Anthony Panebianco

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Anthony T. Panebianco

phone: 617-589-3829
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PRACTICE & FOCUS AREA

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Anthony is a commercial business and real estate litigator with a focus on land use litigation, permitting and employment litigation. He further advises on transactional aspects of condominium law, including governance, development, and dispute resolution. Providing a dual perspective, Anthony acts as general counsel to several regional companies, counseling on their day-to-day matters and representing them in complex transactions.

Anthony strives to provide efficient, innovative and impactful solutions to his clients. His practical and strategic approach has contributed to the long-term growth and success of many clients, some of whom he has represented for over a decade. Recognizing that every client has unique needs and goals, Anthony tailors his strategies to address their specific challenges and priorities.

RESULTS

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  • Negotiated specific performance lawsuit settlement on behalf of buyer for multi-million dollar commercial property at the Offer to Purchase price and secured financing for improvements.
  • Obtained Summary Judgement in favor of clients in first impression case regarding proprietors’ rights on a private way.
  • Received a rare reversal from the US Patent and Trademark Office, withdrawing its refusal of our client’s trademark application. Our client, a local clothing and jewelry company, was refused a trademark after the USPTO determined that the marks were likely to cause confusion with an existing mark issued to a major corporation. We appealed and our legal arguments successfully convinced the USPTO to withdraw their refusal.
  • Secured Decisions from Courts in New York and Massachusetts Probate Courts affirming rightful heirs for multi-million-dollar estate in complex and contested lineage lawsuit, including dismissal of objections from relatives seeking to be a part of heir class.
  • Obtained victory after a three-week trial in Land Court, upholding a Zoning Board of Appeals decision to permit a restaurant use of property, which included analysis of historical beach rights from the 1600s. Successfully opposed Appeal and obtained confirmation of Judgment.
  • Negotiated and obtained dismissal of a Zoning Enforcement action by a town against a homeowner and eliminated over $200,000 in accumulated fines.
  • Obtained complex permitting of a large commercial redevelopment project in Taunton, MA.
  • Negotiated and obtained dismissal of federal court trademark claim against a local business, giving company the ability to continue business and flourish.
  • Negotiated and obtained favorable settlement for clients in a federal court involving a race/nationality discrimination class-action lawsuit.

REPORTED CASES

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  • Deckelbaum v. Town of Provincetown Zoning Board, et al., 105 Mass.App.Ct. 22 (2024). Successfully defended commercial landowner in appeal of grant of variance.
  • Ye v. DePasqule, 2017 WL 2902571 (Mass.Super.).  Represented the defendant wherein the plaintiff was seeking specific performance of a $4.5 million offer to purchase a property. The jury denied the plaintiff’s claim and the defendant was able to sell the property at a much greater value to another party.
  • Fernando v. Federal Insurance Co., 2022 WL 773234. U.S. Dist. Ct. (D. Mass.) (2022) Successfully defeated insurance company’s Motion for Summary Judgment regarding denial of coverage claim. Court agreed that use of expert reports from defendant insurer should be excluded from the Summary Judgment record as hearsay. This holding was also written up in Mass. Lawyers Weekly.
  • Merchia v. Virginia Board of Medicine. 2019 WL 1961075 and 2019 WL 7567831.  U.S. Dist. Ct. (D. Mass.) (2019). Successfully obtained a dismissal of claims against plaintiff, ending nearly a decade of litigation by plaintiff against the governmental agencies for their discipline of the physician.
  • Brown v. Swain. 2014 WL 3772774 (N.Y.Sup.), 2014. Successfully defended Plaintiff/Estate Executor against a Motion to Dismiss, seeking to have culturally significant artwork returned to the Estate after 21 years of having been lost and/or stolen by the client’s ex-wife. The court found that the Plaintiff’s claims for replevin and conversion were not barred by the three-year statute of limitations.
  • In re: Kology, 499 B.R. 20, 40 (Bankr. D. Mass. 2013). Bankruptcy trial involving an interested abutter and property owner that successfully rebutted the presumption that the homestead exemption claimed by the debtors for various parcels was proper.

CREDENTIALS

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Admitted:

  • Massachusetts
  • New York
  • United States Court of Appeals for the First Circuit
  • United States District Court for the District of Massachusetts
  • United States District Court for the Southern District of New York

Member:

  • Boston Bar Association
  • Massachusetts Bar Association
  • Real Estate Bar Association
  • International Lawyers Network
  • Cape Cod Young Professionals
  • Cape Symphony – Board of Trustees – Chair
  • Family Table Collaborative – Board of Trustees – Chair
  • Sail As You Are, Inc. – Director

MORE THAN A LAWYER

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Anthony’s literal 15 minutes of fame came when he was satirized in the anthology series American Horror Story, as counsel for a restaurant seeking permitting before a Provincetown municipal board.

When he isn’t advising clients or being portrayed on Emmy-winning television, Anthony enjoys the arts, food and traveling. He has traveled around the world for a great meal, a concert or a fascinating art show. He lived in New Zealand for a time, studying volcanoes and dolphins.

Stateside, Anthony enjoys restoring historical homes to their past brilliance and spending time with his two rambunctious dachshunds, Taco and Peanut Butter.

LANGUAGES

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  • Italian
  • Spanish
News & Insights
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What You Need to Know About Massachusetts’ Broker-Fee Ban, quoted in article published by Banker & Tradesman

Boston lawyer, spouse breathe new life into historical homes, published in Massachusetts Lawyers Weekly

Failure-to-rehire suit against MIT avoids dismissal, quoted by Massachusetts Lawyers Weekly

MLS PIN Lawsuit Could Up Pressure in Other Cases, quoted in Banker & Tradesman

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