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Profile
Mr. Scibelli 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, public utilities litigation, trade secret and non-competition litigation, business contract disputes, commercial banking cases, commercial evictions, federal appellate work, and real estate litigation.
Mr. Scibelli 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, Mr. Scibelli has argued before the United States Court of Appeals for the First Circuit. Mr. Scibelli has also advised companies with respect to employment practice and policies.
Areas of Practice
Representative Clients / Matters
- 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 a video and media technology company that was sued for failure to pay royalties due under a license agreement and for misappropriation 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 two reporters of a regional newspaper who were issued subpoenas to testify at trial and reveal confidential sources, which they ultimately were not required to disclose.
- Represented a regional newspaper in a successful effort to gain public access to a domestic abuse restraining order hearing that involved a deputy chief of police.
- 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 the majority shareholder and officer of a closely held real estate corporation in litigation brought by a minority shareholder for breach of fiduciary duty, unfair competition, and related claims, where the minority sought to replace the client with outside management. The matter culminated in a three week trial in state superior court, after which the client retained operational control of the company.
- Represented the operators of a small airport in intensive litigation arising from efforts of abutters to shut down the airport. Successfully obtained injunctive relief requiring abutters to remove obstacles blocking runway and flight path access, and successfully defended against a preliminary injunction request brought by abutters to prevent airport operations.
Publications / Speaking
- “Best Practices for Working with Experts in the State and Federal Court,” Boston Bar Association seminar, October 2008
Admitted to Practice
- Massachusetts
- US District Court, District of Massachusetts
- US Court of Appeals, 1st Circuit
Education
- Cornell Law School, J.D., 1990; Moot Court Finalist and Executive Bench Brief Editor on the Moot Court Board
- Amherst College, B.S., 1987, cum laude, John Woodruff Simpson Fellow
Professional Affiliations
Prior Experience
- Scibelli, Whiteley and Stanganelli, LLP, Founding Partner
- Hale and Dorr, LLP, Partner
- Middlesex County Special Assistant District Attorney
Office Location
One International Place ~ 26th Floor
Boston, New York 02110
Office Phone: 617.274.2900
Office Fax: 617.722.6003
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