Justin M. Fabella is a litigator and risk management adviser for financial institutions, professionals and labor and employment matters. He practices in state, federal and bankruptcy courts and before administrative and professional licensure boards and arbitration tribunals. Justin has tried numerous cases to verdict in Massachusetts, New Hampshire and New York.
Regarding his financial institutions and professional liability practice, Justin advises and represents insurance agents/brokers, banks, credit unions, lenders, servicers, broker-dealers, registered representatives, investment advisers, real estate brokers, lawyers, architects, engineers and accountants. He has counseled his clients in a variety of matters including: claims of malpractice, errors and omissions, unsuitability, misrepresentation, predatory lending, wrongful foreclosure and violations of the FCRA, TCPA, FDCPA, TILA, RESPA, SEC Rule 10b-5 and the related state consumer protection statutes. Justin also administers a risk management hotline for insurance agents and counsels and assists his clients concerning inquiries and complaints filed with state licensing boards, attorney generals and the Consumer Financial Protection Bureau (CFPB).
Justin's labor and employment practice focuses on internal investigations and representing employers in discrimination, wage act, wrongful termination and non-competition matters. He frequently defends his clients against charges filed with administrative agencies including the Massachusetts Commission Against Discrimination (MCAD), Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB).
Justin joined Hinshaw & Culbertson LLP in June 2007. Previously, he was an attorney at a large regional firm for four years, in both its Boston and New York offices. From 2002 to 2003, he was an analyst in the Financial Institutions Division of American International Group (AIG) in New York City.
Prior to his legal career, Justin was an operations coordinator at Aftermarket Technology Corporation, which manufactured and distributed aftermarket drive train products.
Justin is also a licensed real estate broker in Massachusetts and serves as an adjunct professor at New England Law | Boston, where he teaches a class on real estate transactions. The course focuses on real estate sales, conveyancing and mortgage law and also covers duties and responsibilities of lawyers, real estate agents, surveyors, title insurers and lenders.
- New England Law | Boston – Adjunct Professor
Mortgage Bankers Association
- Defense Research Institute
- Boston Bar Association
Honors & Awards
- Recognized as a "Rising Star" by New England Super Lawyers magazine (2008, 2011–2014)
His presentations include:
- "Resolving Common & Complex Title Issues: Identifying the Issues and Navigating the Solutions," Massachusetts Continuing Legal Education, Boston, Massachusetts, April 2014
- "Fraud Prevention and the Rules of Professional Conduct in Real Estate Transactions," West LegalEdcenter live webcast, January 2009
- "Aiding and Abetting a Breach of Fiduciary Duty," Boston Bar Association, Boston, Massachusetts, February 2008
Justin's publications include:
- "Common Claims Against Insurance Agents," Risk Management, Allied World, August 2017
- "New York's Proposed Cybersecurity Regulation," Risk Advisory No. 5, Allied World
- "Arbitration Clauses in Engagement Letters: Be Careful What you Wish For," The Quarter Hour®, Volume VI, 2009
- "Recreational Vehicles and Children," New York Law Journal, May 5, 2004
- "What is the Required State of Mind? A Depiction of the Pleading Standard for the Private Securities Litigation Reform Act of 1995," Suffolk Trial and Appellate Advocacy Journal, June 2002
- Cover Letter from Loan Servicer May Unwittingly Change Terms of Forbearance Agreement
- SEC Shuts Down Initial Coin Offering Using Blockchain for Failure to File Securities Registration Statement
- Attention Mortgage Loan Servicers: Highest Court in Massachusetts Attempts to Clarify When Default Notices Must Strictly Comply with Paragraph 22 of the Standard Mortgage
- First Circuit Confirms Importance of Good Faith Interactive Process
- First Circuit Clarifies "Severe or Pervasive" Standard in Hostile Work Environment Claim
- Employee’s Settlement Proceeds from age Discrimination Dispute Subject to FICA Tax Withholding
- Massachusetts’ Anti-Discrimination Laws Prohibit Associational Discrimination
Consumer Crossroads: Where Financial Services and Litigation Intersect
Employment Law Observer
- May 19, 2016
- August 24, 2015
- April 30, 2015
- January 5, 2015
- December 22, 2014
- March 3, 2014
- February 21, 2014
- January 16, 2014
- September 16, 2013
- Supreme Judicial Court of Massachusetts Clarifies Title Insurance Company's Duty to Defend and Narrows the Scope of Title Insurance CoverageSeptember 12, 2013Insurance Coverage Alert
- September 3, 2013
- August 5, 2013
- $22.6 Million Award Based on Claims Administrator’s Failure to Make a Timely and Reasonable Settlement OfferMarch 13, 2012Insurance Coverage Alert
- March 1, 2011
Justin lives in Hingham, Massachusetts with his wife and three children.
J.D., cum laude, Suffolk University Law School, 2002
- Moot Court Honor Board
- Production Editor and Staff Member, Suffolk Trial and Appellate Advocacy Journal
B.A., University at Albany, State University of New York, 1996, Economics
- New Hampshire
- New York
- U.S. Court of Appeals for the First Circuit
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the District of New Hampshire
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York