Mitch-Milby_bio

Member

mmilby@milbyfirm.com | vcard

A Tarrant County resident, Mitchell is an accomplished trial attorney and trusted advisor for two decades and has represented foreign and domestic corporations, Dallas-area businesses, municipal government, and individuals. He has tried more than 100 cases to verdict during his career.

Verdicts and Settlements

Ana Lilia Flores, et al. vs. Oscar Renda Contracting, Inc., et al, 191st Judicial District Court of Dallas County, Texas

  • Defense of $13,000,000 wrongful death case vs. client structural engineering firm
  • Result: no liability for client following five-week jury trial

Garland Dollar, LLC v. Reeves Development, LLC, et al, United States District Court for the Northern District of Texas

  • Defense of professional negligence lawsuit (under-designed drainage study) against client structural engineering firm
  • Result: dismissal of all claims (no settlement money paid) 8 months after suit filed

iFormation Services, Inc. v Sable Computer, Inc. and Eric Wing, in the 366th Judicial District Court, Collin County, Texas

  • Prosecution of business dispute (software company asset sale)
  • Result: jury verdict for client and recovery of all damages from defendant buyer plus attorneys fees

Gainesville Independent School District v. Raymond L. Darrow, et al., in the 235th Judicial District Court, Cooke County, Texas,

  • Defense of construction defect lawsuit ($1.4 million damages)
  • Result: dismissal of all claims (no settlement money paid) 8 months after service

Architettura, Inc. v. DBSI Cumberland at Granbury, LP, et al, in the United States District Court for the Northern District of Texas Dallas Division

  • Defense of copyright infringement claim against architecture firm
  • Result: dismissal of all claims (no settlement monies paid) 8 months after service

Lane Valente Industries (Natl) Inc. v. Williams & Frost Construction Services, LLC, et al, in the 367th Judicial District Court, Denton County, Texas

  • Defense of non-compete agreement filed against contractor
  • Result: dismissal of all claims (no settlement money paid)

Jeremy A. Daum and Blitzwekco, L.L.C. v. Geldwerk, et al, 160th Judicial District Court, Dallas County, Texas

  • Defense of professional negligence lawsuit against accounting firm
  • Result: dismissal of all claims (no settlement money paid)

Representative Litigation

  • Professional liability defense (architects, engineers, accountants)
  • Construction/design defect litigation
  • Environmental litigation
  • Intellectual property litigation
  • Products liability defense
  • Premises liability defense
  • Commercial litigation (including non-compete covenants)
  • Corporate law
  • Contract drafting and review
  • Intellectual property law

Representative Clients

  • CNA
  • Evanston Insurance/Markel
  • HCC Specialty
  • Hudson Insurance Group
  • XL Insurance – Design Professional
  • Travelers Insurance
  • 5G Studio Collaborative, LLC
  • Williams & Frost Construction Services, LLC
  • Curtis Group Architects, LP
  • Tri-Lam Roofing and Waterproofing, Inc.
  • GroupStructural Engineers, Inc.
  • Warren S. Wilke & Associates, Inc.
  • Cross Architects, PLLC
  • Partners in Architecture, Inc.
  • Select Roofing
  • Springtree Roofing and Reconstruction
  • Hamilton Duffy, P.C.
  • Lippe and Associates Consulting Engineers, Inc.
  • AG&E Associates, PLLC
  • Cinco Media Communications, Inc.
  • NISSI Investments, LLC
  • Global Tractor Company, LLC
  • Elements of Architecture, Inc.
  • T. Howard + Associates

Honors and Awards

Mitchell Milby has achieved one of law’s most distinctive honors: A-V®Preeminent™ 5.0 out of 5, according to the standard-setting Martindale-Hubbell® Peer Review Ratings™ that measures the highest levels of ability and ethical integrity for lawyers.

The exceptionally high rating placed Mitchell on the prestigious Texas’ TopRated Lawyers list for 2012, which was published in The Wall Street Journal, The Dallas Morning News, The Houston Chronicle and The San Antonio Express News. The list also was a special supplement in 2012 to The American Lawyer, Corporate Counsel, The National Law Journal and Texas Lawyer.

Mitchell has also been recognized as a “Best Lawyer Under 40″ by D Magazine (2005), and is a 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 percent of the membership of the State Bar is nominated annually). In his first year of practice, Mitchell received the Dallas Association of Young Lawyers Special Recognition Award.

Publications and Lectures

An active instructor, Mitchell also conducts continuing education courses for architects and lawyers for organizations such as:

  • American Institute of Architects
  • Texas Society of Professional Engineers
  • University of Texas at Arlington – Engineering Graduate Program
  • Dallas Bar Association
  • Collin County Bar Association
  • Texas Association of Paralegals

Mitchell is also the legal correspondent for Engineering News-Record and has been 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.

Mitchell’s lectures include:

July 19, 2013, AIA/TEXO Forum in Dallas, TX “Construction Laws Affecting Owners, Architects & Contractors”
June 21, 2013, AIA National Convention in Denver, CO on teaming for small firms, “How small firms can team: the good, the bad, and the ugly,” course no. FR211
May 17, 2013, AIA Dallas Chapter, Emerging Leaders Program Leadership Panel Discussion, “Team/Project Leadership”
April 30, 2013, Texas Society of Professional Engineers, “How to Write a Contract Your Friends Will Envy”
April 25, 2013, AIA Dallas Chapter CE program, “Business Strategy Toolkit” (Business of Architecture six-part series)
March 27, 2013, AIA Dallas Chapter CE program/BIM Camp, “Legal Issues in BIM”
March 21, 2013, AIA Dallas Chapter CE program, “Best Contract Practices for Architects”
February 7, 2013, Half Moon Seminars, Arlington, TX, CE program, “State and Federal Site Contamination law – Legal Issues for Landscape Architects”
November 29, 2012, AIA Dallas Chapter CE program, “Business Succession Planning Seminar”
August 27, 2010, AIA Dallas Chapter CE program, “Lien Rights for Architects in Texas”
June 2, 2010, AIA Dallas Chapter CE program, “HOW BIM WILL CHANGE YOUR CONTRACTS AND SCOPE OF SERVICES (or how I learned to love BIM)”
Ongoing visiting instructor for the Department of Civil Engineering at the University of Texas-Arlington, Construction Management studies

Additional publications and lectures include:

  • State and Federal Site Contamination Law (Half Moon Seminars)
  • Contracts for Engineers (University of Texas – Arlington)
  • It’s Not Easy Getting (or Being) Green (AIA Columns)
  • Legal Report (AIA Columns)
  • Copyrights and Architectural Works – Been There and Done That? (AIA Continuing Education; AIA Columns)
  • AIA Contract Review (AIA Continuing Education; AIA Columns)
  • Are You Ready for Your Own Firm? (AIA Columns)
  • High Rise Does Not Have to Mean High Risk (AIA Columns)
  • Selecting Your Business Entity in Texas (Irving Business Institute)
  • Business Succession Planning (Dallas Bar Association, Dallas Legal Clinic, and North Dallas Bar)
  • Covenants Not to Compete – Drafting Tips for Attorneys (Dallas Bar Association)
  • New Year, New Rules (Dallas Business Journal)
  • Cash Flow Management for Lawyers (Texas Bar Journal)
  • HB 1319 Changes (Texas Lawyer)
  • Covenants Not To Compete: Good News And Bad News For Texas Employers (Labor & Employment Observer)

Jurisdictions and Professional Affiliations

  • State Bars of Texas and Oklahoma
  • Federal Court – Northern, Eastern, Western, and Southern Districts of Texas
  • Dallas Bar Association, Construction Section
  • American Institute of Architects, Advisory Board member
  • TEXO, the Construction Association, Joint Leadership Committee member
  • Society of Former Special Agents of the Federal Bureau of Investigation, Member
  • North Texas Roofing Contractors Association
  • CLM – Claims and Litigations Management Alliance

Education

Northwestern School of Law, Lewis & 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: DobroSlovo (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.