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Michael W. Mitchell

Partner
AA Contact Info

Deborah J. Smith
Phone: 919.821.6632
djsmith@smithlaw.com

Overview

Mike Mitchell is a trial and appellate lawyer with more than 25 years of experience in state and federal courts. He is co-chair of the firm's Business Litigation group, as well as the Intellectual Property Litigation practice. In Chambers USA, Mike is praised for his "great insight" and sources note that "his client service is fabulous" (Chambers USA).

Mike advises clients on business strategies for resolving complex disputes. He regularly manages complex business litigation. He has tried cases in all three federal districts in North Carolina and in numerous counties across the State. Mike routinely handles cases in the North Carolina Business Court, and cases designated as Exceptional by the Chief Justice. He has handled appeals before the Fourth Circuit Court of Appeals, the North Carolina Supreme Court and the North Carolina Court of Appeals. He also represents clients in litigation in other states -- most recently, New York, Texas, and Michigan.

Mike was appointed by Chief Justice Mark Martin to serve on the North Carolina Rules Advisory Commission and he also appointed Mike to serve on the Commission for the Administration of Law and Justice. Mike was appointed by Governor Pat McCrory to serve on the North Carolina General Statutes Commission. Mike also serves on the Civil Local Rules Committee of the Eastern District of North Carolina and he has worked to revise the local rules for the Tenth Judicial District for electronic discovery.

Mike has served as the Vice Chair of the North Carolina Business Committee for Education. He has served on a special advisory committee to Governor McCrory to consider changes to the composition of the Education Cabinet in North Carolina.

He has served in various leadership positions in the North Carolina Bar Association and currently holds several leadership roles in the firm. Mike formerly served as a law clerk to the Honorable Frank W. Bullock, Jr., United States District Court for the Middle District of North Carolina.

  • Member, North Carolina Rules Advisory Commission
  • Member, Civil Local Rules Committee for the Eastern District of North Carolina

  • American Bar Association, Commercial Litigation
  • North Carolina Association of Defense Attorneys, Commercial Litigation
  • North Carolina Bar Association
    • Co-Chair, Administration of Justice Committee
    • Past Co-Chair, Bench Bar Liaison Committee, North Carolina Bar Association
  • Board of Directors, North Carolina Business Committee for Education
  • Member, Board of Directors, Wake County Economic Development (WCED)
  • Past Member, North Carolina Commission for the Administration of Law and Justice
  • Past Member, North Carolina General Statutes Commission
  • Benchmark Litigation, North Carolina State Litigation Star (2013-2018)
  • The Best Lawyers in America©, Commercial Litigation, Construction Law, Real Estate Law, Bet-the-Company Litigation, Litigation - Intellectual Property (2012-2019)
  • Business North Carolina "Legal Elite," Commercial Litigation
  • Chambers USA: America’s Leading Business Lawyers, Litigation: General Commercial (2014-2017)
  • Martindale-Hubbell AV Preeminent Rated
  • North Carolina Super Lawyers (2011-2018)
  • North Carolina Super Lawyers, Top 100 Lawyers (2013, 2015, 2016)

Experience

Experience

  • Represents a large general contractor in construction litigation against the State of North Carolina

  • Represents a bank in ERISA litigation in federal court in North Carolina

  • Represented a private company in proceedings before the Trademark Trial and Appeal Board

  • Represented a public company in ERISA litigation in federal court in North Carolina and Florida
  • Successfully represented clients before the North Carolina Court of Appeals, which unanimously affirmed a large sanctions award against opposing counsel
  • Successfully represented clients before the North Carolina Court of Appeals, which unanimously affirmed the trial court in a published opinion dismissing an alleged unfair trade practices case
  • Successfully tried a heavily-contested complex land use dispute in Onslow County where the trial included an examination of 13 expert witnesses in the case
  • Tried a jury trial on a breach of contract case in the United States District Court for the Middle District of North Carolina
  • Served as lead counsel in a two-week jury trial in Wake County Superior Court on a breach of contract case resulting with a returned verdict of $37 million from the jury. It was the largest verdict in North Carolina in 2010 and one of the top 60 in the U.S. This judgment was affirmed unanimously by the Court of Appeals, and then satisfied in full ($48.5 million including interest)
  • Tried both a jury trial and a bench trial in the United States District Court for the Middle District of North Carolina in consolidated cases arising out of an aviation accident in Martinsville, Virginia
  • Tried cases in all three federal districts in North Carolina, as well as in Buncombe, Gaston, Randolph, Moore, Lee, Wake, Cumberland, Nash, Pitt, and Onslow Counties
  • Represents clients in U.S. and foreign arbitration proceedings, and served as lead U.S. counsel in obtaining a multi-million euro arbitration award for breach of a patent license
  • Experience serving as an arbitrator

News & Publications

News

Publications

Events & Webinars

Events

  • NCBA 2014 eDiscovery: Process, Prospects and Perspectives - CLE: "Using Local Rules to Promote Best Practices for eDiscovery"
  • NCBA 2013 Litigation Section Annual Meeting – CLE:  “Managing Challenging People and Challenging Cases,” with Edward F. Hennessey, IV, Robinson Bradshaw & Hinson, P.A.; Joseph P. McGuire, McGuire Wood & Bisette, P.A.; Michael W. Mitchell, Smith Anderson Blount Dorsett Mitchell & Jernigan, L.L.P.; Allison O. Van Laningham, Turning Point Litigation/Van Laningham Duncan P.L.L.C.
  • NCADA’s 33rd Annual Meeting - Commercial:  “Bringing Your Commercial Case Alive for Judge & Jury – Tips & Strategies for Effective Courtroom Presentation of Commercial Cases,” with Hon. James L. Gale, Judge, N.C. Business Court; Clifton L. Brinson & Michael W. Mitchell, Smith Anderson Blount Dorsett Mitchell & Jernigan, L.L.P.; Jonathan D. Sasser, Ellis & Winters, L.L.P.

Bar & Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S.District Courts for the Eastern, Middle and Western Districts of North Carolina
  • U.S. District Court for the District of Colorado
  • All North Carolina State Courts

Education

Wake Forest University, J.D., 1989

  • Editorial Staff, Wake Forest Law Review

Wake Forest University, B.A., 1986

Clerkships

  • Law Clerk to the Honorable Frank W. Bullock, Jr., United States District Court for the Middle District of North Carolina
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