[2] He earned an Artium Baccalaureus from Harvard College in 1981 and a Juris Doctor from the University of California, Berkeley School of Law in 1985.

[3] From 1985 to 1986, Fitzgerald served as a law clerk for Judge Irving Kaufman of the United States Court of Appeals for the Second Circuit.

[3] Fitzgerald worked at Heller, Ehrman, White & McAuliffe from 1991 to 1995 and at the law offices of Robert L. Corbin from 1995 to 1998.

[4] Fitzgerald is the fourth openly gay candidate nominated by Obama to a federal judgeship, after Edward DuMont, J. Paul Oetken, and Alison J.

[5] In February 2018, Fitzgerald's ruling in Sean Hall and Nathan Butler's copyright lawsuit against Taylor Swift received international attention.