Mitch is a seasoned litigator who represents institutional and individual clients in complex disputes to achieve their goals. He acts for plaintiffs and defendants in state, federal and bankruptcy courts, in trials and appeals, and in mediations and arbitrations. In an advisory role, he counsels clients concerning contract, employment and other matters arising out of their business activities. He served as a federal banking regulator in Washington D.C., and is familiar with risk management and policy issues affecting financial services institutions.
Mitch has handled a broad variety of matters, including:
- Prosecution of three contractual success fee claims for investment banks in federal and state courts, obtaining summary judgments totaling $19 million against the controlling shareholder of a database marketing company, an international pharmaceutical company, and a biotech company
- Defense of senior management of a failed community bank against breach of fiduciary duty claims asserted by FDIC and resolved in mediation
- Defense of a commercial mortgage lending joint venture between a global investment management firm and a Canadian bank on a state court claim arising out of the termination of an airport hotel franchise and an associated mortgage default
- Recovery of a foreign investor’s $45 million securities account tied up in a bankruptcy case
- Prosecution of an investor’s arbitration claim against a wealth management firm charged with disregarding client instructions, resulting in a $1.1 million FINRA award
- Prosecution of a state court breach of fiduciary duty claim by an ex-partner against a global accounting firm arising out of alleged scapegoating for violations of SEC audit independence standards
- Defense of a law firm against legal malpractice and breach of duty claims asserted by a public figure alleging multi-million dollar damages
- Prosecution of a state court legal malpractice claim by the owners of a residential cooperative building against counsel who handled the property’s sale
- Prosecution of federal court class actions on behalf of investors alleging fraud in the sale of interests in limited partnerships organized to develop a fruit orchard and an oil and gas business
Swaps and Derivatives
- Defense of a major Mexican retailer in a $1.5 billion state court contract dispute with several swap dealers arising out of the sale of exotic currency derivatives
- Defense of a government-sponsored financial institution in a bankruptcy court dispute over the valuation of several hundred interest rate swaps terminated when Lehman failed
- Prosecution of a foreign investor’s federal court fraud claim against a global private bank involving the sale of exotic financial derivatives
Commercial and Other Litigation
- Representation of a taxi fleet owner in appeal to New York Court of Appeals challenging legality of New York City’s “Taxi of Tomorrow” program. Download a video of the oral argument.
- Defense of residential building lessee against lease breach claims asserted by building owner arising from loss of 421-a tax benefits
- Prosecution of claims on behalf of several hospitals regarding entitlement to proceeds of demutualization of their medical malpractice insurer
- Defense of public relations firm and founder against AAA arbitration claims by former shareholder challenging contractual buy-out price and charging shareholder oppression
- Counsel to Mexican retail chain regarding litigation strategies relevant to negotiating buy-out of U.S. joint venture partner
- Expert witness testimony on New York contract law in a CAMCA arbitration in Mexico City arising out of the sale of an industrial company
Before Fox Rothschild
Mitch began his litigation career with 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 loans to several thousand banks 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
Mitch has been interviewed by media outlets, including Fortune. He currently serves on the Council on Judicial Administration of the New York City Bar Association, and previously served on its Banking Law and State Courts of Superior Jurisdiction committees. He is also active in alumni fundraising for Amherst College.