Brian C. Mitchell

Brian is a recognized first-chair trial attorney who focuses on providing his clients with superior legal services, strategic thinking, and a results-driven approach, while offering practical solutions to their most difficult problems. Brian is one of the founding partners of Reed Smith’s Dallas office and previously served as the office’s first managing partner.

Experience

Representative matters

Obtained complete dismissal of a twelve-count complaint at the pleadings stage of complex multi-million dollar litigation for a consumer and commercial financial services provider.

Obtained judgment for an E&P company following bench trial in bankruptcy adversary proceeding determining mineral liens invalid, resulting in award of over $20 million

Obtained $4 million jury verdict for national debt collection agency in Collin County against former employees and their subsequent employer for breach of contract, tortious interference and misappropriation of trade secrets

Obtained complete dismissal of a twelve-count complaint at the pleadings stage of complex multi-million dollar litigation for a consumer and commercial financial services provider.

Obtained judgment for an E&P company following bench trial in bankruptcy adversary proceeding determining mineral liens invalid, resulting in award of over $20 million

Obtained multiple directed verdicts and take-nothing defense verdict in favor of restaurant chain and its individual owners against claims of breach of contract, fraud and negligent misrepresentation

Obtained complete plaintiff’s jury verdict as lead counsel in favor of owner/operator in case relating to dispute over purchase of nursing home facility and earnest money in connection with same

Successfully defeated request for temporary injunction in connection with large entertainment venue project involving payment of $44 million for large Texas municipality

Obtained $1.5 million arbitration award following three-day AAA arbitration hearing for group of homeowners against builder and individual owners of building company for construction defects, fraud and violations of the DTPA, including award of treble damages

Lead counsel for group of 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 Statute by institutional pharmacy provider that resulted in settlement of claims in excess of $65 million

Obtained complete defense jury verdict in favor of national financial services company against claims of breach of contract, quantum meruit and fraud relating to marketing business dispute

Regularly represent multiple, large-scale senior living facilities in connection with construction disputes with general contractor

Represented owner/developer of $300 million convention hotel in connection with construction disputes with general contractor and various subcontractors

Obtained defense jury verdict in favor of national printing company in case relating to claims of breach of contract, tortious interference and fraud in connection with 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

Defended national financial services company as lead counsel before National Arbitration Forum against claims for breach of contract, conversion and wrongful foreclosure

Successfully represented national bank as lead counsel in putative class action arising under the ADA

Obtained temporary restraining order, temporary injunction, sequestration and $4.5 million judgment for private equity firm 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 institutional investor in partnership dispute relating to Low-Income Housing Tax Credit (LIHTC) facilities valued at over $100 million

Completed successful workouts in and out of court resulting in 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 over IT services relationship relating to multimillion-dollar hospital and health care services

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 for multiple national and community banks

Successfully represented public health care company as lead counsel in dispute over defective backup software delivered by IT service provider

Successfully represented national natural gas and 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

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

Recognitions

Recognized in The Legal 500 US for Construction (including Construction Litigation), 2016, 2018
Named to Benchmark Litigation’s 40 & Under Hot list, Euromoney Institutional Investor PLC, 2017-2018
Selected for inclusion in the Texas Super Lawyers Rising Stars list for Business Litigation, 2014-2017

Credentials

Education

Southern Methodist University, Dedman School of Law, 2004, J.D., International Law Review, Member; Manager of Business Development
University of Texas, 2000, B.A.