Barclay Damon
Barclay Damon

Anthony A. Scibelli

Anthony A. Scibelli

Partner

p: 617-274-2901

f: 617-722-6003

icon_email ascibelli@barclaydamon.com
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Boston Office

One Financial Center
Suite 1701
Boston, Massachusetts 02111

Tony Scibelli has 25 years of legal experience handling complex business and commercial litigation matters, and has significant experience representing media clients in public access and related disputes. Tony has represented corporate and individual clients in a variety of contexts, including complex shareholder litigation, securities litigation, employment litigation, media rights litigation, software licensing and warranty disputes, trade secret and non-competition litigation, business contract disputes, and real estate litigation.

Tony also has extensive experience counseling and representing shareholders in closely held corporations who find themselves embroiled in disputes with fellow shareholders. In this context, he has focused on finding creative and sensible solutions to difficult problems that either avoid or dispose of litigation. In all matters, Tony seeks to identify the practical goals of the client, and formulates common sense strategies aimed at achieving the clients’ objectives as efficiently as possible, often bypassing or curtailing litigation. Tony also advises companies with respect to employment practices and policies, and works with clients to facilitate compliance with applicable laws and regulations.

As part of his litigation practice, Tony has tried cases in Massachusetts district court and superior court, and in the Federal District Court for the District of Massachusetts, including jury trials. In addition, he has argued before the Massachusetts Court of Appeals and the United States Court of Appeals for the First Circuit.

Representative Experience

  • Represented the Seoul Metropolitan Government in an action brought in federal court by two plaintiffs, including a citizen of the Republic of Korea (ROK), seeking compensatory damages from several defendants for the taking of certain land in the ROK done in connection with sand and gravel extraction activities conducted by the United States Army under permit authority. Filed for dismissal under the Foreign Sovereign Immunities Act (FSIA), which governs jurisdiction over foreign states sued here in the courts of the United States, and obtained dismissal of all claims asserted against the Seoul Metropolitan Government, defeating arguments that certain exceptions under the FSIA warranted the exercise of jurisdiction.
  • Represented an advanced technology company and its board of directors sued in federal court by a private equity firm after the company declined to proceed with a proposed sale of its assets. Obtained dismissal of four of the five counts originally asserted against the Company and certain board members, after which the private equity firm moved to amend the Complaint to add another defendant to the case. After discovery ensued, potential investors in the putative transaction filed yet another lawsuit against certain board members, which was consolidated with the pending action. After intensive litigation, both actions and all claims asserted against the defendants were dismissed on summary judgment.
  • Represented a major national point of sale hardware and solutions provider in a trade secret action brought to address the misappropriation of the client's confidential and proprietary information by former employees. Obtained preliminary injunctive relief to recover the information taken, and later obtained permanent injunctive relief and damages. 
  • Represented a major news media corporation in a nationally publicized copyright and trademark infringement action against a prominent media organization arising from its use of headlines and ledes generated by the client’s journalists, overcoming a Fair Use defense and counterclaims to achieve a favorable resolution. 
  • Represented an accounting firm sued in a putative class action seeking over $500 million in damages for alleged violations of the Fair Credit Reporting Act. Obtained dismissal of all claims asserted against the client, and successfully defended dismissal on appeal to the First Circuit.
  • Represented a video and media technology company that was sued for failure to pay royalties due under a license agreement and for misappropriate arising from its alleged copying of the plaintiff’s software. After defending the client against preliminary injunctive relief, efficiently resolved the litigation by utilizing a third party neutral to assess alleged copying claims. 
  • Represented the inventor of a computer anti-virus detection method in an action for breach of license agreement against a leading anti-virus software manufacturer, which resulted in a favorable resolution after lengthy and hotly contested litigation.
  • Represented a client in state superior court who obtained a special permit and conservation approval to build a dock and pier. Successfully represented the client in a certiorari appeal preserving the validity of an order of conditions, and later represented the client at trial on a zoning appeal, which resulted in dismissal of the plaintiff's claims (allowing the client to proceed with the project).
  • Represented a mechanical subcontractor in multi-party litigation arising from plaintiffs’ claims that the defendants performed negligent work in construction of a condominium development.
  • Represented a life insurance company in actions brought to rescind policies due to fraud by the policy owner.
  • Represented a life insurance company in interpleader actions brought to resolve competing beneficiary claims.

Practice Areas

Education

  • Cornell Law School, J.D., Moot Court Finalist and Executive Bench Brief Editor on the Moot Court Board, 1990
  • Amherst College, B.A., cum laude, John Woodruff Simpson Fellow, 1987

Admitted To Practice

  • Massachusetts, 1990
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, 1st Circuit

Memberships & Affiliations

  • Boston Bar Association, Amicus Committee, Chair Person
  • Boston Bar Association - Former Co-Chair of the Civil Rights/Civil Liberties Section

Speaking & Publications

  • “Best Practices for Working with Experts in the State and Federal Court,” Boston Bar Association seminar, October 2008

Honors

  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Scibelli, Whiteley and Stanganelli, LLP, Founding Partner
  • Hale and Dorr, LLP, Partner
  • Middlesex County Special Assistant District Attorney
  • Swampscott Zoning Board of Appeals