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Peter A. Biagetti

Member

[email protected]

+1.617.348.4472

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Peter measures litigation success by the business advantage gained for clients, not by the length of motions filed or depositions taken. To efficiently achieve that success, he isolates and exploits weaknesses in the opposition’s case, then executes in accountable increments. He often achieves a favorable resolution by preemptive motion — without extensive discovery — or by enlisting a mediator after establishing a position of strength. When trial is inevitable, Peter draws upon 39 years in the courtroom to craft engaging, pointed, and powerful presentations.

A trial and appellate lawyer, Peter concentrates on the prosecution, defense, and appeal of cases involving unfair business practices, business fraud, RICO, trade secret theft, breach of duty by business owners and officers, and commercial disparagement. Peter has extensive trial experience in state and federal courts, but at every opportune moment in his cases, Peter utilizes mediators and masters to efficiently resolve disputed issues or to streamline them short of trial. Peter has served as one of the firm’s Managing Directors, and as a member of its Policy Committee.

Education

  • Harvard Law School (JD)
  • Harvard University (BA)

Experience

  • Won summary judgement during arbitration to enforce our client's interpretation of ambiguous contract terms and thereby defeat customer's $50 million claim breach.
  • Won declaratory judgement in the Business Litigation Session to preclude customer from seeking indemnification from the medical-device maker on third-party allegations of product liability.
  • Won a complete dismissal of a $360 million class action lawsuit alleging violations of RICO and the laws of over 25 states brought against one of the nation’s leading laboratories.
  • Served as co-counsel for for an American global communications company in a highly-publicized lawsuit brought by a Boston television affiliate seeking injunctive relief to compel the renewal of its affiliation beyond its scheduled expiration at the end of 2016.
  • Represented a pharmaceutical company in a case involving Lanham Act claims and counterclaims.
  • A two-week jury trial in which our client sued for breach of a multimillion-dollar vendor contract. The jury found liability on all counts, and the judge found unfair business practices sufficient to warrant the award to our client of reasonable attorneys’ fees.
  • Won a five-week jury trial in which our client, the co-founder and CEO of a very successful private company, was sued by stockholders on three $1.5 billion RICO claims arising out of alleged unfair business practices and breach of fiduciary duty. Two of those claims were defeated on pretrial motions to dismiss and for summary judgment, and the third was rejected by the jury.
  • Two-week jury trial in which our client sued to reverse the purported sale of a large leased portion of its corporate headquarters. The jury found liability for breach of contract and breach of duty, awarded damages including lost profits, and made an advisory finding of unfair business practices sufficient to warrant the award of multiple damages and reasonable attorneys’ fees to our client.
  • Represented a multinational professional services firm in a month-long jury trial in which our client admitted employee breach but denied claims of supervisory liability. The jury found no supervisory liability, and rejected claims for punitive damages and attorneys’ fees.
  • Represented an individual in a nine-month arbitration in which our client sued to protect its minority interest in a billion-dollar real estate from claims by the majority that a forced sale was warranted at a dramatic discount. The arbitration panel rejected that claim, preserved the full value of our client’s interest, and awarded attorney’s fees to our client.

Recognition & Awards

  • Best Lawyers in America: Commercial Litigation (2013 – 2020)
  • Massachusetts Super Lawyers: Business Litigation (2004 – 2019)
  • Martindale-Hubbell AV Preeminent
  • Jane Doe, Inc.'s Advocate for Justice Award

Involvement

  • Panel Member, Roster of the American Arbitration Association—Selected as one of ~6500 arbitrators nationwide to arbitrate complex commercial claims
  • Past Co-Chair, Boston Bar Association Business Litigation Committee
  • Member, Civil RICO Report Editorial Advisory Board
  • Past Chair of the Board, Kenneth B. Schwartz Center
  • Board Member, Cause Fund, Inc.
  • Member, Campaign Cabinet of United Way of Massachusetts Bay and Merrimack Valley

Recent Insights

News & Press

Viewpoints

Firm Partners with ACLU of MA in Lawsuit Against the President’s Travel Ban

February 7, 2017 | | By Susan Finegan, Susan Cohen, Elizabeth Burnett, Michael Gardener, Peter Biagetti

We are currently serving as co-counsel with the ACLU of Massachusetts, the Massachusetts Attorney General’s office, and others in a lawsuit against the president’s executive order curbing immigration by refugees and others traveling from seven majority Muslim countries.
Read more

News & Press

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Mintz Member Peter Biagetti and Associate David Kete co-authored an article published in the January 2020 edition of Thomson Reuters’ Civil RICO Report detailing a notable ruling achieved by Mintz in a federal court in Boston that will have a significant impact on how future cases alleging a RICO “pattern” will be assessed.
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The Boston Globe reported that on November 15, 2019, Chief Judge for the U.S. District Court for the District of Massachusetts Patti B. Saris dismissed with prejudice federal RICO claims by plaintiff Sterling Suffolk Racecourse seeking over $3 billion in damages against Mintz clients Wynn MA, LLC, Wynn Resorts, LTD and its Chairman in a lawsuit arising out of the bid process for a much sought-after gaming license in the Greater Boston area. The Mintz team was led by Member Peter Biagetti, along with Member and Co-chair of the Construction Law Practice Tony Starr, and Associates Caitlin Hill and David Kete.
Fifty-one attorneys from Mintz have been named Massachusetts Super Lawyers for 2017 and thirty have been named Massachusetts Rising Stars.
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Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.