- International Practice
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- Corporate and Securities
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Brian C. Mitchell
Yolanda Mungia-Solis+1.214.758.1000 x1677
Brian Mitchell's practice focuses on complex commercial litigation. Brian counsels both plaintiffs and defendants on issues and disputes in areas such as: commercial banking/mortgage lending, financial services, real estate, healthcare, construction, energy/oil and gas, insurance, franchisor/franchisee, intellectual property, consumer finance, landlord/tenant disputes, securities litigation, workouts and employment disputes. Brian has also represented both creditors and debtors in Chapter 7 and Chapter 11 bankruptcy proceedings.
Brian provides legal counsel in all aspects of the litigation process and regularly practices in both federal and state courts in Texas and across the country. He has first and second chair trial experience and has tried and resolved numerous matters through trial, as well as alternative disputes procedures, including arbitration and mediation. He has also successfully handled appeals in multiple courts of appeals, as well as the Texas Supreme Court.
Brian's recent representative cases involved claims for fraud, breach of contract, breach of fiduciary duty, interference with contractual relationships, deceptive trade practices, negligence, negligent misrepresentation, violations of the Federal Anti-Kickback Statute and Federal False Claims Act, trespass, bad faith, trademark infringement and misappropriation of trade secrets.
Brian also has experience with workouts and related legal proceedings involving distressed real estate assets located across the United States. In particular, he has represented lenders, borrowers and purchasers in connection with distressed commercial, residential and raw land real estate assets both in and out of bankruptcy proceedings, including foreclosure sales and 363 sales totaling more than $250 million. He also has experience with receiverships and the appointment/management of court-appointed receivers over various types of assets in states across the country.
Lawsuits and Arbitrations Tried to Conclusion
Obtained $4 million jury verdict in Collin County against former employees and their subsequent employer for breach of contract, tortious interference and misappropriation of trade secrets.
Obtained complete Plaintiff’s jury verdict as lead counsel in favor of client relating to dispute over purchase of nursing home facility and earnest money in connection with same
Obtained complete defense jury verdict in favor of client against claims of breach of contract, quantum meruit and fraud relating to marketing business dispute.
Obtained defense jury verdict in favor of client relating to claims of breach of contract, tortious interference and fraud relating to UCC Article 2 purchase order dispute.
Obtained favorable eight-figure ruling in favor of national banking association in bankruptcy adversary proceeding in connection with claims over lien priority of oil and gas assets in Texas and Oklahoma.
Successfully defended national financial services company as lead counsel before National Arbitration Forum against claims for breach of contract, conversion and wrongful foreclosure.
Other Significant/Representative Cases
Successfully represented national bank as lead counsel in putative class action arising under the ADA.
Lead counsel for 35 skilled nursing facilities in lawsuit seeking declaratory judgment that pharmacy services agreements were void and unenforceable due to violations of the Federal Anti-Kickback by institutional pharmacy provider.
Obtained temporary restraining order, temporary injunction, sequestration and $4.5 million judgment for lender client in case dealing with claims for breach of contract and fraud relating to financing of luxury automobiles.
Obtained summary judgment on behalf of national banking association for $2.9 million against guarantors of real estate loan.
Obtained judgments of $1.5 million and $1.75 million, respectively, on behalf of national banking association against guarantors of real estate loan.
Obtained summary judgment on behalf of national banking association for almost $1 million against guarantors of real estate loan.
Obtained favorable settlement on behalf of clients in partnership dispute relating to Low Income Housing Tax Credit (LIHTC) facilities.
Acted as counsel for secured lender in numerous bankruptcy proceedings relating to real estate collateral collectively valued at more than $300 million and obtained lift stay relief, favorable 363 sale proceeds and/or successfully defended against plan confirmation attempting cram-down treatment.
Conducted numerous non-judicial foreclosure sales of commercial real estate properties totaling more than $250 million in sales proceeds.
Successfully represented condominium developer in various lawsuits dealing with claims arising under the Interstate Land Sales and Full Disclosure Act.
Successfully represented Fortune 500 IT services provider in dispute relating to multi-million dollar hospital/healthcare IT services relationship.
Successfully represented multiple, national insurers in life, health and disability litigation, including bad faith claims and ERISA matters.
Successfully obtained multiple temporary restraining order and temporary injunctions in commercial and employment-related litigation.
Successfully represented public healthcare company as lead counsel in dispute over defective backup software delivered by IT service provider.
Successfully represented national natural gas/propane provider as lead counsel in various real estate disputes.
Successfully represented sub-prime automotive lender in dispute over post-closing valuation issues arising under stock purchase agreement, including successful defense of appeals to the Dallas Court of Appeals and Texas Supreme Court relating to issues of arbitrability (see below).
Represented national seafood chain as debtor’s counsel in successful Chapter 11 reorganization.
Successfully represented CEO and Chairman of public company against claims brought by Texas Attorney General.
Successfully represented aircraft owner in lawsuit relating to engine repair and maintenance defects.
Obtained orders granting lender-selected court-appointed receiver over various real estate assets and managed operation and ultimate sale of assets in various states across the country.
HHT Limited Co. v. Nationwide Recovery Systems, Ltd., Case No. 05-11-01058-CV, 2013 Tex. App. LEXIS 6717 (Tex. App.—Dallas 2013) (affirming underlying jury verdict in favor of client on issue of sufficiency of evidence to support damages awarded).
In re AmeriCredit Financial Services, Inc., AmeriCredit Corp. and Bay View Acceptance Corp., Case No. 05-07-00241-CV, 2007 Tex. App. LEXIS 5459 (Tex. App.—Dallas 2007) (denying request for mandamus relief, which was upheld by Texas Supreme Court at Case No. 07-0583)
J.D., Southern Methodist University Dedman School of Law, 2004
B.A., The University of Texas at Austin, 2000
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas
U.S. Supreme Court
State Bar of Texas
Dallas Bar Association
Dallas Area Young Lawyers
Texas Young Lawyers Association
Legalease, The Legal 500 United States, Real Estate and Construction, 2016
Thomson Reuters, Texas Super Lawyers Rising Stars, 2014-2016
Member, Manager of Business Development, International Law Review, SMU Dedman School of Law