Biography

Mitch defends clients in complex commercial litigation involving disputes over health, disability, life and AD&D benefits, including ERISA and insurance bad faith claims.

A tenacious advocate, he advises insurance and managed care entities, employers and third-party administrators on all aspects of insurance litigation, in state and federal courts and arbitration, including disputes involving:

  • ERISA
  • Medicare
  • FEHBA
  • Affordable Care Act
  • No Surprises Act
  • Bad faith insurance practices
  • State prompt pay laws

Mitch also counsels and defends insurers and managed care companies in high-stakes medical claims litigation, including contractual and extra-contractual disputes. He has handled more than 100 complex commercial arbitrations involving managed care disputes with medical providers.

Mitch has diverse litigation experience that also extends to oil and gas disputes, toxic tort litigation, contract disputes, fraud, tortious interference, breaches of fiduciary duties, debt collection, Freedom of Information Act (FOIA) disputes, and False Claims Act and qui tam actions.

Mitch defends clients in complex commercial litigation involving disputes over health, disability, life and AD&D benefits, including ERISA and insurance bad faith claims.

A tenacious advocate, he advises insurance and managed care entities, employers and third-party administrators on all aspects of insurance litigation, in state and federal courts and arbitration, including disputes involving:

  • ERISA
  • Medicare
  • FEHBA
  • Affordable Care Act
  • No Surprises Act
  • Bad faith insurance practices
  • State prompt pay laws

Mitch also counsels and defends insurers and managed care companies in high-stakes medical claims litigation, including contractual and extra-contractual disputes. He has handled more than 100 complex commercial arbitrations involving managed care disputes with medical providers.

Mitch has diverse litigation experience that also extends to oil and gas disputes, toxic tort litigation, contract disputes, fraud, tortious interference, breaches of fiduciary duties, debt collection, Freedom of Information Act (FOIA) disputes, and False Claims Act and qui tam actions.

Representative Matters

  • Represented a managed care company in parallel federal and state lawsuits against hospital systems seeking over $46 million in statutory penalties for alleged violations of the Texas Prompt Pay Act on self-funded medical claims.
  • Successfully represented a managed care company in a JAMS arbitration filed by a hospital system seeking $4.3 million in damages under tortious interference and third-party contract claims. The arbitrator granted a complete summary judgment in the client’s favor.
  • Represented a managed care company in an arbitration filed by a hospital system alleging violations of the Texas Prompt Pay Act that applies statutory penalties to medical claims that are not reimbursed within 30 days of submission. The arbitrator ruled in the client’s favor on all legal issues and awarded the hospital roughly 1% of its $144 million requested damages.
  • Represented a managed care company in parallel federal and state lawsuits against hospital systems seeking over $46 million in statutory penalties for alleged violations of the Texas Prompt Pay Act on self-funded medical claims.
  • Successfully represented a managed care company in a JAMS arbitration filed by a hospital system seeking $4.3 million in damages under tortious interference and third-party contract claims. The arbitrator granted a complete summary judgment in the client’s favor.
  • Represented a managed care company in an arbitration filed by a hospital system alleging violations of the Texas Prompt Pay Act that applies statutory penalties to medical claims that are not reimbursed within 30 days of submission. The arbitrator ruled in the client’s favor on all legal issues and awarded the hospital roughly 1% of its $144 million requested damages.

Before Fox Rothschild

Prior to joining us, Mitch practiced at a national law firm. Before that, he was partner at a global firm, where he practiced for 19 years.

Mitch served as a captain in the Army, specializing in military intelligence, before starting his legal career.

Beyond Fox Rothschild

Mitch is a volunteer attorney in the U.S. District Court for the District of Colorado's Federal Limited Appearance Program and regularly provides pro bono services for the Colorado Bar Association’s Veterans Legal Assistance Program. He is a former volunteer prosecutor for Houston, Texas, and a former Director on the Houston Bar Association’s Board of Directors.

Bar Admissions

  • Colorado
  • Texas

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Western District of Oklahoma

Education

  • University of Houston Law Center (J.D., cum laude, 2002)
  • Indiana University (B.A., 1995)

Memberships

  • Colorado Bar Association, Military & Veterans Affairs Section
    • Secretary/Treasurer, Executive Council
  • Colorado Bar Association
  • Denver Bar Association
    • Vice President (2024)
  • Texas Bar Foundation, Fellow (Life Fellow)
  • American Bar Association
  • Texas Young Lawyers Association
  • Houston Bar Association
    • Co-Chair, LegalLine Committee (2004-2021)
    • Co-Chair, Disaster Preparedness Committee (2020)
    • Co-Chair, Special Olympics Committee (2010-2011)
    • Special Olympics Committee (2005-2015)
    • Marine Reservist Will Program (2010)
  • Houston Young Lawyers Foundation, Fellow
    • Co-Chair, Judicial Events Committee (2007-2008)
    • Co-Chair, Process Server Committee (2006-2007)

Board of Directors

  • 1st Vice President, Denver Bar Association Board of Trustees (2024)
  • Director, Houston Bar Association Board of Directors (2018-2021)
  • President, Houston Lawyer Referral Service Board of Directors (2019-2021)

Honors & Awards

  • Selected to the Pro Bono College of the State Bar of Texas (2024)
  • Selected to the "Texas Rising Star" list by Texas Monthly (2011)
  • Selected for the President's Award, Houston Bar Association (2011, 2015, 2018, 2021)
  • Selected to the “Local Heroes” list by Texas Lawyer Magazine (May/June 2010)