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Practice Focus and Experience
Tom Fitzpatrick practices in the Litigation Group, the Business Law Group, and the Closely Held Business Group. Tom is a trial lawyer focusing primarily on business, corporate, and commercial litigation. He has considerable experience in all manner of business disputes, including litigation and arbitration in corporate, real estate, construction, and shareholder cases.

Representative Matters
  • Successful prosecution of a corporate indemnification action in the Delaware Chancery Court. More information
  • Successful defense of a bank, a mortgage company and its loan officer in a case brought by a construction loan borrower alleging fraud and violation of Chapter 93A. More information
  • Successful prosecution of an action brought by an intestate estate to recover funds from a former administratrix of the estate. More information
  • Successful defense of a federal court action alleging fraud and breach of fiduciary duty by former chief financial officer and treasurer of investment banking firm. More information
  • Successful defense of a Chapter 93A suit for a commercial lessor brought by its commercial lessee.
  • Successful defense of a $7.9 million breach of fiduciary duty arbitration claim brought against a general partner of a Rhode Island limited partnership. More information
  • Proceedings before the Delaware Chancery Court involving competing proposals for the tax-free division or sale of assets of the corporation for the owners of 50% of a large privately held convenience store and retail gasoline business.
  • Conversion from a brick and mortar manufacturing operation to a licensing-based operation for a 100-year old sporting goods company.
  • Successful defense of a general partner of a New Hampshire limited partnership from a petition for dissolution brought by limited partners. More information
  • Successful defenses of mechanics lien claims for numerous real estate owners.
Representative Reported Cases
Professional
  • Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating: Massachusetts Super Lawyer, 2005, 2006.
  • Admitted: Massachusetts; United States District Court for the District of Massachusetts.
  • Fellow: Massachusetts Bar Foundation.
  • Member: Massachusetts Bar Association; Boston Bar Association.
Community Involvement
  • Volunteer attorney for Shelter Legal Services, Inc.
News
Brief Bio Print Email
Thomas S. Fitzpatrick
Shareholder
Executive Committee Member
direct 617.589.3865
fax 617.305.3165
tfitzpatrick@davismalm.com
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Practice Areas
Education
  • J.D., Northeastern University School of Law, 1990.
  • B.A., College of the Holy Cross, 1984.