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 team, 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 was reappointed by Chief Justice Cheri Beasley. Chief Justice Martin 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.
Professional & Community Affiliations
- Member, North Carolina Judicial Branch Rules Advisory Commission, Chief Justice Appointment
- 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)
- Member, Existing Industry EDGE 6 Committee
- Past Member, North Carolina Commission for the Administration of Law and Justice
- Past Member, North Carolina General Statutes Commission
Honors & Awards
- Benchmark Litigation, North Carolina Litigation Star (2013-2021)
- Best Lawyers®, Commercial Litigation, Construction Law, Real Estate Law, Bet-the-Company Litigation, Litigation - Intellectual Property (2012-2021)
- Business North Carolina "Legal Elite," Commercial Litigation
- Chambers USA: America’s Leading Business Lawyers, Litigation: General Commercial (2014-2020)
- Martindale-Hubbell AV Preeminent Rated
- North Carolina Super Lawyers (2011-2020)
- North Carolina Super Lawyers, Top 100 Lawyers (2013, 2015, 2016)
Represented a large hospital system against the University of North Carolina system in litigation involving contract and governance disputes.
Represents a multinational company in a large insurance coverage dispute in the North Carolina Business Court.
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.
Successful appeal (N.C. Supreme Court) unanimously affirming the judgment in favor of guardian ad litem on behalf of a minor child.
Successful appeal (unpublished opinion before the N.C. Court of Appeals) unanimously affirming the termination of parental rights in favor of a guardian ad litem who represented minor children.
- Successful appeal (unpublished opinion before the N.C. Court of Appeals) unanimously affirming dismissal of a third-party complaint in an aviation case.
- Successful appeal (unpublished opinion before the N.C. Court of Appeals) unanimously affirming a large sanctions award against opposing counsel.
- Successful appeal (N.C. Supreme Court) unanimously affirming the business court in a complex contract case.
- Successful appeal (published opinion by the N.C. Court of Appeals) unanimously affirming dismissal of an unfair trade practice case.
- Successful appeal (unpublished opinion by the N.C. Court of Appeals) reversing the trial court in a complex property rights case.
- Successfully tried a heavily contested complex land use dispute in Onslow County where the trial included an examination of 13 witnesses, including 10 experts.
- Tried a jury trial in 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 in a breach of contract case resulting in a verdict of $37 million. This 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.
- Represented 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 as an arbitrator.
News & Publications
- The Deal | Law360 | Triangle Business Journal, 10.16.2020
- Benchmark Litigation, 10.13.2020
- 2021 Best Lawyers® and The Best Lawyers: Ones to Watch Recognize Largest Group of Smith Anderson Lawyers in Firm’s HistoryThe 2021 Best Lawyers®, 08.20.2020
- Chambers USA, 04.23.2020
- North Carolina Super Lawyers® Selects 24 Smith Anderson Lawyers as 2020 Super Lawyers and Nine Additional Lawyers as Rising StarsSuper Lawyers, 01.22.2020
- Benchmark Litigation Honors Smith Anderson’s Litigation and Employment Litigation Groups and 12 LawyersBenchmark Litigation, 10.14.2019
- Supreme Court of North Carolina Reappoints Smith Anderson Attorney Mike Mitchell to Rules Advisory CommissionSupreme Court of North Carolina, 10.10.2019
- Smith Anderson Leads “Best Lawyers®” Rankings with 71 Recognized Lawyers and 11 “Lawyers of the Year” - Most of Any Raleigh Law FirmThe Best Lawyers in America©, 08.20.2019
- Chambers USA, 04.29.2019
- North Carolina Super Lawyers Recognizes Forty Smith Anderson Lawyers as Super Lawyers and Rising Stars in 2019Super Lawyers, 01.24.2019
- Benchmark Litigation, 10.16.2018
- The Best Lawyers in America©, 08.15.2018
- Chambers USA, 05.03.2018
- 2018 North Carolina Super Lawyers Recognizes Forty-three Smith Anderson Lawyers as Super Lawyers and Rising StarsSuper Lawyers, 01.25.2018
- Benchmark Litigation, 10.03.2017
- The Best Lawyers in America©, 08.15.2017
- Chambers USA, 05.30.2017
- Super Lawyers, 01.20.2017
- 2017 The Best Lawyers in America© Guide Recognizes 62 Smith Anderson Lawyers – Most in the Firm’s History08.15.2016
- Chambers USA, 06.01.2016
- Three Smith Anderson Lawyers Appointed to Newly Created N.C. Commission on the Administration of Law and Justice09.22.2015
- 2016 The Best Lawyers in America© Guide Lists 60 Smith Anderson Lawyers – Most in the Firm’s History08.17.2015
- Governor McCrory, Mike Mitchell and the North Carolina Business Committee for Education Announce the Teachers @ Work Initiative11.15.2013
- Mike Mitchell Named Vice Chair of Board of Directors for North Carolina Business Committee for Education06.28.2013
- Smith Anderson Announces 49 of its Firm Lawyers are Named a “Best Lawyer” by The Best Lawyers in America® 201308.29.2012
- North Carolina Court of Appeals Affirms Plasma Centers of America’s $37 Million Verdict Against Talecris Plasma Resources08.08.2012
- 10.08.2020Published by LAW.COM
- 08.06.2020Published by LAW.COM
- 06.11.2020Published by LAW.COM
- 04.20.2020Published by LAW.COM
- 02.10.2020Published by LAW.COM
- 12.12.2019Published by LAW.COM
- 10.15.2019Published by LAW.COM
- Federal Court Upholds Rules Prohibiting the Practice of Law by Corporations – Rejecting Attempt by Trade Association to Represent Its Members06.05.2019
- 01.15.2019By Mike Mitchell and Christopher Smith
- U.S. Supreme Court Relaxes Standard For Prevailing Parties To Recover Attorneys’ Fees In Patent Infringement Litigation05.22.2014
- Fourth Circuit Clarifies Pleading Standards and (Again) Rejects Affidavits that Contradict a Party’s Deposition03.16.2014
- Fourth Circuit Clarifies the Role of the District Court in a Trademark Civil Action Following a Proceeding Before the Trademark Trial and Appeal Board01.11.2014
- Fourth Circuit Holds that Motor Carrier has No Claim Under Federal Law Against Shipper for Unpaid Freight Charges11.14.2013
- "2018 Civil Law Update" Presentation with Judge Paul C. Ridgeway (Senior Resident Superior County Judge - Tenth Judicial District) and Casey C. Fidler (Tharrington Smith), Wake County Bar Association
- "Cost Effective Litigation: Winning the Case Without Breaking the Bank," CLE, 2015
- 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
Wake Forest University, J.D., 1989
- Editorial Staff, Wake Forest Law Review
Wake Forest University, B.A., 1986
- Law Clerk to the Honorable Frank W. Bullock, Jr., United States District Court for the Middle District of North Carolina