David Mitchell, Jr.

Member

David concentrates his practice in business, financial services, and class action litigation.  He has represented public and private companies in a variety of matters involving breach of contract disputes, business torts, class action defense, shareholder litigation, director liability claims, business fraud, whistleblower and qui tam lawsuits, and in conducting internal corporate investigations. He represents financial institutions and other creditors in both litigation and restructuring and insolvency matters including cases involving commercial workouts, receiverships and bankruptcies.  Prior to joining Rose Law Firm, David practiced at Bass, Berry & Sims PLC. David and his wife, Frances, are both natives of Little Rock and have two daughters, Susan Grace and Elizabeth.

 

 

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Bio

David concentrates his practice in business, financial services, and class action litigation.  He has represented public and private companies in a variety of matters involving breach of contract disputes, business torts, class action defense, shareholder litigation, director liability claims, business fraud, whistleblower and qui tam lawsuits, and in conducting internal corporate investigations. He represents financial institutions and other creditors in both litigation and restructuring and insolvency matters including cases involving commercial workouts, receiverships and bankruptcies.  Prior to joining Rose Law Firm, David practiced at Bass, Berry & Sims PLC. David and his wife, Frances, are both natives of Little Rock and have two daughters, Susan Grace and Elizabeth.

 

 

Experience

David’s experience includes:

  • Representation of a publicly traded financial services client in defense of  a putative  nationwide Fair Debt Collection Practices Act (FDCPA) class action
  • Representation of national health care company in defense of Telephone Consumer Protection Act (TCPA) claims
  • Enforcement of an approximately $30 million dollar foreign judgment through federal court veil-piercing action and other collection efforts against various entities and trusts affiliated with the judgment debtor
  • Counsel to minority-ownership group of a hotel franchise in a business dispute with majority owner
  • Representation of a high profile food services industry company in a fraud and embezzlement lawsuit against former employee and outside contractors
  • Counsel to majority shareholder and director of a large, closely-held farming company in a shareholder dispute
  • Representation of publicly traded national banking association in numerous litigation and insolvency matters
  • Assist audit committee of a Fortune 500 company in conducting internal investigation and responding to employee’s whistleblower claims
  • Representation of an ambulance company owner in defense of Medicare and Medicaid fraud claims. Successfully obtained reversal on appeal to the Sixth Circuit for identity theft convictions

Honors

Mid-South Super Lawyers, Rising Star – Business Litigation, 2014-16

Best Lawyers of Little Rock, Little Rock Soiree, 2016

Arkansas Law Review, Symposium Editor and Associate Editor

Chairman, Board of Advocates, University of Arkansas School of Law

 

Affiliations

Arkansas  Bar Association

Pulaski County Bar Association

Memphis Bar Association, Board of Directors, Young Lawyers’ Division, 2014

Education

Washington & Lee University, Bachelor of Arts, Politics, 2007

University of Arkansas School of Law, magna cum laude, 2010

Admissions

Arkansas

Tennessee

U.S. Court of Appeal, Sixth and Eight Circuits

U.S. District Court, Eastern and Western Districts of Arkansas

U.S. District Court, Western and Middle Districts of Tennessee

Publications

“An Introduction to the False Claims Act,”  The Arkansas Lawyer (August 2016).

“The Long Saga of Short Stays: CMS Continues Efforts to Clarify the Two-Midnight Rules,” Lexology (November 2013)

“Permissible Parameters of Parallel Proceedings,” Tennessee Bar Journal (May 2012)

“Lock ‘Em Up and Throw Away the Key: ‘The West Memphis Three’ and Arkansas’s Statute for Post-Conviction Relief Based on New Scientific Evidence,” 62 Arkansas Law Review 501