David A. Fitzgerald is a civil litigator and a business attorney.  He has practiced law for over 13 years and is now a principal with Titus Brueckner & Levine PLC.  David previously practiced in the business law and institutional finance departments of Day Berry & Howard LLP, now known as Day Pitney LLP, a Connecticut-based firm.  Before becoming an attorney, David was a vice president and chief financial officer of a closely held business, a vice president of a publicly traded company, and a senior auditor and financial consultant with an international accounting firm. 

Practice

David represents plaintiffs and defendants in state and federal court, and has advocated in the Arizona Superior Court, the Arizona Court of Appeals, U.S. District Court for the District of Arizona, and the U.S. Bankruptcy Court for the District of Arizona.  David has prosecuted and defended a variety of claims and causes of action, including:

·         Fraud, conversion, negligence, breach of fiduciary duty and other torts;

·         Securities 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 counsels and advises 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.