photo of Thomas Fitzpatrick

Thomas S. Fitzpatrick

phone: 617-589-3865 / fax: 617-523-6215
Download vCard
Print Bio
Share this Bio

Tom is a trial lawyer focusing primarily on business, corporate and commercial litigation. He has considerable experience in all types of business disputes, including litigation and arbitration in corporate, real estate, construction and shareholder cases. Tom is committed to servicing his clients efficiently and effectively, and to always making them his first, second and third priorities.

Tom started his legal career at Davis Malm as a litigation associate in 1990. He also served as firm president from 2009-2014.

  • Obtained dismissal of employment-related federal civil rights claims brought against a Boston Police Department Captain and the Department’s legal counsel by a police detective. The court found that the plaintiff brought his claims after the statute of limitations had expired, rejecting his argument that the delay was legally justifiable.
  • Successfully represented the City of Boston and the Boston Police Department in an arbitration concerning contract interpretation of a critical collective bargaining agreement.
  • Successfully defended a Massachusetts municipality and its police department in a labor arbitration initiated by a police sergeant and his union. The sergeant was suspended for 40 days for neglect of duty and other departmental rules and regulations violations regarding a rape investigation. After an evidentiary hearing, the arbitrator found that the sergeant violated the department’s rules and regulations and there was just cause for the suspension.
  • Won a summary judgment dismissal of a $20 million shareholder derivative claim against the chief executive officer and majority shareholder of a privately held corporation.
  • Secured a seven-figure, pre-trial settlement for two investor plaintiffs in a securities fraud litigation.
  • Successfully represented minority shareholders in an action for declaratory judgment, which permitted them to sell or otherwise dispose of their shares in any manner they see fit. The Supreme Judicial Court upheld the Superior Court’s decision that the shareholders owed no fiduciary duty to the corporation or their co-shareholders, as the issue was specifically governed by the articles of organization.
  • 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. Read more.
  • Successful prosecution of an action brought by an intestate estate to recover funds from a former administratrix of the estate. Read more.
  • 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. Read more.
  • 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. Read more.
  • Successful defense of a general partner of a New Hampshire limited partnership from a petition for dissolution brought by limited partners. Read more.


  • Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating
  • Massachusetts Super Lawyers, 2005-2006, 2011-2020 (Top 100 Massachusetts Super Lawyers, 2017-2018).


  • Massachusetts
  • United States District Court for the District of Massachusetts


  • Litigation Counsel of America
  • Massachusetts Bar Foundation


  • Massachusetts Bar Association
  • Boston Bar Association
  • International Lawyers Network

In his free time, Tom can be found serving on the board of a charitable private foundation, reading a good book or spending time with his family and friends. He’s also a staunch sports fan and enjoys cheering on the Bruins and the Northeastern University hockey team.

News & Insights

Business Torts in Massachusetts, editor and contributing author

Year-in-Review: Top 10 Cases, co-chair at MCLE 15th Annual Business Litigation Conference

Many Area Law Firms Are Resisting the Urge to Merge, quoted in the Boston Business Journal

Look Before You Leap: Critical Pre-Suit Considerations in Private Corporations Litigation, presenter at MCLE New England Business Litigation 2012 conference

Pay Dirt: Recycler Undeterred in Fight vs. Major Trash Hauler, featured in Massachusetts Lawyers Weekly

Scroll to Top