Mitchell Y. Mirviss

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

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
• Harvard Fellowship in Public Interest Law, Harvard Law School, 1985 – 1986

• The Best Lawyers in America, Appellate Practice, 2013 – 2021
• The Daily Record
  • Influential Marylanders, 2012 (Named one of top five lawyers)
  • Leadership in Law Award, Maryland, 2004
• Benchmark Appellate, Circuit Litigation Star, Fourth Circuit, Maryland, 2011, 2013 (Named one of the top three appellate practitioners; 2011 was the inaugural edition)
• Super Lawyers
  • Appellate Advocacy, Maryland, 2007 – 2008, 2013 – 2018
  • Appellate, Baltimore, 2013
  • Commercial Litigation, Maryland, 2007
• Marquis Who’s Who, Who’s Who in American Law, Appellate Practice, 2018
• Maryland Legal Services Corporation, Arthur W. Machen, Jr. Award, 2011 (Presented for “extraordinary commitment to increasing access to justice and improving the legal services delivery system for low-income Marylanders”)
• Maryland Equal Justice Council, Champion for Justice, 2016 (Presented 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)
• Maryland Legal Aid
  • Human Rights and Justice Champion, 2011 (One of 25 awardees for centennial celebration)
  • Executive Director’s Award for Exemplary Service, 2001 (Awarded to top advocate for Maryland Legal Aid Bureau)
• A Step Closer Foundation, Champion for Foster Children, 2011
• Pro Bono Resource Center, Pro Bono Hero Award, Maryland, 2005 (Awarded to Maryland’s top 15 pro bono attorneys over the previous 15 years)
• Maryland Department of Human Services, Citizens Review Board for Children, Champion for Children Award, 2005
• Maryland State Bar Association, People’s Choice Award, Pro Bono, 1992

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