Kenneth M. Fitzgerald

Top rated business litigation attorney in San Diego, California

Fitzgerald Knaier LLP
Kenneth M. Fitzgerald
Fitzgerald Knaier LLP

Practice Areas: Business litigation, General litigation, Intellectual property litigation

Licensed in California since: 1989

Education: University of California Los Angeles (UCLA) School of Law

Selected to Super Lawyers: 2007 - 2023

Fitzgerald Knaier LLP

402 W Broadway
Suite 1400
San Diego, CA 92101-8217 Visit website


Ken Fitzgerald is a partner with the Fitzgerald Knaier LLP law firm in San Diego, California. Recognized as a leading trial attorney, Mr. Fitzgerald focuses his practice primarily on complex commercial litigation and intellectual property disputes. Over a 30+ year career, he has achieved a long record of trial successes in state and federal courts.

Mr. Fitzgerald has handled a wide variety of matters, including business torts, contract disputes, securities litigation, antitrust litigation, franchise disputes, employment and ERISA issues, construction disputes, and more. Regarded as a leader in intellectual property law, he has also assisted hundreds of clients with the prosecution and defense of copyright and trademark infringement claims, trade secret misappropriation suits, and false advertising and unfair competition matters.

A 1984 graduate of Rice University, Mr. Fitzgerald attended the UCLA School of Law, where he obtained his Juris Doctor in 1989 and graduated Order of the Coif. While in law school, he served on the UCLA Law Review, and won the Distinguished Third Year Advocate award for the moot court program. Following his graduation from law school, Mr. Fitzgerald served as a law clerk to the Honorable Howard B. Turrentine, United States District Judge for the Southern District of California.  He then took a position at the international law firm of Latham & Watkins, where he practiced for roughly twenty years, becoming one of the firm's most experienced trial lawyers before leaving in 2010 to create a specialized, trial-oriented litigation boutique.

During his professional legal career, Mr. Fitzgerald has tried dozens of cases to verdict, and has served as a special assistant district attorney, broadening his extensive jury trial experience. A leader in his field, Mr. Fitzgerald has numerous publications to his credit, and he has conducted many lectures and seminars on a variety of legal topics related to intellectual property law and commercial litigation. He maintains active involvement in his legal community, participating in the intellectual property law sections of the American Bar Association and The State Bar of California as well as the San Diego County Bar Association. He has also served multiple terms on the Board of Governors of the Association of Business Trial Lawyers San Diego chapter.

Recognized for his impeccable professionalism and exceptional legal abilities, Mr. Fitzgerald has earned repeated listings from The Best Lawyers in America in commercial litigation and intellectual property litigation, and he won the organization's Intellectual Property Lawyer of the Year award in 2015. The San Diego Business Journal voted him among the Best of the Bar in 2014, 2015 and 2017, and the San Diego Transcript has named him a Top Attorney for intellectual property and corporate litigation for several years.

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Practice areas

Business litigation, General litigation, Intellectual property litigation
  • 40% Business litigation
  • 30% General litigation
  • 30% Intellectual property litigation

First Admitted: 1989, California

Professional Webpage:

Bar/Professional Activity:
  • Governing Member of the Chicago Symphony Orchestra Association
  • San Diego Bar Association's Committee for Civility, Integrity & Professionalism
  • California Bar, Litigation and Intellectual Property Law Sections
  • Advisory Board the Shepherd Society
  • Board of Governors of the Association of Business Trial Lawyers, San Diego Chapter
  • San Diego County Bar Association
  • American Bar Association, Intellectual Property Law Section
Scholarly Lectures/Writings:
  • UCLA Law Review
  • The Rebirth of the Originality Requirement in Copyright Law, ABTL San Diego Report (Apr. 2004)
  • Humor and the Law of Libel: Serious Protections for Attacks Made in Jest, 40 Fed. Comm. Law Journal 377 (1988)
  • E-mail and Smoking Guns in Cyberspace, ABTL San Diego Report (Nov. 1998)
  • Inevitable Disclosure Doctrine Adopted in California, ABTL San Diego Report (Feb. 2000)
  • Inevitable Disclosure Doctrine Rejected in California, ABTL San Diego Report (Apr. 2003)
  • Lawyers Beware: Deciding Your Adversary's Privilege Issue is Risky, ABTL San Diego Report(Summer 2017)
  • Stevenson v. CB Richard Ellis: The California Court of Appeal Expands the Tort of Interference with Prospective Economic Advantage, ABTL San Diego Report (Summer 2006)
  • CEB California, Advanced Course of Study, Intellectual Property Litigation (Oct. 9, 1999)
  • San Diego County Bar Association, "The 4.0 Million Dollar E-Mail - How to Effectively Utilize Discovery of Electronic Media in the Prosecution or Defense of Your Case" (Jun. 2, 1999)
  • CEB California, Fundamental of Business Practices Litigation (Sep. 22, 2000)
  • San Diego County Bar Association, Joseph J. Wheeler Seminar on Civility, Integrity & Professionalism (Nov. 20, 2008)
  • Association of Business Trial Lawyers of San Diego and the San Diego County Bar Association, "Masters of the Art: A Trial Skills Seminar" (Oct. 25, 2008)
  • Association of Business Trial Lawyers Annual Seminar, "Watch the Masters: See How Closing Arguments and Witness Examinations Come Alive With the Use of Technology" (Oct. 23, 2010)
  • You Must Always Keep a Secret, The Attorney's Continuing Obligation of Confidentiality, ABTL San Diego Report (Winter 2016)
  • Association of Business Trial Lawyers Annual Seminar "The Technology Enigma - A 21st Century Trial" (Oct. 8, 2016)
  • Order of the Coif, University of California
  • Top Attorney, Intellectual Property, San Diego Daily Transcript, 2013, 2009, 2008
  • Top Attorney, Corporate Litigation, San Diego Daily Transcript, 2013, 2010, 2008, 2006
  • Best of the Bar, San Diego Business Journal, 2017, 2015, 2014
  • Best Lawyers in America, Commercial Litigation, 2010-2019
  • Best Lawyers in America, Intellectual Property Litigation, 2012-2019
  • Best Lawyers in America, San Diego Litigation – Intellectual Property Lawyer of the Year, 2015
  • San Diego Super Lawyers, Top Attorney in San Diego, 2018, 2017 ,2013, 2012, 2011, 2009, 2008, 2007
  • San Diego Super Lawyers, Top 50 San Diego Attorneys, 2015-2018, 2012, 2009, 2007
  • San Diego Super Lawyers, Top 10 San Diego Attorneys, 2014, 2013, 2011
Educational Background:
  • Rice University, B.A., 1984
  • Harcourt Brace Jovanovich Legal & Professional Publications v. Multistate Legal Studies, 26 F.3d 948 (9th Cir. 1994)
  • Pisciotta v. Teledyne Industries, 91 F.3d 1326 (9th Cir. 1996)
  • Lyons Partnership v. Giannoulas, 14 F. Supp. 2d 947 (N.D. Tex. 1998)
  • Chaset v. Fleer/Skybox Int'l., 300 F.3d 1083 (9th Cir. 2002)
  • Orion Communications, Inc. v. Superior Court, 226 Cal. App. 4th 152 (2014)
  • Lyons Partnership v. Giannoulas, 179 F.3d 384 (5th Cir. 1999)
  • Valley Engineers v. Electric Engineering Co., 158 F.3d 1051 (9th Cir. 1998)

Office location for Kenneth M. Fitzgerald

402 W Broadway
Suite 1400
San Diego, CA 92101-8217

Phone: 619-241-4809

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