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Sarah H. Mitchell
Sarah H. Mitchell
Counsel — Commercial & Business Litigation
Counsel — Commercial & Business Litigation

Sarah H. Mitchell

Sarah H. Mitchell
Dallas

Trammell Crow Center
2001 Ross Avenue
Suite 3900
Dallas, TX 75201

Sarah H. Mitchell

Sarah is a member of the firm’s Litigation group. Her practice focuses primarily on representing policyholders with respect to insurance coverage matters. Sarah represents policyholders on claims under various lines of insurance and routinely advises policyholders on the insurance aspects of corporate transactions and ways to enhance coverage in connection with policy placements and policy renewals.

In addition to her insurance coverage practice, Sarah advises clients on indemnification agreements and contractual claims for indemnity.

Sarah’s practice also includes a variety of complex business and commercial litigation matters in both state and federal courts, as well as in domestic and foreign arbitrations. Sarah has represented clients from a variety of industries, including pharmaceutical, life sciences, private equity, banking, energy, real estate, communications, retail, restaurant, hospitality, financial services, and manufacturing companies.

Experience Highlights

  • Acted for Teva Pharmaceuticals in a suite of 10 ad-hoc arbitrations (London Seat) concerning a denial of coverage in a pharmaceutical-related insurance policy tower

  • Represented a chemical manufacturing company in a dispute against a property insurer and an insurance broker seeking recovery for losses from a fire

  • Advised a communications company regarding insurance coverage under commercial general liability, and directors and officers liability policies, in connection with a business tort, Lanham Act, and antitrust lawsuit

  • Representing energy company in claim under directors and officers liability insurance policies involving “related Wrongful Acts” issues

  • Advises private equity firms regarding directors and officers liability insurance policies in connection with IPOs of portfolio companies

  • Representing an energy company in claims arising from EPA claims and third-party claims under commercial general liability and pollution policies

  • Representing an energy company in claims arising from an oil spill under commercial general liability policies

  • Representing energy company in claim under directors and officers liability insurance policies involving “related Wrongful Acts” issues

  • Represented a major pharmaceutical company in a series of international arbitrations in London seeking recovery under specialty liability insurance policies for settlement of a patent infringement lawsuit

  • Represented a chemical manufacturing company in a dispute against a property insurer and an insurance broker seeking recovery for losses from a fire

  • Representing multiple clients in connection with claims arising from shareholder activism under directors and officers liability insurance policies

  • Representing multiple clients in connection with claims arising from government investigations under directors and officers and errors and omissions liability insurance policies

  • Advised a communications company regarding insurance coverage under commercial general liability, and directors and officers liability policies, in connection with a business tort, Lanham Act, and antitrust lawsuit

  • Advises private equity firms regarding directors and officers liability insurance policies in connection with IPOs of portfolio companies

  • Advised a private equity firm regarding insurance issues in advance of IPO of portfolio company SPAC

  • Advised a private equity firm regarding insurance issues in connection with portfolio company’s bankruptcy filing

  • Represented pharmaceutical company in negotiating transfer of insurance in connection with $40 billion acquisition

  • Advised various clients in connection with obtaining representations and warranties policies for corporate transactions

  • Represented companies on claims under representations and warranties policies

  • Advised directors and officers of bankrupt public company in seeking coverage under directors and officers liability insurance policies 

  • Assisted in the representation of an insurance company pursuing reimbursement from other insurers in two New York state court actions and one New York federal court action for defense and settlement costs incurred in consolidated litigation involving a major crane collapse at a construction site in New York City

  • Assisted in the representation of an insurer in domestic arbitration involving a coverage claim in excess of $200 million

  • Assisted in the representation of a Bermuda insurer in London arbitration involving a coverage claim for more than $200 million

  • Assisted in the representation of a ceding insurer in a reinsurance dispute regarding settlement of claims arising from September 11, 2001 terrorist attacks in New York federal court

  • Assisted in the representation of an insurer in coverage litigation in New York state court

  • Assisted in the representation of an insurance company in domestic arbitration of a contractual dispute with a managing general agent

  • Representing pharmaceutical company in connection with indemnification claims under master purchase agreement following $40 billion acquisition

  • BP Midstream Partners LP in its $765 million initial public offering of common units 

  • Advising multiple clients in connection with contractual indemnification provisions and related additional insured provisions in agreements with service providers

  • Represented healthcare insurer in contractual indemnification dispute with vendors

  • Advised real estate developer regarding contractual indemnification claims against contractor and sub-contractors following crane collapse at construction site

  • Representing a large retailer in an investigation being performed by the SEC

  • Representing energy company in SEC investigation relating to disclosures and related party transactions

  • Assisted in the representation of a pension trust as creditor in equity receivership in proceedings initiated by SEC and CFTC

  • Assisted in the representation of a buyer in post-acquisition litigation regarding terms of the acquisition agreement

  • Assisted in the representation of a grocery store chain in TRO proceeding in New York federal court involving trademark and trade dress infringement claims

  • Represented energy company as debtor in Chapter 11 bankruptcy

  • Represented private equity firm as creditor in portfolio company’s Chapter 11 bankruptcy

  • Assisted in the representation of a settled insurer in an appeal to district court from bankruptcy court’s order dismissing an asbestos bankruptcy case pursuant to 11 U.S.C. § 1112(b)

  • Assisted in the representation of insurers as objectors to proposed confirmation plans in various § 524(g) asbestos bankruptcies

  • Assisted in the representation of settled insurers in various § 524(g) asbestos bankruptcies

  • Conducted an internal investigation regarding accounting errors and sufficiency of internal controls for financial services company

  • Conducted an internal investigation regarding potential trade secret misappropriation of a competitor’s product engineering plans

  • Conducted an internal investigation on behalf of a global bank regarding allegations by a public pension trust that the bank breached its contractual and fiduciary obligations

  • Represented PTO organization in claim under fiduciary insurance policy

  • Represented an asylum seeker in immigration court

  • Represented home repair fraud victim in Mississippi as plaintiff in civil action and as a witness in companion criminal action

  • Argued criminal appeal on behalf of an indigent before intermediate New York appellate court

  • Drafted trademark license agreements for a nonprofit group and provided intellectual property advice to Lincoln Center

Credentials

  • Harvard Law School, J.D., 2008 (Staff, Journal of Law and Gender)
  • Vanderbilt University, B.A., Spanish, Honors in the College of Arts and Sciences, magna cum laude, 2005 (Phi Beta Kappa)
  • Member: Dallas Bar Association, Torts and Insurance Practice Section; State Bar of Texas, Insurance Law Section
  • Oversight Board Member:  Developmental Learning Center, First United Methodist Church of Dallas, 2015-present
  • New York
  • Texas
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
  • Spanish (proficient)
  • “Everything You Want to Know About Insurance But Were Afraid to Ask,” Association for Corporate Growth’s Strategic Acquirer Summit, November 4, 2019 (panelist)
  • “Claims Session: The Claim Settlement Process,” Transaction Insurance Insights Conference – Hosted by Advisen, January 30, 2019 (panelist)
  • “The Nuts and Bolts of Representations and Warranties Insurance in M&A Transactions,” September 5, 2018 (panelist)
  • “Insuring MA Transactions,” September 5, 2018 (panelist)
  • “Representations and Warranties Insurance in Energy M&A: An Old Product Gets a New Look,” V&E Houston Office, April 11, 2018 (panelist)
  • “September 1 Changes to Texas Insurance Law for Property Claims Following Hurricane Harvey,” V&E Property Insurance Law Update E-communication, August 30, 2017 (co-author)
  • “Thoughts for Officers and Directors of E&P Companies and MLPs in 2016,” V&E website, January 19, 2016 (co-author)
  • “The Latest on Reinsurance Litigation, Arbitration and Risk Management,” Perrin Conferences Emerging Insurance Coverage & Allocation Issues in 2012 CLE Presentation, February 23, 2012 (co-authored)
  • “Chapter 31: Notice of Accident, Claim or Suit,” New Appleman Law of Liability Insurance, Matthew Bender, 2011 (co-authored)
  • “Changing Politics of Asbestos Bankruptcies,” HB Asbestos Bankruptcy Current Trends & Future Outlook CLE Presentation, October 6, 2010 (co-authored)
  • “How Bankruptcies Are Continuing to Change the Landscape of Asbestos Litigation and How to Implement Strategies in Response,” American Conference Institute 11th Annual Advanced Forum on Litigating & Managing Asbestos Claims CLE Presentation, April 21, 2010 (co-authored)
  • “Ensuring Insurer Standing to Object to Reorganization,” Law360, Guest Expert Column, August 31, 2009
  • “The Effect of Supreme Court Patent Jurisprudence on Copyright Law,” American Bar Association Intellectual Property Law Section Annual Conference CLE Presentation, April 4, 2009 (co-authored)