Public and private REITs, investment firms, lenders, property management and brokerage firms, retailers and academic hospitals and universities look to Marty Fantozzi for his legal acumen. With more than 20 years of experience, Marty helps clients resolve matters such as disputes among stockholders, partners and members of limited liability companies, land use, zoning, construction and other real property-related disputes, commercial disputes and employment matters. Chambers USA describes Marty as "calm, practical and solution-oriented, with an inherent ability to distill what's really important to the case.” Marty serves as the Co-Managing Director of the firm.
- Obtained summary judgment in favor of limited partnership and its general partners in action by limited partners alleging breach of fiduciary duty, waste and breach of implied covenant of good faith in connection with dispute relating to proposed sale of partnership assets.
- Successfully defended academic medical center in appeal to the U.S. Court of Appeals for the First Circuit challenging $11 million cy pres award resulting from national class action settlement.
- Successfully defending national multifamily housing developer at trial regarding challenge to permits obtained for apartment development.
- Obtained summary judgment on behalf of national owner of nursing homes dismissing employment discrimination claims brought by former employee in connection with alleged harassment by patient.
- Represented national life insurance company in dispute with investment funds regarding “make-whole” payment due in conjunction with pre-payment of $780 million of variable and fixed-rate notes.
- Successfully representing purchaser of secured debt on senior living condominium project in borrower's action to enjoin foreclosure.
- Successfully obtaining summary judgment in favor of national REIT that department store had failed to exercise its option to extend lease for 45 years.
- Successfully represented holders of $120 million in preferred and common equity in dispute with controlling fund sponsors regarding investment restructuring and sale of assets.
- Obtained summary judgment on behalf of general and limited partners in action seeking specific performance to enforce their right to purchase interests of minority limited partners under buy/sell provision of partnership agreement.
- Winning a complete defense verdict for a real estate development company and several of its principals in a two-week jury trial of claims for breach of contract, fraud, intentional interference with contractual relations, and unfair and deceptive business practices.
- Obtaining a judgment in favor of national shopping center REIT in a case of first impression regarding enforcement of liquidated damages clause in commercial lease.
- Prevailing on motion to dismiss insider trading and other securities fraud claims asserted by a tender offeror in corporate control contest, and obtained an award of sanctions under the Private Securities Litigation Reform Act of 1995.
- Obtaining summary judgment in favor of developer declaring that municipal zoning ordinance violated state enabling act and was invalid as applied to developer’s property.
Professional and Community Involvement
- ACC Value Challenge Law Firm Advisory Committee Member
- Board of Directors, American Civil Liberties Foundation of Massachusetts
- Board of Directors, Social Capital, Inc.
- International Council of Shopping Centers
- Boston Bar Association
- The Real Estate Bar for Massachusetts
Awards and Recognition
- Chambers USA, “America’s Leading Business Lawyers”, 2011-2012
- Best Lawyers in America, 2017
- Martindale Hubbell Peer Review Rated AV Preeminent TM
- Massachusetts Super Lawyers, 2004 - 2005, 2008, 2010 - 2016
- Community Social Capitalist, Social Capital Inc., 2015
- Panelist, “Hindsight is 20/20 – How Will Your Joint Venture Survive Litigation” International Council of Shopping Centers Law Conference, 2011
- Panelist, “Do Your Remedies Hold Up in Court?,” International Council of Shopping Centers Law Conference, 2005, 2006
- Panelist, “Guerrilla Discovery: Battle-Tested Tactics,” Massachusetts Continuing Legal Education, May 2004
- Panelist, “Recent Developments in Real Estate Law,” National Retail Tenants Association Conference, 2003