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Fitzpatrick, Robert F.

Name:Fitzpatrick, Robert F.
Practice In: Business Law ,Corporate ,Estate ,Government ,International ,Real Estate
Law Firm: Wilmer Cutler Pickering Hale and Dorr LLP
Location:60 State Street
Boston, MA 02109
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Fax: +1 617 526 5000
http://www.wilmerhale.com
 

Maurice is a partner in the Directors and Officers Practice Group. He regularly advises domestic and foreign insurance companies in complex coverage matters under major professional liability lines, including directors and officers, bankers and financial professional liability, errors and omissions and fiduciary liability. Maurice has significant involvement with respect to some of the decades' largest scandals involving directors and officers and financial and professional insurance, including Enron, Worldcom, Adelphia, Tyco, IPO Laddering, Subprime/Credit Crisis-Related Litigation, Madoff-Related Litigation, and Options Backdating-Related litigation. He also represents professional liability insurers in mediations and arbitrations, and in coverage litigation before state and federal courts across the country.

Maurice works with insurance company clients on developing new insurance products, and advises corporate clients on structuring their insurance programs at renewal or in the context of M&A activity.

Maurice received his B.A. from Binghamton University in 1997 and his J.D. from Boston University School of Law in 2000. Licensed to practice in New York and New Jersey, Maurice is admitted to appear before the United States District Court for the Southern District of New York and the United States District Court for the Eastern District of New York. He is also a member of the Professional Liability Underwriting Society.

Notable Experience

  • Regularly represents insurers' interests in connection with resolution of complex securities claims through litigation and alternative dispute resolution procedures.
  • Has successfully negotiated numerous policy settlements in connection with Claims noticed under directors and officers liability policies.
  • Obtained summary judgment for an insurance company that denied coverage for a portion of a multi-million dollar regulatory settlement that was labeled as disgorgement.
  • Defended insurance companies in coverage actions brought by financial institutions seeking coverage for their settlements of the Enron and WorldCom securities class actions.
  • Was an integral part of the lead counsel team that represented the lead plaintiff in the first ever securities class action brought by shareholders of a Turkish company trading on the New York Stock Exchange, resulting in a settlement of over $19 million.

Recent Speaking Engagements and Publications

  • Guest Post: Judge Rakoff Again Criticizes SEC Settlements, How Will D&O Insurers Respond? 
  • "Life After Morrison: What are the Risks to European D&O Insurers from U.S. Shareholder Class Actions and Derivative Litigation?" 5th Annual European Forum on D&O Liability Insurance, September 29-30, 2010, Cologne, Germany.
  • "Addressing Coverage For SLC-Incurred Legal Costs," co-author, Law360, January 28, 2010.
  • "It's 2010: Do You Know Where Your D&O Policy Is?" co-author, SEC Trends and Developments, January 2010.
  • "D&O Update: Court Addresses Coverage for Legal Costs Incurred by a Special Litigation Committee," co-author, Edwards Angell Palmer & Dodge Client Advisory, January 2010.
  • "Establishing the Foundation: Reviewing the Insurance Contract," speaker, National Business Institute, September 23, 2009.
  • "Madoff's legacy of lawsuits and claims," quoted, Business Insurance, July 5, 2009.
  • "How Bailouts Could Impact D&O and E&O," co-author, Runoff and Restructuring Magazine, Issue 18, Spring 2009.
  • "Subprime woes shift claim focus to aggregation," co-author, Business Insurance, February 23, 2009.
  • "The New York Insurance Department Will No Longer Approve D&O Policies Lacking "Duty-to-Defend" Coverage Feature," co-author, Edwards Angell Palmer & Dodge Client Advisory, December 2008.
  • "D&O and E&O Liability and Coverage Issues Resulting From Subprime Claims," co-author, Insurance Advocate, October 20, 2008.
    Insurance and Reinsurance Issues Resulting from Subprime Claims," co-author, Who's Who Legal, October 2008.
  • "D&O and E&O Liability and Coverage Issues Resulting From Subprime Claims," co-author, International Law Office (online), July 2008.
  • "Subprime, Securities Class Actions, Auction Rate Securities, Hedge Funds and Beyond," speaker, New York, June 2008.
  • "Hot Issues in D&O Claims: Subprime and Beyond," speaker, New York, May 2008.
  • "Insured's Breach of Consent Provisions Precludes Coverage for Settlement," co-author, Advisen (online), March 2008.
  • "Trends in Securities Class Actions: Is the Lull Over?" speaker, New York, December 2007.
  • "U.S. Exposure: The Protection Offered by Side-A DIC Policies," speaker, Madrid, Spain and Paris, France, September 2007.
  • "The Stock Options Backdating Scandal - D&O Implications," co-author, Mealey's Litigation Report, August 2007.
  • "The Stock Options Backdating Scandal: D&O Implications," co-author, Risk Management Magazine, June 2007.
  • "Directors and Officers Liability Insurance," speaker, Hamilton, Bermuda, April 23, 2007.
  • "Hot Topics in D&O Claims Handling and Coverage," co-author, Association of the Bar of the City of New York, June 8, 2006.
  • "An Overview of Selected Director and Officer Liability Insurance Issues That Arise in the Context of Insolvencies of Insurance Companies," co-author, Insolvency Workshop, International Association of Insurance Receivers, February 1, 2006.
  • "The Accident of Efficiency: Foreign Exchanges, American Depository Receipts, and Space Arbitrage," co-author, 51 Buff. L. Rev. 383 (Spring 2003).

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