Heather L. Mitchell

Counsel
Mitchell Heather
Heather Mitchell is a seasoned litigator with extensive experience representing businesses in complex commercial litigation, including contract disputes, trust and estate litigation, education law, internal corporate investigations, and matters arising under the federal securities laws. Heather is a trusted advisor to her clients, assisting individuals and businesses in resolving personal and professional disputes in the most efficient and effective manner possible. Whether that means resolving a disagreement before litigation arises, or taking the fight to a jury verdict, she provides counsel at every step. She has represented clients in matters in the Maryland state courts, and in federal courts in Florida, Pennsylvania, and California.

Heather regularly takes and defends depositions; argues motions and other matters before courts; and counsels clients on litigation strategy. She handles overall case management for large commercial disputes, including communicating and negotiating with opposing counsel regarding case scheduling; case management; protective orders and settlement terms; communicating with clients regarding factual development of a case; drafting motions and other papers submitted to the court; managing the collection, review, and production of hundreds of thousands of documents; dealing with vendors involved in the electronic discovery process; and supervising associates and paralegals in document review, and drafting motions and discovery responses.

Experience

Representative Matters

  • Defended a health services company in a six-day jury trial against its former chief financial officer, who had sued for breach of contract. The jury found in the employer's favor on one of the two claims and awarded the former employee only half of the damages sought
  • Representing a national men's clothing company in litigation against a group of its franchisees. The case is pending in the United States District Court for the District of Maryland
  • Representing a Maryland-based developer in CERCLA claims and other environmental- based state law claims. The case is currently pending in the United States District Court for the District of Maryland
  • Represents a local board of education on a variety of matters, including advice on compliance with the Maryland Open Meetings Act; defense of the board against a complaint brought under the Act, with favorable results; and counseling on matters presented to the board in its quasi-judicial role, including appeals of student disciplinary matters, denials of school transfers, complaints from the public, and personnel matters
  • Represented the beneficiary of a trust in a five-day arbitration that resulted in the trustees of the trust being removed for conflict of interest
  • Served as part of the trial team that represented a national healthcare financing lender in a two-week jury trial involving breach of contract and quasi-contract claims against a multinational financial institution, resulting in a verdict in favor of the client
  • Represented a special litigation committee of a national healthcare company. The representation included investigating whether the company should pursue claims against members of its board of directors and certain former officers, arising out of claims that the company violated applicable healthcare regulations
  • Represented the children of a decedent in a three-day trial in the Baltimore County Orphan's Court against the decedent's business partner, asking to have the business partner removed as the decedent's personal representative based on a conflict of interest, and to have the decedent's estate properly valued. The trial resulted in removal of the business partner, and the court accepted the re-valuation of the decedent's holdings
  • Represented the Baltimore-Washington Conference of the United Methodist Church in an employment action by a former minister, in a three-day trial in the Howard County Circuit Court; the Church won on all counts
  • Assisted with the representation of a former CEO and president of a major financial services firm in derivative litigation challenging the president's severance package

Insights

Credentials
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Education

  • J.D. University of Virginia School of Law 2002
  • B.A. History summa cum laude, with distinction James Madison University 1997
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Bar Admissions

  • Maryland

Court Admissions

  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of Maryland

Clerk Experience

  • Honorable Benson E. Legg U.S. District Court for the District of Maryland 2002 2003

Professional Memberships and Activities

  • President, Board of Directors, Court Appointed Special Advocates for Children, Baltimore County
  • Selected by former United States Attorney General and Venable partner Benjamin Civiletti to support the chair of the Maryland Commission on Capital Punishment — assisted with selection of witnesses to testify before the Commission, interacted with all members of the Commission, conducted extensive research on Maryland's use of the death penalty, and wrote two portions of the Commission's final report
  • Member, Howard County Republican Central Committee, 2007 - 2011

Community
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Volunteerism

  • Member, Board of Directors, Maryland Humanities
  • Member, Board of Directors, Baltimore Curriculum Project
  • Former member, Leukemia & Lymphoma Society's Hike program, "Team in Training Hike" — raised more than $20,000 between 2007 and 2009 to help fight leukemia, in honor of the late Senator Bob Kittleman