Mitchell Y. Mirviss

Partner
Mirviss Mitchell
Mitch Mirviss is co-chair of Venable's Appellate Litigation Group. Mitch handles appellate and commercial litigation, tackling a wide array of complex legal issues in both federal and state courts, including the U.S. Supreme Court, federal appellate courts, Maryland appellate courts, and state and federal trial courts. He represents clients in complex litigation matters, focusing on commercial torts and punitive damages, complex financial transactions and other commercial matters, product liability, constitutional law and civil rights, intellectual property, children's rights, and disability issues.

With three decades of appellate experience, including more than sixty cases in the Maryland appellate courts, Mitch has prevailed in matters at every level of appellate practice: the U.S. Supreme Court, federal circuit courts of appeal, and the Maryland Court of Appeals and Court of Special Appeals. He has successfully served as lead appellate attorney in numerous product liability, commercial tort, and children's rights cases, and has written winning briefs in these and many other areas.

In addition to his commercial work, Mitch is well-known for his pro bono work and involvement in community affairs and children's causes. He has represented thousands of Baltimore City foster children in a long-standing federal class action since 1988, is co-counsel for plaintiffs in a long-running case addressing constitutional requirements for funding of public education, and has successfully litigated a statewide constitutional right to legal representation at all bail proceedings.

Experience

Representative Matters

  • Handled complex corporate finance and fraud issues arising out of the Enron bankruptcy, writing the briefs that defeated legal challenges to Enron's actions to recover more than $2 billion paid for derivative transactions, commercial paper, energy trading, and various fraudulent credit facilities
  • Represented the majority owners of the Atlanta Hawks, Atlanta Thrashers, and Philips Arena in a high-profile $600 million fight for control of the teams and the arena , and drafted the Maryland appellate briefs that reversed a trial court judgment divesting the majority owners of their ownership rights with minimal compensation
  • Wrote successful briefs and/or argued seven punitive damage appeals in federal and Maryland courts that vacated jury verdicts of $1 million to $200 million and rejected the underlying tort claims, including Thompson v. UBS Fin. Servs. Inc., 443 Md. 47 (2015); VF Corp. v. Wrexham Aviation Corp., 350 Md. 693 (1998); and Alexander & Alexander Inc. v. B. Dixon Evander & Assocs., Inc., 336 Md. 635 (1994)
  • Successfully argued and briefed a major Fifth Amendment case before the U.S. Supreme Court, Maurice M. v. Bouknight, 493 U.S. 549 (1990)
  • Co-drafted the winning briefs in Howard Delivery Serv., Inc. v. Zurich Am. Ins. Co., 547 U.S. 651 (2006), a widely cited bankruptcy-law decision
  • Co-drafted amicus briefs for numerous U.S. Senators in Fisher v. University of Texas at Austin, 579 U.S. ---, 136 S. Ct. 2198 (2016), and 570 U.S. 297 (2013), supporting affirmative action in higher education admissions

Insights

Credentials
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Education

  • J.D. cum laude Harvard Law School 1985
  • B.A. magna cum laude Yale University 1978

Bar Admissions

  • Maryland
  • District of Columbia

Court Admissions

  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. Supreme Court

Professional Memberships and Activities

  • Member, American Bar Association, Maryland State Bar Association, Bar Association of Baltimore City

Recognition
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  • Listed in The Best Lawyers in America, Appellate Practice, 2013 - 2019
  • Named one of top five lawyers, "Influential Marylanders," Daily Record, 2012
  • Named one of top three Maryland appellate practitioners in the Fourth Circuit, Benchmark Appellate 2011 (inaugural edition), 2013
  • Listed in Maryland Super Lawyers, Appellate Advocacy, 2007, 2008, 2013 - 2018; and in Commercial Litigation, 2007
  • Named to Marquis' Who's Who in American Law, 2018, for appellate practice
  • Listed in Super Lawyers Business Edition, Appellate, Baltimore, 2013
  • Recipient, Maryland Leadership in Law Award, Daily Record, 2004
  • Recipient, Arthur W. Machen, Jr. Award, Maryland Legal Services Corporation, 2011 – for "extraordinary commitment to increasing access to justice and improving the legal services delivery system for low-income Marylanders"
  • Named 2016 Champion for Justice, Maryland Equal Justice Council, for In re Adoption/Guardianship of Dustin R., 445 Md. 536 (2015), which affirmed judicial power to order life-sustaining services for extremely medically fragile individuals
  • Named Top 25 Human Rights and Justice Champion, Maryland Legal Aid, one of 25 awardees for centennial celebration, 2011
  • Named a Champion for Foster Children, A Step Closer Foundation, 2011
  • Recipient, Pro Bono "Hero" Award, Maryland Pro Bono Resource Center (PBRC), 2005 – awarded to Maryland's top 15 pro bono attorneys over the previous 15 years
  • Recipient, Champion for Children Award, Maryland Citizens' Review Board for Children, 2005
  • Recipient, Executive Director's Award for Exemplary Service, 2001 – awarded to top advocate for Maryland Legal Aid Bureau
  • Recipient, People's Choice Award for Pro Bono, Maryland State Bar Association (MSBA), 1992
  • Recipient, Harvard Fellowship in Public Interest Law, 1985 - 1986

Community
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Pro Bono

  • Extensive pro bono work in children's rights, civil rights, education, domestic violence, disability rights, and voting rights matters
  • Served as lead counsel since 1988 for class of up to 10,000 Baltimore foster children in litigating and monitoring federal consent decrees requiring broad protections for safety and well-being; efforts helped reduce the number of children in foster care by 80%. L.J. v. Wilbon, 633 F.3d 297 (4th Cir.), cert. denied sub nom., Dallas v. L.J., 132 U.S. 757 (2011) 
  • Successfully litigated constitutional and statutory challenges to Maryland's denial of counsel at bail hearings. Clyburn v. Richmond, 438 Md. 690 (2014); DeWolfe v. Richmond, 434 Md. 444 (2013); DeWolfe v. Richmond, 434 Md. 403 (2012)
  • Negotiated comprehensive system for protecting against and investigating sexual assaults in state hospitals, mental institutions, and other health facilities as settlement in Doe v. Md. Dept. of Health & Mental Hygiene (failure to protect woman with intellectual and emotional disabilities from repeated sexual assaults) 
  • Reversed long-standing precedent regarding nuptial agreements and marital property in appeal described as worst case of financial and psychological abuse in Maryland appellate history. McGeehan v. McGeehan, 455 Md. 268 (2017)
  • Established judicial power to order state agencies to provide services to foster children, including life-sustaining services to medically fragile child and for jurisdiction to continue past age 21 to enforce order. In re Adoption/Guardianship of Dustin R., 445 Md. 536 (2015) 
  • Established property guardian's right to take discovery and investigate possible misconduct of attorneys representing severely disabled child in medical malpractice actions. Ashcraft & Gerel v. Shaw, 126 Md. App. 325 (1999)

Volunteerism

  • Three-time president and 21-year member, board of directors, Advocates for Children & Youth, Inc., a statewide advocacy organization for Maryland children's issues
  • Former member, board of Disability Rights Maryland (formerly Maryland Disability Law Center), 11 years