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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.

Experience

  • Won dismissal with prejudice of a $3 billion RICO case filed against an international casino operator and alleging a broad array of business fraud, extortion and other purported acts of racketeering.
  • Won summary judgment during arbitration to enforce our client’s interpretation of ambiguous contract terms and thereby defeat customer’s $50 million claim of breach.
  • Won declaratory judgment in the Business Litigation Session to preclude customer from seeking indemnification from medical-device maker on third-party allegations of product liability.
  • Won judgment in favor of a global communications company in a highly publicized lawsuit brought by a local television affiliate seeking injunctive relief to compel the renewal of its network affiliation.
  • Won 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 judgment in favor of the co-founder and CEO of a large private retailer which 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 after a five-week trial.
  • Won a 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.
  • Successfully defended 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.
  • Successfully prosecuted a nine-month arbitration in which our client sued to protect its minority interest in a billion-dollar real estate project 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.
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viewpoints

"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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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.
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News & Press

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Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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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 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.
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. 
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Recognition & Awards

  • Best Lawyers in America: Commercial Litigation (2013 – 2025)

  • Massachusetts Super Lawyers: Business Litigation (2004 – 2024)

  • Martindale-Hubbell AV Preeminent

  • Jane Doe, Inc.'s Advocate for Justice Award

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Involvement

  • Board Member, Honorary Board, The Schwartz Center for Compassionate Care
  • Board Member, United Way Campaign Cabinet
  • 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
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