David A. Fitzgerald is a civil litigator and a business attorney. He has practiced law for about 20 years and is now a principal with Titus Brueckner Spitler & Shelts 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.
David represents plaintiffs and defendants in state and federal court, and has advocated in the Arizona Superior Court, the Arizona Court of Appeals, the U.S. District Court for the District of Arizona, the U.S. Court of Appeals for the Ninth Circuit, 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.
David successfully defended against all claims brought against his client in an action concerning a failed real estate transaction where the plaintiff was seeking in excess of $1,000,000 in damages. David obtained a dismissal, with prejudice, of certain of the claims upon motion, and obtained a directed verdict on the remainder of the claims during a jury trial. David also obtained an award of attorneys’ fees in favor of his client.
David successfully prosecuted fraud, conversion and other claims against multiple defendants in a case involving an investment in a limited liability company. David obtained summary judgment in favor of his clients, and they were awarded $250,000 in damages, plus prejudgment interest and other relief.
David successfully pursued securities fraud and other claims concerning real estate financing transactions against multiple defendants, inside and outside of bankruptcy. David positioned the case so as to obtain separate non-dischargeable judgments in excess of $200,000 against certain of the defendants. He also obtained default judgments against the remaining defendants.
David is a member of the Scottsdale Bar Association. David has also presented before the Real Property and Securities Sections of the State Bar of Arizona organization.
David served as an adjunct professor at Arizona State University, Sandra Day O’Connor College of Law, where he taught a course on Articles 2 and 2A of the Uniform Commercial Code.
David served as an officer in the United States Army Reserve, where he was promoted to the rank of Captain.
David is a past director of the Scottsdale/Paradise Valley YMCA, the Grayhawk Community Association and the Perimeter Owners’ Association.
J.D., with honors, University of Connecticut School of Law, 1998. David was the recipient of CALI awards in commercial law, business organizations, and federal taxation. He was the American Bankruptcy Law Institute medalist. He also was a notes and comments editor of the Connecticut Law Review, and published Allen v. Lloyds of London, a Comment on Forum Selection.
B.S. in Management, Tulane University, A.B. Freeman School of Business, 1988. David was a recipient of an ROTC Scholarship. He was also a member of Beta Alpha Psi, an accounting honor society, and made the Dean’s List.
State Bar of Arizona, 2001
United States District Court, District of Arizona, 2001
United States Court of Appeals for the Ninth Circuit, 2016