Richard A. Mitchell

Partner

Direct: 404.873.8792
Fax: 404.873.8793
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Rick is a partner in the Litigation & Dispute Resolution and Employment practices and a member of the Retail industry team. He defends regional and national companies in all industries, including healthcare, retail, life sciences, medical device, commercial lending, construction, energy, technology, and real estate. His clients include national Fortune 100 and 500 companies, as well as local and regional mid-sized businesses. With a reputation for smart defense strategies and aggressive offense strategies, Rick handles a variety of complex business litigation matters. Rick strives to provide superior client service and to achieve successful, cost-effective results.

On the employment side, Rick’s experience includes advising and training employers, drafting employment agreements, and representing parties in a full range of employment litigation, including claims involving discrimination and harassment, restrictive covenants, employee benefits, trade secrets, and employment contracts. Rick has experience practicing before the Equal Employment Opportunity Commission.

Rick has substantial first-chair jury and bench trial experience, successfully handling cases in both state and federal courts, as well as in arbitrations. In addition, as an advocate of alternative dispute resolution, Rick has mediated over 100 cases.

As a native Bostonian, Rick is an avid fan of all the teams in Titletown, including the Red Sox, Patriots, and Celtics.

Related Services

Related Industries

Experience

  • Successfully defended a medical device manufacturer in federal court bench trial against claims for breach of a license agreement and assertion of over $10 million in damages. Unlike a typical breach of contract claim, the issues in this case required proving patent non-infringement and tendering expert testimony in a highly niche area of x-ray technology.
  • Successfully secured an injunction precluding the enforcement of non-competition covenants against two employees of Personnel Options, a prominent staffing company in metro Atlanta. After a lawsuit was filed against our client in Ohio, we secured an immediate restraining order in Georgia and then a rapid judgment in favor of our client that concluded both lawsuits within three months. During that short period of time, we navigated the lawsuits through four separate courts and multiple hearings, all leading to a fully successful outcome for Personnel Options.
  • Successfully defended Shane’s Rib Shack against a franchisee who sued for wrongful termination of the franchise agreement.
  • Successfully obtained an order granting summary judgment for insurance agent who was sued for negligence and breach of fiduciary duty after its client suffered an uncovered loss.
  • Represented largest MBE in the Hartsfield-Jackson Atlanta International Airport with various concessionaire disputes.
  • Defended UHS-Pruitt Corporation in a two-week nursing home liability jury trial, obtaining a favorable result on behalf of the client.
  • Actively negotiated over 50 cable franchise agreements for Verizon Communications in New York and Pennsylvania.
  • Successfully obtained an arbitration award defending Parkside Crossing 300, LLC, an office developer, in a construction arbitration dispute.
  • Coordinated the nationwide defense for a major medical device manufacturer, in a series of product liability lawsuits.
  • Represented a freight forwarder in a claim brought by a subrogated insurer for alleged damages to cargo.
  • Served as lead counsel to Atlanta Housing Authority, an affordable housing provider, in a myriad of state and federal actions.
  • Successfully obtained a $15-million judgment for SunTrust Bank against a borrower and guarantors. The judgment was affirmed on appeal.
  • Successfully obtained a jury defense verdict defending United Water, a provider of water and waste water management solutions, in a multimillion-dollar civil lawsuit.
    Client Successes

    Credentials

    Education
    • University of Virginia School of Law, Juris Doctor
    • University of Virginia, Bachelor of Science,
      with Distinction
    Admissions
    • State of Georgia – 1996
    • Commonwealth of Virginia – 1995
    Court Admissions
    • Georgia Court of Appeals
    • Supreme Court of Georgia
    • United States District Court for the Northern District of Georgia
    • United States Court of Appeals for the Eleventh Circuit

    Recognition

    • AV Preeminent®, Martindale-Hubbell Peer Review Ratings
    • “Rising Star,” Georgia Super Lawyers, 2005

    News & Insights

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