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Steven S. Fitzgerald, Partner

Litigation & Dispute Resolution Group

Litigation and Dispute Resolution Group

sfitzgerald@wmd-law.com

Steve Fitzgerald represents clients in complex commercial disputes, including securities and distressed debt litigation, and breach of contract actions. Since joining the firm in 2011, he has worked on cases involving billions of dollars of financial-fraud claims, achieving successful resolutions for a number of the Firm’s clients.

Among other pending matters, Steve is currently representing (i) a subsidiary of EssilorLuxottica in litigation against a large bank arising out of more than $270 million of fraudulent wire transfers, (ii) the administrative agent of a defaulted junior mezzanine loan facility relating to the American Dream Mall in East Rutherford New Jersey, and (iii) institutional investors in an action filed against General Electric Company in an appeal pending in the United States Court of Appeals for the Second Circuit.

Steve has consistently been listed as a “Superlawyer” in the New York Super Lawyer® for 2015-2022.

Illustrative Professional Experience

  • Represented The Western and Southern Life Insurance Company and other institutional investors in cases against the sponsors and underwriters of residential mortgage-backed securities. These actions involved billions in claims of damages and were resolved through settlement at various stages prior to trial.
  • § Represented Intellipharmaceutics International, Inc. in an action filed against it in the Southern District of New York asserting claims under the Securities Act of 1933. Obtained summary judgment in favor of Intellipharmaceutics.
  • Represented Touchstone Strategic Trust and the Western & Southern Financial Group in action against Tesco PLC alleging securities fraud in the connection with the sale of Tesco sponsored American Depositary Receipts. The action was resolved through settlement.
  • Obtained summary judgment for secured lender in connection with dispute of residential real estate development.

Steve’s experience prior to joining WMD in March 2011 includes:

  • Representation of retailer and a private equity firm in shareholder class action resulting in a favorable settlement for the clients.
  • Representation of agent for $8 billion senior credit facility in four-week trial in bankruptcy of Charter Communications, Inc.
  • Successful defense of a major life insurance company in arbitration seeking rescission of a billion-dollar acquisition through reinsurance of a block of disability insurance policies.
  • Represent group of lenders in multi-district litigation dispute under credit agreement for the failed Fontainebleau Las Vegas casino project.

EDUCATION

J.D. degree from St. John’s University School of Law, cum laude. B.A. degree from American University.

CLERKSHIP

Law Clerk, Hon. William C. Conner, U.S. District Court, Southern District of New York (2003-2004)

*Information regarding the selection process undertaken by Super Lawyers can be found here.