Jonathan W. Fitch

Jonathan W. Fitch (Boston, Massachusetts)

Jonathan W. Fitch

Attorney in Boston, MA
Clients come back to us, again and again, placing their trust in our ability to resolve difficult and urgent problems. We know that the successful resolution of a dispute requires more than the mastery of the facts and applicable law. It is essential to appreciate the intricacies of a client's perspective and what he or she truly requires to come out on top.

Jonathan W. Fitch, managing partner, has over 30 years of experience representing clients in complex domestic and international business disputes involving: international commercial agreements; intellectual property; technology license agreements; trademark and patent agreements; supply agreements; executive employment contracts; non-competition agreements; non-disclosure agreements; fiduciary duties; securities; commercial leases; commercial loan and mortgage agreements; construction contracts; coverage under policies of insurance; professional liability; interests in general and limited partnerships, closely held corporations and hedge funds; internal investigations; environmental contamination; fraud; fraudulent transfer; unfair or deceptive trade practices; unfair competition; product liability; and business torts.

Massachusetts Lawyers Weekly named Mr. Fitch as a Lawyer of the Year 2009. In 2011 and 2012, Mr. Fitch was named a Top 100 Massachusetts Super Lawyer in a list published by the Thomson Reuters rating service in Boston Magazine. He is listed in The Best Lawyers in America, 2015. Mr. Fitch has been named a Massachusetts Super Lawyer annually since 2004, has been ranked at the highest level of legal ability, AV Preeminent, by the Martindale-Hubbell Law Directory since 1984, and receives the rating of Superb Attorney by Avvo.

Mr. Fitch has tried many jury and bench trials in the federal and state courts of the Commonwealth. He has extensive experience as well as an advocate for clients in domestic and international arbitrations. Mr. Fitch has successfully used the process of mediation for resolving scores of cases that began in the courts or in arbitration. In recent engagements, Mr. Fitch:

- reached a multi-million dollar settlement for our clients who were minority investors in a hedge fund company. The case settled after a jury trial had begun.

- obtained a settlement of $18, 250, 000 for our client Kington Holdings Limited. Mr. Fitch had previously won a partial final award of liability on behalf of Kington in proceedings before an Arbitrator appointed by the International Centre for Dispute Resolution (the ICDR). The Arbitrator found that LoJack Equipment Ireland, Ltd. wrongfully terminated an agreement with Kington pursuant to which Kington was granted an exclusive right to create and operate a LoJack stolen vehicle recovery system in the People's Republic of China. The settlement was reached before the damages phase of the arbitration commenced.

-in three other ICDR arbitrations, reached favorable settlements: for the CEO of a London-based international investment company; for the owner of a wind turbine with UCC claims against the manufacturer based in the Netherlands; and for a Brazilian technology services company in a dispute with its American supplier under a long term technology supply, patent and licensing agreement;

- won a summary judgment award - affirmed on appeal- of $2, 943, 320 for the firm's client, a museum, against its former president, who had stolen assets of the museum by means of a sophisticated, fraudulent scheme.

- obtained a jury verdict on multiple counts in Middlesex Superior Court on behalf of individuals who had been defrauded in the purchase of a home. Judgments against all defendants exceeded $4, 000, 000.

- in mediation, successfully settled a multi-faceted estate dispute involving over $20 million in assets held in trusts, limited partnerships and a corporation in Central America.

- represented the interests of a Swedish Credit Union in a RICO action pending in federal court in Florida.

- won a temporary restraining order in federal court, which led to an outstanding settlement for our client, an FX trading company. The client recovered the full extent of its liquidated damages under a software license agreement with the defendant Massachusetts technology company.

Mr. Fitch's international practice focuses on counseling, negotiation, litigation, mediation and arbitration for corporate clients in the People's Republic of China, Hong Kong, Colombia, Brazil, Panama, Ecuador, Venezuela, Chile, the UK, France, Germany, Belgium, Sweden, Israel, Dubai and South Africa with respect to a variety of commercial contract and other business issues.

Mr. Fitch also sits as an arbitrator in both domestic and international matters. As an arbitrator, Mr. Fitch has sat on a number of multi-million dollar claims involving, for instance, exclusive technology supply and service agreements, at-will employment, proprietary information, invention assignment, non-solicit and non-compete agreements. He was chair of a panel in a close corporation matter involving valuation of a 50% shareholder interest, terms of buyout, and fiduciary duty, freeze-out, waste and derivative claims. He has also acted as sole arbitrator in an ICDR case involving a securities purchase agreement between US investors and a corporation located in China. He is a Member of the Panel of Arbitrators of the American Arbitration Association and of the International Centre for Dispute Resolution .

The institutional clients Mr. Fitch has appeared for include Airgas Corporation, Tracker do Brasil LTDA (Brazil), VSR Group (Latin America, Asia and Europe), The Stop & Shop Supermarket Company, Fluent Trading Technologies Ltd., Federal Deposit Insurance Corporation, Massachusetts Electric Company, Boston Edison Company, Blue Cross and Blue Shield of Massachusetts, Education Development Center, Inc., Parexel International Corporation, Kington Holdings Ltd. (Hong Kong), J. Baker, Inc., Lycos, Inc., Independence Seaport Museum, Nantucket Conservation Foundation, Sankaty Head Golf and Beach Club, Inc. and the Massachusetts Horticultural Society.

Mr. Fitch is the author of The Limitations on American-Style Discovery in International Arbitration in Strategies in International Arbitration (Aspatore, Thomson Reuters 2012), Foreign Judgments Law Due for Update, Massachusetts Lawyers Weekly, 41 MLW 159, 2012, and The Enforcement of Foreign Money Judgments in Massachusetts, 81 Mass. Law Review 65 (1996). He is a fellow of the American Bar Foundation. He lectures at local law schools on career paths for lawyers and alternative dispute resolution topics.

Mr. Fitch's reported appellate decisions run the gamut of complex civil matters; examples are Latino PAC, Inc. v. City of Boston, 716 F.2d 68 (1st Cir. 1983), stay denied, 463 U.S. 1319 (1983), (election enjoined because districts violated one person, one vote), Heghnian v. Parexel International Corp., 2003 WL 25586579 (1st Cir. 2003)(upholding dismissal of employment discrimination claims), FDIC v. Elio, 39 F.3d 1239 (1st Cir. 1994) (appointment of trustee in fraudulent conveyance), McCord v. Jet Spray International Corp., 874 F.Supp. 436 (1994)(enforcement of foreign judgment), Batischev v. Cote, 81 Mass. App. Ct. 1103 (2011) (Chapter 93A award affirmed) Conte v. Marine Lumber Co., Inc., 66 Mass. App. Ct. 505 (2006), Rev. Denied, 447 Mass. 1109 (Sept. 11, 2006)(claims of estoppel by deed and adverse possession defeated) and Poddell v. Lahn, 38 Mass. App. Ct. 688 (1995) (methodology for determining common area allocations).

Jonathan W. Fitch co-founded the firm in 1984 after beginning his career as a trial lawyer at Bingham, Dana & Gould. Mr. Fitch is a graduate of Williams College, (B.A., cum laude, 1974), Yale University, (M.P.P.M., 1978) and Boston College Law School, (J.D., 1982). He is admitted to practice in State and Federal Courts of Massachusetts and Rhode Island, the First Circuit Court of Appeals and the United States Supreme Court.

617-542-5542 617-542-5542
Credit Cards Accepted

Areas of Law

Areas of Law
  • Complex Business Litigation
  • Close Corporation Disputes
  • International Arbitration
  • International Litigation
  • Arbitrator for International Centre for Dispute Resolution and American Arbitration Association
  • International Technology and License Agreement Disputes
Ratings

Overall Client Rating

in Alternative Dispute Resolution
 
5.0 out of 5.0
Communication Ability
5.0
Responsiveness
5.0
Quality of Service
5.0
Value for Money
5.0
  • Data based on 1 reviews
  • Recommended by 1 Client(s)
  • Last reviewed on 11/12/09
Posted by a Corporation on 11/12/09
5.0 out of 5.0
Mr. Fitch recently represented our company in a complex international arbitration case involving the unlawful termination of a license agreement by a listed USA corporation. This recently settled and included a multi-million dollar payment to us. In the arbitration Mr. Fitch faced other top international arbitration lawyers and walked all over them. The result shows just how good he is.
We unreservedly recommend the services of Sally & Fitch LLP, and especially Jonathan Fitch.

Overall Peer Rating

 
5.0 out of 5.0
  • Meets very high criteria of general ethical standards
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Experience & Credentials

Firm Details
Position
Managing Partner
Admission Details
Admitted in 1982, Massachusetts
1995, Rhode Island
First Circuit Court of Appeals
United States Supreme Court
Credit Cards Accepted
Additional Payment Information
Fixed Hourly Rates
Fixed Fees Available
Law School Attended
Boston College Law School, Boston, Massachusetts
Class of 1982
J.D.
University Attended
Williams College
Class of 1974
B.A.
cum laude

Yale University
Class of 1978
M.P.P.M.
Birth Information
Born in 1952
Akron, Ohio, September 18, 1952

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Contact Information

Contact Information
Firm Address
Sally & Fitch LLP
One Beacon Street, 16th Floor,
Boston, MA 02108
U.S.A.
Phone
617-542-5542
Fax
617-542-1542
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Office Information
Office Information
Jonathan W. Fitch
Managing Partner
Sally & Fitch LLP
One Beacon Street, 16th Floor,
Boston, MA 02108

Maintains an office in multiple locations
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Sally & Fitch LLP (Boston, Massachusetts)