Anthony L. DeProspo, Jr.


Tony DeProspo is a partner in the firm's Litigation Department and co-chair of the firm’s Real Estate Litigation Practice Group. Tony’s practice encompasses a wide range of commercial litigation disputes including complex business cases, commercial landlord/tenant disputes, eminent domain, contract disputes, partition actions, negotiable instruments, title and ownership disputes, condominium matters, premises liability defense and real estate tax assessment cases. He maintains a diverse client base including commercial landlords and tenants, hotel operators and franchisees, supermarket operators, retailers, cities and towns, petroleum retailers and distributors as well as individuals. Tony has tried several cases to verdict in both state and federal court, and regularly appears before arbitration boards and state administrative agencies such as the Massachusetts Appellate Tax Board.  

 Representative Experience

  • Obtained summary judgment on tortious interference claim brought in New Hampshire against regional petroleum wholesaler
  • Defended national supermarket chain in week-long bench trial on claims to enforce restrictive covenants against retail shopping center uses
  • Conducted two-day evidentiary hearing in Superior Court on diagnostic laboratory's claim for preliminary and permanent injunctive relief based on exclusivity provisions contained in commercial lease
  • Defended state transportation authority in week-long eminent domain jury trial
  • Obtained judgment of dismissal against counter-claimant pursuant to Massachusetts Strategic Litigation Against Public Participation (anti-SLAPP) law
  • Obtained dismissal of claims of negligence, breach of warranty and wrongful death brought against tobacco distributor by estate of a former smoker
  • Obtained summary judgment for international automobile manufacturer on the grounds that tort claims were preempted by the National Traffic and Motor Vehicle Safety Act; judgment upheld on appeal
  • Equity lenders in three-week jury trial involving claims of breach of fiduciary duty, fraudulent transfer and civil conspiracy
  • Capital lender in two separate fraudulent-transfer bench trials; obtained a verdict on all counts in client's favor
  • Nonprofit organization in litigation over commercial lease and successfully argued motion for sanctions, successfully opposed two post-judgment motions for reconsideration and obtained judgment in client's favor; judgment upheld on appeal
  • Regional petroleum wholesaler in multi-day arbitration before the American Arbitration Association to enforce a dealer's contractual obligations; obtained a significant monetary recovery on client's behalf
  • Successfully moved to dismiss common law tort claims brought against national bio-tech firm on the basis that such claims were preempted by federal copyright law
  • Local government authority in suit against its insurer for $6.5 million claim for business interruption loss in the wake of the events of September 11, 2001
  • In two separate cases in bankruptcy court, successfully opposed creditor's motion to remand state law claims to state court and creditor's motion to transfer venue
  • Successfully moved to dismiss spoliation claim under New Hampshire law in case of first impression in New Hampshire
  • As part of a team, defended national supermarket chain in two week bench trial involving breach of contract; obtained a verdict on all counts in client's favor
  • As part of a team, successfully obtained summary judgment in client's favor in multi-party will contest
  • Obtained summary judgment on behalf of buyer of a restaurant in suit brought to recover purported broker fees due
  • Successfully argued before single justice of the Massachusetts Appeals Court that the work product doctrine did not shield an insurer's investigation file from discovery

 Speaking Engagements and Publications

  • "Litigating Residential & Commercial Real Estate Disputes," faculty, MCLE, February 13, 2014
  • "Equitable Principles May Push Aside the Application of Economic Loss Doctrine," American Bar Association, May 20, 2013
  • "Risky Business: Restrictive covenants in today's retail marketplace," Shopping Center Business, April 2010
  • "'Finger on the Trigger,' Options for determining insurance coverage are varied in Massachusetts," New England In-House, March 2007
  • Quoted in "EMC Sues Ex-Employees to Guard Trade Secrets," Boston Business Journal, October 6, 2006
  • "Damages in Securities Litigation," contributing author, Damages, Interest and Attorneys Fees in Massachusetts Litigation, Massachusetts Continuing Legal Education, Inc., 2nd ed., 2005
  • Quoted in "Buyer not liable for broker fees after direct-dealing with seller," Massachusetts Lawyers Weekly, August 22, 2005
  • "Being Selfish: Reaping the Reward - A Brown Bag Discussion on the Benefits of Pro Bono and Public Service," panelist, Boston Bar Association, March 31, 2004

 Community Involvement

Anthony L. DeProspo, Jr.