"As our counsel, Mitchell Milby has steered our architectural design firm through all kinds of legal issues. Our work can be local or international, and Mitchell has the knowledge to meet our needs on every level."
Mitchell S. Milby
An accomplished trial attorney and trusted advisor for over a decade, Mitchell focuses his practice in business law, including entity formation, business negotiations and contract drafting, and trial work arising out of business disputes. He has represented foreign and domestic corporations, Dallas-area businesses, municipal government, and individuals for over a decade. He has tried over 80 cases to verdict during his career.
Verdicts and Settlements:
Gainesville Independent School District v. Raymond L. Darrow, et al., cause no. 07-408, in the 235th Judicial District Court, Cooke County, Texas, (defense of contractor in a complex, multi-party construction defect lawsuit [$1.4 million damages claim] resulted in dismissal of all claims - no settlement money paid)
Architettura, Inc. v. DBSI Cumberland at Granbury, LP, et al, action no. 3:07-cv-1849-M, in the United States District Court for the Northern District of Texas Dallas Division (defense of copyright infringement claim on behalf of architectural firm resulted in dismissal of all claims - no settlement monies paid).
Global Fitness and Health, L.P. dba Protosource Protein Supplements v. John Walton, individually, et al, cause no. 07-03514, in the 101st Judicial District Court, Dallas County, Texas (prosecution of business/contract dispute on behalf of products manufacturer resulted in pre-trial recovery of all actual damages plus attorneys’ fees).
Advanced Exteriors, Inc. v. Roberts Roofing and Construction and James Roberts, cause No. GN 503970, in the 53rd Judicial District Court of Travis County, Texas (prosecution of business/contract dispute on behalf of building contractor resulted in recovery of all actual damages plus attorneys’ fees and interest).
TNT Amusements, Inc. v. Georgia Eakins and Pamela Rohr, cause no. 401-3304-05, in the 401st Judicial District Court of Collin County, Texas (defense of noncompete and theft of trade secret claim, including criminal theft charges, resulted in dismissal of all civil and criminal charges - no settlement monies paid).
Representative Litigation:
* coverage -- opinions/disputes
* professional negligence litigation - defense of architects, engineers, and accountants;
* design and construction defect litigation;
* covenants not to compete;
* business and contract litigation;
* shareholder litigation;
* intellectual property litigation;
* defense of products liability claims;
* defense of premises liability claims;
* environmental contamination / toxic tort litigation.
Representative Clients:
* 5Gstudio_collaborative, llc
* Warren S. Wilke & Associates, Inc.
* Cross Development, Inc.
* Cross Architects, PLLC
* Partners in Architecture, Inc.
* Hamilton Duffy, P.C.
* Lippe and Associates Consulting Engineers, Inc.
* AG&E Associates, PLLC
* G and S Consulting Engineers, LLC
* Roberts Roofing and Construction, LP
* Mercury Capital Partners
* Cinco Media Communications, Inc.
* NISSI Investments, LLC
* XL Insurance – Design Professional
* St.Paul/Travelers Insurance
* Hudson Insurance Group
* Evanston Insurance
Honors and Awards:
Mitchell has been recognized as a “Best Lawyer Under 40,” D Magazine, and he is an AV-rated attorney, Martindale-Hubble.
Mitchell is also a Fellow in the Texas Bar Foundation, a distinction held by only the most respected members of the State Bar (less than 1/3 of 1% of the membership of the State Bar is nominated annually). In his first year of practice he received the Dallas Association of Young Lawyers Special Recognition Award.
Mitchell is a Primerus member (International Society of Law Firms, www.primerus.com)
Publications and Lectures:
He is a regular instructor at continuing education courses for architects and lawyers, including:
* American Institute of Architects
* Dallas Bar Association
* North Dallas Bar Association
* Collin County Bar Association
* Texas Association of Paralegals
Mitchell is also a recognized lecturer and author on a wide variety of legal issues. He is a regular contributor to the AIA magazine, “Columns.” His opinions have been published in the “Dallas Business Journal,” “Texas Bar Journal,” the “Texas Lawyer,” and the Dallas Bar Association “Headnotes.”
He has also presented business planning seminars to the Financial Planning Association and the City of Irving. His publications and lectures include:
* Contracts for Engineers (University of Texas - Arlington, 2009)
* Legal Report (AIA Columns, 2009)
* Copyrights and Architectural Works - Been There and Done That? (AIA Continuing Education, 2009; AIA Columns, 2008)
* Lien Rights for Architects in Texas (AIA Continuing Education, 2009; AIA Columns, 2008)
* AIA Contract Review (AIA Continuing Education, 2008, 2009; AIA Columns, 2008)
* Are You Ready for Your Own Firm? (AIA Columns, 2008)
* It's Not Easy Getting (or Being) Green (AIA Columns, 2008)
* High Rise Does Not Have to Mean High Risk (AIA Columns, 2008)
* Selecting Your Business Entity in Texas (Irving Business Institute - 2006, 2007)
* Business Succession Planning (Continuing Education, Dallas Bar Association, Dallas Legal Clinic, and North Dallas Bar, 2006, 2007)
* Covenants Not to Compete - Drafting Tips for Attorneys (Continuing Education, 2007)
* New Year, New Rules (Dallas Business Journal, 2006)
* Cash Flow Management for Lawyers (Texas Bar Journal, 2006)
* HB 1319 Changes (Texas Lawyer, 2005)
* Covenants Not To Compete: Good News And Bad News For Texas Employers (Labor & Employment Observer, 2002)
Professional Affiliations:
* State Bar of Texas, Business Section
* Federal Court – Northern, Eastern, and Southern Districts of Texas
* Dallas Bar Association, Construction Section
* Director (former), Dallas Association of Young Lawyers
* American Institute of Architects, Professional Affiliate
* Society of Former Special Agents of the Federal Bureau of Investigation, Member
Education:
NORTHWESTERN SCHOOL OF LAW, LEWIS AND CLARK COLLEGE
1994 Juris Doctorate; Honors: Certification in Environmental and Natural Resources Law
VANDERBILT UNIVERSITY
1991 Bachelor of Arts with honors: Cum Laude; Additional Honors: Dobro Slovo (Russian honorary)
Mitchell is also an Ironman Triathlon finisher, a two-time finisher of the Portland Marathon, a finisher of the Dallas White Rock and San Antonio Marathons, and holds several awards for running races in Texas and Oregon, where he attended law school.