Michael W. Mitchell
USA Guide 2023
Band 3 : Litigation: General Commercial
Email address
[email protected]Contact number
(919) 821-6670Share profile
Band 3
About
Provided by Michael W. Mitchell
Practice Areas
Mr. Mitchell is a trial and appellate lawyer with 30 years of experience in state and federal courts. He advises clients on business strategies for resolving complex disputes. He regularly manages all types of complex business litigation, including intellectual property and ERISA litigation. He has tried cases in all three federal districts in North Carolina and in numerous counties across the State. He routinely handles cases in the North Carolina Business Court, and cases designated as Exceptional by the North Carolina 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. He is a pro bono appellate attorney for the Guardian ad Litem program, with cases currently pending before the North Carolina Court of Appeals.
Career
Smith Anderson Co-Chair, Litigation; Smith Anderson Co-Chair, Intellectual Property Litigation Group. Honors include listing in Best Lawyers in America, Benchmark Litigation (North Carolina Litigation Star 2013-2023), Business North Carolina Legal Elite, and North Carolina Super Lawyers (2011-2023 and Ranked Top 100 in 2013, 2015, and 2016). Former law clerk, Honorable Frank W. Bullock, Jr., United States District Court for the Middle District of North Carolina.
Professional Memberships
Admitted to practice in North Carolina (1989); Member, Chief Justice’s Rules Advisory Commission (2019-2023); 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; Past Co-Chair, Administration of Justice Committee; Past Co-Chair, Bench Bar Liaison Committee, North Carolina Bar Association; Member, Board of Directors, Veterans Life Center of North Carolina; Member, Board of Directors, Wake County Economic Development (WCED); Past Member, North Carolina Commission for the Administration of Law and Justice; and Past Member, North Carolina General Statutes Commission.
Publications
“Not Playing Games: Trademark Dispute Between Gaming Equipment Rivals Reaches Federal Appeals Court,” 01.25.2023; “Common Sense Isn’t Dead in Statutory Construction, Even When Statute Is Unambiguous,” 11.17.2022; “Alcohol Regulation Holds Special Place in U.S. Constitution: Fourth Circuit Reviews State Ban on Direct-to-Consumer Wine Sales,” 07.19.2022; “Marriott Investor’s Security Fraud Claims Arising From Data Breach Rejected by Fourth Circuit,” 05.18.2022; “Two Cases Involving Personal Vehicles Lead the Way on Personal Jurisdiction,” 03.24.2022; “Be Careful What You Include in a Settlement: 4th Circuit Blocked Future Litigation on a Related Issue,” 12.03.2021; “Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private Property,” 09.20.2021; “Misclassifying Claims Can Lead to ERISA Liability for Administrators and Others,” 07.07.2021; “Fourth Circuit Stays Away from Reviewing Arbitration Award,” 05.11.2021; "Where Can We Be Sued? The Supreme Court Steers Away from a Clear Answer in Ford Motor Co.," March 2021; "Employee Transfers May Be Considered 'Adverse Actions': Fourth Circuit Provides Guidance," December 2020; "Helpful But Prejudicial Trial Evidence May Come at a Cost," October 2020; "Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation," August 2020; "'This Has to Stop': Federal Appeals Court Weighs in on Police Brutality," July 2020; "Federal Court Ruling Limits Punitive Damages Awards for Sexual Harassment," June 2020; "Supreme Court Holds Willfulness Not Required for Recovery of Trademark Infringer’s Profits," May 2020; "Personal Jurisdiction Does Restrict Where a Corporation Can Be Sued," April 2020; "Contracts and COVID-19," March 2020; "Fourth Circuit Considers Limits of Federalism," February 2020; "Attorney-Client Privilege Is Worth Fighting For," December 2019; "Fourth Circuit Rules Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use'," October 2019. (Partial listing.)
Personal
JD - Wake Forest University (1989)(Law Review); BA - Wake Forest University (1986). Member, Board of Directors, North Carolina Business Committee for Education; Member, Wake County Economic Development Board.
Discover other Lawyers at
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP
North Carolina
