Christopher G. FitzPatrick

Christopher G. FitzPatrick is Counsel in the Litigation Department at Smith, Gambrell & Russell, LLP.

His practice focuses on corporate counseling and litigation.

Mr. FitzPatrick has advised companies on a broad array of legal and regulatory issues arising from business operations, with specific concentration on FDA and FTC regulation of the medical device, pharmaceutical and consumer products industries.

Mr. FitzPatrick has led licensing and acquisition efforts from due diligence, risk assessment and FDA compliance phases through documentation. He has also successfully directed and resolved contract, class action and products liability litigation, Lanham Act false advertising cases, and other business disputes.

Prior to re-entering private practice in 2003, Mr. FitzPatrick had more than two decades of general counsel and corporate management experience. He held positions with Novartis Consumer Health Division, as senior vice president and general counsel; CIBA Vision Corporation, as global vice president and general counsel; and the New York City Department of Consumer Affairs, as deputy commissioner and general counsel.

He regularly represents victims of domestic violence to obtain Final Restraining Orders and was the recipient of the Legal Services of New Jersey Equal Justice Medal for pro bono contributions. Mr. FitzPatrick received his B.A. at New York University and his J.D. at the Catholic University of America, Columbus School of Law.

Mr. FitzPatrick is a member of the New York and New Jersey Bars.

Representative Experience

Achieved a complete defense victory for medical device manufacturer sued for fraud in the inducement and breach of contract in case involving technology licenses, acquisition, divestiture and supply agreements. AAA award included judgment on the counterclaim and attorney fees and expenses for the client.

Completed multiple asset purchase and license agreements for medical deviceclients, over the counter pharmaceutical clients and prescription pharmaceutical clients.

Obtained Summary Judgment in New York Supreme Court for a medical device manufacturer sued by a licensee for breach of contract and fraud in connection with a non-exclusive technology license agreement.

Successfully defended medical device and pharmaceutical company clients in multiple product liability lawsuits

Act as advertising counsel to marketers of OTC pharmaceutical products, assisting in effective challenges and company responses to challenges (network, NAD, etc.) to promotional claims for OTC brands.

Defended a medical device company against a charge of age discrimination by a sales representative, and obtained Summary Judgment in favor of the client in New York Federal Court.

Defeated a pharmaceutical company’s application for a TRO and Preliminary Injunction in New Jersey Superior Court alleging “inevitable disclosure,” misappropriation of trade secrets and unfair competition, among other theories. After losing on the TRO and PI Motions, plaintiff agreed to voluntarily dismiss the case against the client.

Publications

“Medical Devices and Preemption in New Jersey,” New Jersey Law Journal, December 2007.

“False Advertising Litigation: Hear The Train, Clear The Tracks,” Metropolitan Corporate Counsel, September 2005.