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Chad Mitchell


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J. CHAD MITCHELL

Litigation/International/Environmental Attorney
(206) 676-7000

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Practice: Chad Mitchell has extensive experience handling complex commercial disputes and advises on environmental matters both foreign and domestic.

Experience: Chad has tried cases in state and federal courts, and before international tribunals. Chad joined us from Kirkland & Ellis LLP in Chicago.

Representative international engagements:

  • Defending Taiwanese company in $80 million toxic tort class action lawsuit, the first of its kind in Taiwan.
  • Defended Greek company in $85 million International Chamber of Commerce (ICC) arbitration in London regarding privatization of satellite imaging.
  • Represented one of the world’s leading manufacturers of household products in a post-closing purchase price adjustment before a German arbitral tribunal (ICC.)
  • Represented auto-industry OEM in post-closing purchase price adjustment dispute against French company in ICC arbitration seated in Toronto.
  • Represented client in challenges and response to cleanup orders from Taiwan’s regulators and oversight of cleanup of former manufacturing facility in Taiwan.
  • Drafting and negotiating arbitration provisions in commercial agreements.
  • Advising on the recognition and enforcement of foreign judgments.

Representative domestic engagements:

  • Numbers Licensing, LLC v. bVisual USA, Inc. (E.D. Wa.): Defeated motion for preliminary injunction (reported at 643 F. Supp. 2d 1245) and successfully settled matter for defendants.
  • Winthrop Construction Inc. v. Terra Blanca Vintners, Inc. (Wa.): Using streamlined arbitration proceeding, obtained favorable award for plaintiff, including nearly $250,000 in attorneys’ fees and costs.
  • International Game Technology v. Casino Data Systems, Inc. (D. Nev.): Counsel for plaintiff electronic gaming manufacturer in lawsuit for patent infringement claims and defended against anti-trust counterclaims.
  • Shapo v. Engle (N.D. Ill.): Defended client against $200 million RICO claims in connection with liquidation of Illinois insurance company. Successfully had complaint against client dismissed.
  • Independent Trust Corp. v. Capriotti (Ill.): Represented plaintiff, as receiver for Illinois trust company. Obtained $68 million summary judgment rulings for fraud, breach-of-contract and breach-of fiduciary-duty claims.
  • In re Exide Technologies, Inc. (Bank. D. Del.): Represented debtor at Bankruptcy Confirmation Hearing for public company with over $2.5 billion in revenues.
  • Miller v. Material Sciences Corporation (N.D. Ill.): Defended public company in securities fraud class action.
  • Represented multiple clients in connection with post-closing purchase price adjustment disputes.

Environmental matters:

  • Advised client on response to cleanup orders from Taiwan’s regulators (EPA and EPB) and remediation of former manufacturing facility in Taiwan.
  • W.R Grace & Co. v. Goodyear Tire and Rubber Co. (W.D. Mich.): Successfully obtained summary judgment for plaintiff seeking contribution for responding to an EPA emergency administrative order under the Safe Drinking Water Act.
  • Represented client in federal (C.D Ill.) and state (Ill.) cost recovery lawsuits and federal grand jury investigation (C.D. Ill.) in connection with environmental incident resulting in a fish kill.
  • Represented multiple clients in connection with CERCLA actions and environmental regulatory matters.

Education: Eastern Oregon University (B.S., College Honors Graduate, 1995); J. Reuben Clark Law School, Brigham Young University (J.D., magna cum laude, 1998); BYU Law Review, Executive Editor

Memberships and Service: International Litigation Committee of the Litigation Section of the ABA; IBA’s North American Regional Forum; United States Council for International Business, Arbitration Committee; City of Richland’s Housing and Community Development Advisory Committee; Richland School District’s School Safety Committee; Volunteer Leader, Boy Scouts of America; President of the Natural Resources Law Forum; J. Reuben Clark Law School Board of Visitors

Recognition and Awards:

  • Named a Rising Star (under 40) by Illinois’ Super Lawyers Magazine (Feb. 2008)
  • Order of the Coif
  • Brigham Young University Faculty of Law Award for Meritorious Achievements and Distinguished Service 1998
  • J. Reuben Clark Law School Scholarly Writing Award 1998 for Amortization and the Takings Clause: A Search for Fairness
  • Trial Advocacy Team, J. Reuben Clark Law School, Winner Winter Trial Advocacy Competition, 1996
  • EOU Defensive Player of the Game vs. Whitworth College
  • First Team All-State High School Football, Seattle P-I and Tacoma Tribune, 1990

Publications and Presentations:

  • Comment, An Alternative Approach to the Fourth Amendment in Public Schools: Balancing Students' Rights with School Safety, 1998 BYU L. REV. 1277
  • Robert H. Freilich, Planning Blight: The Anglo American Experience, URB. LAW., Spring 1997, at vii
  • “Arbitration Options for Cross-Border Transactions and the Two-Minute Drill” Center for International Legal Studies, February 2006
  • “The Balancing Act: Work and Family” J. Reuben Clark Law Society, University of Illinois Student Chapter, November 2005
  • “A Personal Jurisdiction Dilemma: Collateral Attacks on Foreign Judgments in U.S. Enforcement Actions” Center for International Legal Studies, December 2007
  • J. Chad Mitchell, A Personal Jurisdiction Dilemma: Collateral Attacks on Foreign Judgments in U.S. Recognition Proceedings, Brigham Young University International Law & Management Review, Volume 4, Spring 2008, 123

Admissions:

  • Illinois 1998
  • Washington 2007
  • United States District Court for the Northern District of Illinois 1998
  • United States District Court for the Western District of Michigan 1999
  • United States Court of Appeals for the Third Circuit 1999
  • United States District Court for the Eastern District of Wisconsin 2002
  • United States District Court for the District of Colorado 2004
  • Unites States District Court for the Central District of Illinois 2007
  • United States District Court for the Eastern District of Washington 2008