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.
- Represented a real estate acquisition and development company that was sued in the state business litigation session by a tenants’ association over the company’s alleged failure to convey a 200 unit complex in Boston’s Chinatown neighborhood in accordance with the terms of an option to purchase. The tenants’ association alleged that it properly complied with the purchase option terms, and that it was entitled to purchase the property at a value that was approximately $20 million less than the value set by an independent appraiser. The company argued that the tenants’ association failed to comply with the option terms, and was not entitled to purchase the property. After intensive litigation, successfully obtained dismissal of all claims asserted against the company and the company retained ownership of the residential complex.
- Represented a major national medical devices manufacturer sued in the state court business litigation session for alleged trade secret violations and obtained a favorable resolution of all claims.
- 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.
- 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
- Massachusetts, 1990
- U.S. District Court, District of Massachusetts
- U.S. Court of Appeals, 1st Circuit
- Boston Bar Association - Executive Committee and Council, Member
- Boston Bar Association - Amicus Committee, Former Chair Person and Co-Chair, and Current Member
- Boston Bar Association - Former Co-Chair of the Civil Rights/Civil Liberties Section
- North Shore Community Mediation Center – Active Mediator
- “Best Practices for Working with Experts in the State and Federal Court,” Boston Bar Association seminar, October 2008
- Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
- Selected by Peer Review for Inclusion in Super Lawyer Directory 2016-2017 for Business Litigation
- Hiscock & Barclay, LLP, Partner
- Scibelli, Whiteley and Stanganelli, LLP, Founding Partner
- Hale and Dorr, LLP, Junior Partner
- Middlesex County Special Assistant District Attorney
- Swampscott Zoning Board of Appeals