Thomas Mitsch

Defending a private equity purchaser of a commercial office building against breach of contract claims brought by the seller based on post-closing leasing activities

Defending a private equity owner of a commercial office building in arbitration action brought by the building’s sole occupant asserting breach of contract claims based on dispute over landlord and tenant responsibilities for building maintenance under the lease

(Del. Ch.) Member of trial and appellate team that obtained post-trial judgment and affirmance by Delaware Supreme Court in favor of defendants in class action lawsuit seeking $1.6 billion in damages and alleging general partner breached its duties by agreeing to merge MLP with an affiliate energy company

(Del. Ch.) Lead associate of trial team that obtained post-trial judgment in favor of limited partner of global consumer product company in action against fellow limited partner for determination of rights and obligations under the limited partnership agreement

Second chair of trial team representing a former President and CEO of a bank in Amarillo in an FDIC enforcement action. Obtained post-trial injunction from Northern District of Texas shortly after trial, the appeal of which is currently stayed pending resolution of Securities and Exchange Commission v. Jarkesy before the United States Supreme Court

Represented a global energy company in all matters, including internal and SEC investigations into allegations of improper accounting and earnings management, securities fraud litigation, and shareholder books and record demands

After narrowing claims through a motion to dismiss, assisted in obtaining favorable settlement of securities fraud class action on behalf of energy company and its officers and directors

Defending former directors and officers of Delaware corporation against breach of fiduciary duty claims relating to unsuccessful IPO

Defending major building products manufacturer from product liability claims involving property damage from lightning strikes

Represented a global biofuel producer in an internal investigation into allegations of insider trading made against senior executives

Represented global investment fund in responding to Texas Senate investigation regarding the use of public pension funds

Assisted in obtaining a favorable settlement of regulatory removal proceedings alleging breach of fiduciary duty against Board chairman of Texas-based federally chartered bank

Represented non-profit charitable organization in defending breach of lease claims brought by former landlord