Richard A. Mitchell

Partner

Fax: 404.873.8793

Biography

Rick is a partner in the firm’s Litigation and Employment practices and 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 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, 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 substantial first chair jury and bench trial experience, successfully handling cases in both state and federal courts.

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’s 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.

Credentials

  • University of Virginia School of Law, Juris Doctor — 1995
  • University of Virginia, Bachelor of Science — 1990,

    with Distinction

  • State of Georgia 1996
  • Commonwealth of Virginia 1995
  • 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

  • Martindale Hubbell AV Preeminent Rating
  • “Rising Star,” Georgia Super Lawyers (Business Litigation, Employment & Labor, Construction Litigation), 2005

News & Insights