Mitchell is a seasoned litigator with extensive experience in financial services, derivatives, securities and commercial matters. He has represented and defended large companies, senior executives and financial institutions in complex litigation in federal and state courts, arbitration and mediation. Mitchell has secured multimillion-dollar recoveries on behalf of defrauded investors and professionals in complex actions against broker-dealers, investment managers, accounting firms and others. He has handled claims involving transactions in complex and exotic derivatives, swaps, options, debt and equity securities, and limited partnership interests. His experience also includes the resolution of complex commercial and construction project disputes. He serves in a general counsel capacity to some clients, providing guidance on various risk avoidance, corporate, contract and employment matters.
Recent Representative Matters
- Representing a financial institution in a bankruptcy court action involving the valuation of several hundred complex interest rate swaps with a notional amount totaling $16.5 billion terminated in the wake of Lehman’s failure.
- Defended a major Mexican retailer resisting $1.5 billion in contract claims arising out of the sale of exotic currency derivatives asserted in New York County Supreme Court by four derivatives dealers.
- Recovered $9.6 million and $4.4 million after summary judgment awards for a global investment management and financial advisory firm pursuing claims for unpaid advisory fees against the controlling shareholder of a database marketing company in one action and against an international pharmaceutical company in another.
- Won summary judgment on liability for an investment banking firm seeking a fee exceeding $3 million arising out of the sale of a biotechnology company.
- Represented a taxi fleet owner in appeal to New York Court of Appeals regarding the legality of New York City’s “Taxi of Tomorrow” program (Greater NY Taxi Association v. New York City Taxi and Limousine Commission).
- Defended the commercial mortgage lending joint venture of a global investment management firm and a Canadian bank on a claim arising out of the termination of an airport hotel franchise and an associated mortgage default.
- Negotiated recovery of control over a $45 million securities account tied up in a bankruptcy case for Mexican investors without litigation.
- Obtained favorable settlement for an ex-Hong Kong accounting partner in a claim against a global accounting firm for breach of fiduciary duty arising out of alleged “scapegoating” for SEC regulatory violations.
- Obtained $1.1 million FINRA arbitration award in favor of investor against wealth management firm charged with disregarding investment instructions.
- Obtained favorable settlement for foreign investor pursuing fraud claim against global private bank concerning the sale of financial derivatives.
- Defended public relations firm and founder against AAA arbitration claims of former shareholder challenging contractual buy-out price and charging shareholder oppression.
- Testified as an expert witness on New York contract law in a CAMCA (Commercial Arbitration and Mediation Center for the Americas) arbitration in Mexico City arising out of the sale of an industrial company.
Before Fox Rothschild
Mitchell began his legal career in the litigation group of an international law firm based in New York before starting his own firm that focused on securities and class action litigation.
From 1996 to 2002, he served as the head of bank supervision for the regulator of the Federal Home Loan Banks, which provide wholesale banking services to 8,000 banks and thrifts to support residential mortgage lending. His government experience provided a broad perspective on financial, risk control and housing policy matters. After his government service, he returned to private practice in New York before joining Fox Rothschild.
Beyond Fox Rothschild
Mitchell has been interviewed by major media outlets, including Fortune. He has been an alumni fundraising leader for Amherst College for many years. He is familiar with real estate management issues through his activities as the landlord of an apartment building on Manhattan’s Upper East Side.