizona with the firm of Titus Brueckner Spitler & Shelts PLC (now known as Brueckner Spitler Shelts PLC), and its predecessors.  He also practiced in Hartford, Connecticut with the firm of Day Pitney LLP, an Am Law 200 firm, formerly known as Day Berry & Howard LLP.

Before becoming an attorney, David was the vice president and chief financial officer of a closely held business, a vice president of a publicly traded company, and a senior auditor and consultant with an international accounting firm.

  • Successfully defended against all claims brought against his client in an action concerning a failed real estate transaction where the plaintiff was seeking in excess of $1,000,000 in damages. David obtained a dismissal of certain of the claims upon motion and obtained a directed verdict on the remainder of the claims during a jury trial. David also obtained an award of attorneys’ fees in favor of his client.
  • Successfully prosecuted fraud, conversion and other claims against multiple defendants in a case involving an investment in a limited liability company. David obtained summary judgment in favor of his clients, and they were awarded $250,000 in damages, plus prejudgment interest and other relief.
  • Successfully pursued securities fraud and other claims concerning real estate financing transactions against multiple defendants, inside and outside of bankruptcy. David positioned the case so as to obtain separate non-dischargeable judgments in excess of $200,000 against certain of the defendants. He also obtained default judgments against the remaining defendants.

Admissions

  • Arizona
  • United States District Court of Arizona
  • United States Court of Appeals for the Ninth Circuit

Education

  • University of Connecticut School of Law, J.D., with honors
    • First Quintile
    • Recipient of CALI awards in Commercial Law, Business Organizations, and Federal Taxation
    • American Bankruptcy Law Institute Medalist
    • Notes and Comments Editor of the Connecticut Law Review
  • Tulane University, B.S., Management
    • Dean's List
    • Beta Alpha Psi, accounting honor society
    • Recipient of ROTC Scholarship

  • David is rated on Martindale as AV Preeminent

  • State Bar of Arizona
  • Served as an Adjunct Professor at Arizona State University, Sandra Day O’Connor College of Law, where he taught a course on the Uniform Commercial Code for several semesters
  • Served on the Board of Directors of the Scottsdale Bar Association

  • Served in the United States Army Reserve, promoted to the rank of captain before being honorably discharged
  • Served on Advisory Board of the Scottsdale/Paradise Valley YMCA
  • Served on Boards of Directors, Grayhawk Community Association, and Perimeter Center Owners’ Association

  • Presented before the Real Property and Securities Sections of the State Bar of Arizona
  • Published Allen v. Lloyd’s of London: A Comment on Forum Selection