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Timothy B. Fitzgerald

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F: (206) 624-5128

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Timothy B. Fitzgerald

Tim Fitzgerald is a trial attorney and business litigator. He has represented plaintiffs and defendants, both in state and federal courts and in arbitration, in connection with a wide range of commercial disputes. Tim’s litigation and trial experience includes disputes involving employment, insurance, corporate governance, commercial real estate, copyright, trade secrets, sports law, contract, and fiduciary duty issues. Tim has also litigated matters under state and federal securities laws, RICO, and federal antitrust laws, and has represented clients in connection with numerous contested corporate dissolutions.

Prior to joining McNaul Ebel, Tim was associated with the New York law firm of Boies, Schiller & Flexner. He also served as general counsel to Gordon Group Holdings in Greenwich, Connecticut. Tim also served as law clerk to the Hon. Ricardo S. Martinez in the U.S. District Court for the Western District of Washington and to the Hon. Paul E. Davison in the U.S. District Court for the Southern District of New York.

Representative Cases / Matters

• Representation of Harvard Business School professor and best-selling author, along with related corporate entities, in corporate dissolution dispute (obtained summary dismissal of all claims and successfully represented clients on appeal). A copy of the Court's decision is available here.
• Representation of investor in FINRA arbitration against a NY-based clearing agent and brokerage firm arising out of a multi-million dollar pump-and-dump scheme (following a week long hearing, obtained eight-figure arbitration award).
• Defend insurer in coverage and bad faith dispute with pharmaceutical company (obtained summary dismissal of bad faith claims; as co-counsel in the subsequent jury trial, obtained verdict discounting the remaining amount of claimed damages by 95%).
• Representation of investor in action against technology start-up company and its founder under the Washington State Securities Act ("WSSA") and for breach of contract (obtained judgment against both defendants for full amount of damages, attorney's fees, and costs).
• Representation of musician and audio director in dispute over his founding ownership interest in a well-known video game company. (Following a week-long arbitration, obtained ruling that client is entitled to significant vested stock in the company, and that he is entitled to continued payment under the company's profit participation plan. In a separate-but-related lawsuit, obtained judgment against the company's CEO for full amount of damages, punitive damages, attorney's fees and costs relating to wrongfully withheld wages). A copy of the arbitrator's ruling is available here.
• Defend corporate executive against claims under state and federal RICO laws relating to the collapse of a real estate conglomerate (obtained summary dismissal of all claims).
• Representation of a video game company in federal copyright matter (matter successfully resolved).
• Representation of shopping mall developer in action against a publicly-traded REIT concerning ownership of commercial real estate located on the Las Vegas Strip (obtained settlement on the eve of trial).*
• Conduct internal investigation of a $12 billion investment management firm regarding alleged violations of the Investment Advisers Act of 1940.
• Representation of a law firm against claims of malpractice and breach of fiduciary duty in connection with a purportedly improper contingency fee agreement (obtained settlement prior to trial).

Publications

"The 'Inherent Risk' Doctrine, Amateur Coaching Negligence, and the Goal of Loss Avoidance," 99 NW. U. L. Rev. 889 (2005).

"Picking Battles and Winning Wars: The Art of Choosing the Right Battles During Discovery," WSBA Litigation News, Vol. 25 No. 4 (Fall 2013).

Awards and Activities


Selected by Washington Law & Politics as a "Rising Star" (2013, 2014, 2015, 2016)

Rated "Superb (10.0/10.0)" by Avvo.com

Personal

A native Chicagoan, Tim divides his spare time between reading, rooting on his Chicago sports teams, and enjoying the outdoors with his wife, daughter, and three dogs.

*Connotes experience prior to joining McNaul Ebel Nawrot & Helgren.

EDUCATION

  • Northwestern University School of Law (J.D., 2005); senior articles editor, Northwestern University Law Review
  • University of Illinois (B.A., 2001)

BAR ADMISSIONS

  • Washington State
  • New York
  • District of Columbia
  • South Carolina

Court Admissions

  • United States District Court for the Western District of Washington
  • United States District Court for the Southern District of New York
     

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