

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
- Clean Harbors, Inc. v. John Hancock Life Ins. Co., 64 Mass. App. Ct. 347, rev. denied, 445 Mass. 1105 (2005) - Concerning the enforcement of a liquidated damages provision of a securities purchase agreement and compliance with the Massachusetts usury statute.
- Lattuca v. Robsham, 442 Mass. 205 (2004) - Represented plaintiff Trustee in claim against an agent and lender to the trust who had used access as lender to facilitate diversion of trust assets to himself. Trial court found that agent/lender had violated fiduciary duty and the covenant of good faith and fair dealing. Supreme Judicial Court affirmed the decision.
- V.S. Haseotes & Son, L.P. v. Haseotes, 819 A.2d 1281 (R.I. 2003) - Represented a partner of a real estate partnership that prevailed in upholding a favorable arbitration award. The case established standards necessary to set aside an arbitration award on the grounds of arbitrator bias.
- Demoulas v. Demoulas, 57 Mass. App. Ct. 456 (2003) - Concerning the methodology and principles applicable to tax deductions in the context of a disgorgement remedy.
- Demoulas v. Demoulas, 432 Mass. 43, 732 N.E.2d 875 (2000) - Concerning bona fide purchaser status, judicial recusal and the taxation of costs.
- Demoulas v. Demoulas, 428 Mass. 555 (1998) - Concerning numerous issues, including the burden of proof for purported bona fide purchasers, use of "fair value" of minority shareholder's stock in a breach of fiduciary duty action, and rescission of stock sales
accomplished through breaches of fiduciary duty.
- Arthur S. Demoulas v. Demoulas Super Markets, Inc., 428 Mass.
543 (1998) - Concerning judicial recusal.
- Arthur S. Demoulas v. Demoulas Super Markets, Inc., & others,
424 Mass. 501 (1997) - Establishing numerous important
principles of law in the areas of shareholder derivative litigation, corporate
fiduciary duty, and limitations of actions.
- Kettenbach v. Demoulas, 901 F. Supp. 486 (D. Mass. 1995) - Concerning “newly discovered evidence” as grounds for granting a new trial and the admissibility of the statements of a co-conspirator.
Professional
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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
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Thomas S. Fitzpatrick
Shareholder
Executive Committee Member
direct 617.589.3865
fax 617.305.3165
Practice Areas
Education
- J.D., Northeastern University School of Law, 1990.
- B.A., College of the Holy Cross, 1984.
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