
Sarah H. Mitchell

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

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)
- Deals & CasesFebruary 22, 2021
- Deals & CasesFebruary 8, 2021
- Deals & CasesFebruary 5, 2021
- Deals & CasesJanuary 22, 2021
- Deals & CasesJanuary 14, 2021
- Deals & CasesJanuary 5, 2021
- Deals & CasesJanuary 4, 2021
- Deals & CasesDecember 10, 2020
- Deals & CasesNovember 17, 2020
- Deals & CasesNovember 4, 2020
- Deals & CasesOctober 20, 2020
- Deals & CasesSeptember 24, 2020
- Deals & CasesJune 29, 2020
- Deals & CasesJune 18, 2020
- InsightApril 17, 2020
- Deals & CasesJanuary 13, 2020
- Deals & CasesDecember 10, 2019
- Deals & CasesNovember 25, 2019
- Deals & CasesOctober 18, 2019
- Deals & CasesOctober 17, 2019
- Deals & CasesOctober 1, 2019
- Deals & CasesJuly 3, 2019
- Deals & CasesJune 18, 2019
- Deals & CasesApril 26, 2019
- Deals & CasesFebruary 21, 2019
- Deals & CasesFebruary 19, 2019
- Deals & CasesJanuary 10, 2019
- Deals & CasesJanuary 10, 2019
- InsightDecember 20, 2018
First published in NACD BoardTalk
- Deals & CasesNovember 27, 2018
- Deals & CasesNovember 19, 2018
- Deals & CasesNovember 2, 2018
- Deals & CasesJune 18, 2018
- Event RecapApril 11, 2018
- Press ReleaseJanuary 4, 2018
- InsightApril 13, 2015
First published in Law360
- “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)