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Aaron R. Fenton


[email protected]



When clients have a legal problem or concern, they need one thing: a solution. Aaron provides solutions across a host of subjects, including business torts and contracts, insurance coverage, and real estate disputes. To this end, Aaron has drafted pleadings, dispositive and pre-trial security motions, and legal memoranda for preliminary injunctions, state and federal cases, and declaratory judgment actions. He has also drafted a variety of discovery disclosures, requests, and responses, and gained experience in document collection, review, and analysis.

But most legal problems don't involve complaints, motions, and discovery; in fact, most legal problems never involve the courts at all. For that reason, Aaron spends much of his time helping clients minimize and avert disagreements before they become disputes. For example, Aaron is an active member of the firm's Investor Class Action Recovery practice, where he advises mutual funds, public pension funds, trusts, and institutional investors on how to maximize securities class action recoveries and fulfill their fiduciary responsibilities.

For clients in the financial services and real estate sectors, Aaron also draws on his academic trainingin finance and economicsand on his experience managing construction loans at a community bank. He is also adept at using technology and writing software to help clients minimize costs and efficiently solve problems.

Aaron has represented clients from a myriad of industries, including financial services, insurance, and medical technology. But his clients also include underserved members of the Boston community, through participation in Mintz's pro bono initiatives. Most recently, as part of the Domestic Violence Project, Aaron successfully represented a domestic violence victim in obtaining a Chapter 209A restraining order.

During law school, Aaron served on the Harvard Business Law Review's Board of Directors, and assisted Professor Howell Jackson in his research on financial regulation. Aaron also interned at The Goldwater Institute, where he worked on public interest litigation and legislation, conducted client intake interviews, and evaluated the merits of potential cases.


  • Represented a manufacturer of cleaning devices for continuous positive airway pressure (CPAP) machines in a false advertising suit brought in the Southern District of New York by a multinational competitor, which dealt with complex Lanham Act claims.
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Fifth Circuit Provides New Guidance on Evaluating Confidential Witnesses

February 16, 2023 | Blog | By Peter M. Saparoff, Aaron Fenton

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In a scathing decision by the United States District Court for the Southern District of New York, the Court denied class certification of the Allergan securities class action (“Allergan”). See In re Allergan PLC Sec. Litig., 2020 U.S. Dist. LEXIS 179371 (S.D.N.Y Sept. 29, 2020).
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The August 20, 2020 decision in In re: Volkswagen “Clean Diesel” Mktg., Sales Practices, and Prods. Liab. Litig., MDL No. 2672 CRB (JSC) by the United States District Court for the Northern District of California (“the Opinion”), dismissing a significant portion of the SEC’s federal securities claims against Volkswagen as having been previously released by the DOJ, serves as an important reminder for why such coordination is important and how defendants may take advantage of the failure to coordinate, as did Volkswagen.
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"Fuss" Majeure: Lessons from the Early Outbreak of Covid v. Contract Cases

April 24, 2020 | Blog | By Peter Biagetti, Clare Prober, Aaron Fenton

As America enters its second month of social distancing and travel restrictions, COVID-19-related lawsuits have begun to spread, with parties variously portraying the pandemic to suit their respective positions, dissecting the often clumsy prose of Force Majeure clauses or, absent such provisions, dusting off common-law doctrines of impossibility, impracticability, and frustration of purpose to excuse contractual performance.
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News & Press

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Bloomberg Law quoted Members Joshua Fox and Louis Mercedes, as well as Associate Aaron Fenton in an article analyzing potential reasons why Harvard Law graduates are accepting job offers outside of Massachusetts. Joshua, Lou, and Aaron discussed the benefits graduates have when staying local to the Boston area.
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In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
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Massachusetts Lawyers Weekly covered a recent Superior Court decision holding that despite the state’s eviction moratorium, a commercial landlord could attach its tenant’s assets to secure landlord’s claim for unpaid rent obligations during the COVID-19 pandemic. The article included commentary on the decision from Mintz Member Kelly Frey, who represents the commercial landlord in the case.
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An article published by E&E News included commentary from Mintz Member Peter Biagetti and Associate Clare Prober on contract forgiveness on the basis of force majeure during the COVID-19 public health crisis. The article also cited a Mintz Viewpoint on the topic co-authored by Mr. Biagetti, Ms. Prober, and Associate Aaron Fenton.
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Mintz Member Peter Biagetti and Associates Clare Prober and Aaron Fenton co-authored a Law360 expert analysis article that examined five early COVID-19-related lawsuits involving force majeure and related provisions.
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Mintz Members and Co-chairs of the firm’s Sports & Entertainment Practice Tyrone Thomas and Keith Carroll, Member Randy Jones, and Associate Aaron Fenton co-authored an article published by Bloomberg Law that examined California’s new law that allows for endorsements and conflicts with National Collegiate Athletic Association (NCAA) rules, how other states and Congress are considering similar laws, and litigation to watch in 2020.
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Recognition & Awards

  • Boston Magazine Top Lawyers – Real Estate (2021 - 2022)

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  • Alternate Member, Kensington Zoning Board of Adjustment
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