Richard S. Mitchell

Shareholder

Cleveland
1375 East Ninth Street
One Cleveland Center, 10th Floor
Cleveland, OH 44114
P 216.615.4831
F 216.623.0134
E rmitchell@ralaw.com



Richard S. Mitchell

Shareholder

Phone: (216) 615-4831
Fax: (216) 623-0134
Email: rmitchell@ralaw.com

Mr. Mitchell focuses his practice on all facets of complex business litigation, including shareholder disputes, Lanham Act violations, securities litigation, and emergency injunctions in non-competes and trade secrets. He has been lead trial counsel for cases in state and federal courts in Ohio and throughout the United States.

Representative Matters

  • Summary judgment granted in favor of majority shareholder, directors and officers in connection with dispute with minority shareholder
  • Summary judgment in favor of clients labeling adverse party a Vexatious Litigator under Ohio's statute
  • Lead trial counsel achieving directed verdict in favor of attorney/trustee accused of multiple breaches of fiduciary duty in connection with the administration of a trust
  • Summary judgment affirmed by Sixth Circuit in defense of copyright and spoliation claims
  • Lead trial counsel on a successful defense of preliminary injunction; court ruled that the name for a private label beauty product was not confusingly similar to that of the national brand and rejected the trade dress claim that the private label packaging too closely resembled the packaging of the national brand product
  • Lead trial counsel on a successful defense of a preliminary injunction; court ruled that the private label beauty product did not engage in false advertising by use of a compare to statement to the national brand
  • Dismissal of multi-million dollar claim as time-barred under the Sarbanes-Oxley Act for securities violations arising from the sale of viatical settlement investments
  • Successful representation of clients on matters before the U.S. Securities and Exchange Commission
  • Lead trial counsel achieving a jury verdict against a former employee and new employer for breach of non-compete and tortious interference
  • Preliminary injunction granted against competitor in the hand-held computer industry for violations of the Lanham Act for making false and misleading statements in connection with its wireless computer products
  • Summary judgment in defense of a federal securities fraud class action
  • Preliminary injunction granted against four former employees enforcing non-competition and confidentiality covenants
  • Lead trial counsel achieving defense jury verdict against a former employee for wrongful discharge
  • Overruling improper efforts of State of Utah to regulate the use of water heaters that provided both portable water and space heat

Accomplishments

  • Selected as BTI Consulting Client Service All-Star in Commercial Litigation (2011)
  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Named to The Best Lawyers in America© for Litigation - Securities (2017)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2004-2015)
  • Mandel Jewish Community Center of Cleveland, Member of Board of Trustees and various committees

Education

  • J.D., Case Western Reserve University School of Law
  • B.S., Tulane University, Business Management

Professional Affiliations

  • Cleveland Metropolitan Bar Association
  • Ohio State Bar Association

Publications

  • "PL Wins in Court" - Private Label Magazine

Presentations

  • "Covenants Not to Compete in Ohio" - Lorman Education Services
  • "Use Of Discovery Devices At Trial" - Litigation Institute

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