In 2002, Mark Fabiano began his legal career as an Assistant District Attorney for Norfolk County. In his four years of service, he prosecuted thousands of cases and served as the Supervising Assistant District Attorney of Wrentham District Court and Supervising Assistant District Attorney of Dedham District Court, was a member of the Motor Vehicle Homicide Team and was a full-time Superior Court Assistant District Attorney.
Since 2006, Mark has been defending clients accused of misdemeanors and felonies in courts throughout Massachusetts.
Mark has tried dozens of criminal jury trials and hundreds of criminal jury-waived trials (“bench trials”) in cases charging Operating Under the Influence of Liquor, Assault and Battery, Assault and Battery on a Family or Household Member, Possession with Intent to Distribute, Breaking and Entering, 209A Violations, Leaving the Scene of Property Damage, Threat to Commit a Crime, Assault and Battery on Police Officer, Larceny over $250, Resisting Arrest, Assault and Battery on a Police Officer, Negligent Operation of a Motor Vehicle and many others.
Mark is also the author of chapter one of the 2013 edition of LexisNexis Practice Guide entitled Massachusetts Criminal Law.
In 2012, Mark joined with his father Jack and formed Fabiano Law Firm in Norwood, Massachusetts.
In addition to his extensive criminal practice, Mark has substantial expertise in civil litigation.
In 2013, in a three-day arbitration in Philadelphia, Mark and Jack successfully defended their client against a $2 million claim brought by a British company in connection with its acquisition of a subsidiary. Later that year, Mark successfully concluded litigation against clients who had been accused by a former employer of breaching a noncompetition agreement when they left to form their own business.
Mark recently obtained a $1.2 million judgment in Norfolk Superior Court for a client who had been defrauded in a real estate investment scheme.
Mark also has represented a technology company in litigation with its prior counsel over legal fees, an investment banking firm in a fee dispute with a consultant, a franchisor in an arbitration brought by numerous franchisees, a psychologist in the buyout of her partner, a health club in a dispute with an independent contractor/personal trainer and a venture capital firm in litigation with an equipment supplier.
Mark is a 1998 graduate of the University of Redlands (Phi Beta Kappa) and 2002 graduate of Tulane University School of Law.
Jack Fabiano has been an active trial lawyer for more than 45 years and has tried more than 100 jury and non-jury cases in state and federal courts in Massachusetts, Tennessee, Maryland, California, Illinois, New York, Florida and Arizona. He also has appeared in administrative hearings and arbitrations in the United States, the United Kingdom and The Netherlands.
Prior to the formation of Fabiano Law Firm in 2012, Jack was a Partner in the Boston law firm of Hale and Dorr (now WilmerHale), which he joined in 1970 and where he served for several years as Chairman of Hale and Dorr’s Litigation Department.
Jack represents both plaintiffs and defendants. In some of his most notable cases, he obtained a $32.7 million jury verdict in a Maryland case involving misappropriation of intellectual property and $8 million in judgments in a series of Massachusetts cases involving utility charges. Jack also represented the Boston Red Sox in a case to determine the ownership of the “final out” baseball from the 2004 World Series.
Jack also represented a minority owner of both an NBA team and an NHL team in ongoing litigation with the majority owners; obtained a defendants’ jury verdict for clients in the investment advisory business who had been accused by a former employer of breaching noncompetition agreements and misappropriating trade secrets; and successfully defended a joint venture partner against a $1.3 million claim of fraudulent misrepresentation brought by its joint venturer.
In 2003, Jack was inducted as a Fellow of the American College of Trial Lawyers.
He has been selected by his peers for inclusion in The Best Lawyers in America in the area of commercial litigation and recognized as a Massachusetts leader in the “Litigation: General Commercial” area in Chambers USA: America’s Leading Lawyers for Business. From 2004 through 2017, he has been named a “Massachusetts Super Lawyer.”
Jack is a graduate of Harvard College and Harvard Law School.