Trial lawyer with extensive experience litigating complex commercial, financial restructuring, financial technology, blockchain, decentralized finance and securities disputes.
Regularly represents debtors, creditors’ committees, bondholders, ad hoc groups and others in bankruptcy related disputes, as well as investment funds, fund professionals, public and private companies and executives in state and federal court litigation and arbitration.

Mitch has over 20 years of experience handling a wide range of complex commercial, bankruptcy and capital markets matters. He regularly litigates cases involving:

Fraudulent conveyance, preference, turnover and other debtor/creditor and bankruptcy-related disputes
Financial technology matters, including digital asset, decentralized finance and other blockchain-related claims and defenses
Breach of fiduciary duty and illegal dividend and stock repurchase claims
Enterprise valuation disputes
Tortious interference and other business tort claims
Purchase price adjustment and other disputes arising from private mergers and acquisitions (M&A) transactions
Securities and consumer fraud matters.

Mitch is co-lead of the firm’s digital assets, cryptocurrency and blockchain working group, and a member of the firm’s financial restructuring litigation and complex commercial litigation practices.

Representative Work

As lead litigator on behalf of crypto-finance firm Celsius Network LLC and its affiliated debtors in connection with special litigation matters:
- Recovered more than $105 million in digital assets after a series of litigation victories against a liquid staker, including a successful motion for a temporary restraining order (TRO) that froze all of the assets in the Swiss defendant’s possession, custody or control.
- Within weeks of suing a third-party digital asset custodian, recovered all customer cryptocurrency in the custodian’s possession, worth over $25 million.
- Obtained a digital asset freezing order against a former decentralized finance executive following a two-day evidentiary hearing, in connection with claims seeking turnover of property and damages in excess of $100 million.
- After winning a series of litigation battles with a digital mining company concerning a Simple Agreement for Future Equity, negotiated a settlement that increased contemplated return to Celsius on investment from approximately $13 million to approximately $45 million.

Obtained a $200-million payment from directors and officers of a public media company in settlement of breach of fiduciary duty and other claims arising in connection with the leveraged buyout, including substantial “above limits” payments by directors and officers in excess of remaining insurance.
As lead litigator representing the Official Committee of Unsecured Creditors of Purdue Pharma L.P., the maker of opioid-based drug Oxycontin, which was instrumental in extracting a $6-billion contemplated settlement with the Sackler family in connection with estate claims for fraudulent conveyance and breach of fiduciary duty, among others, relating to the role of Purdue and the Sacklers in fueling the national opioid crisis.
Lead litigator representing official committees of opioid creditors in chapter 11 bankruptcies of Rite Aid Inc., Mallinckrodt PLC, Endo PLC and Insys Therapeutics Inc., including in connection with estate claims for fraudulent conveyance and breach of fiduciary duty.
On behalf of a distressed investor in a United Nations Commission on International Trade Law (UNCITRAL) arbitration, obtained order of attachment from the New York State Commercial Division, followed by emergency pre-award order from a UNCITRAL panel freezing $150 million in transaction proceeds, resulting in settlement for the client equal to six times the amount of investment less than one year before.
Served as lead trial counsel in a breach of fiduciary duty and stock valuation trial spanning three months in the New York State Commercial Division on behalf of private equity sponsor defendants. The trial featured cross-examinations exposing critical flaws in plaintiff’s discounted cash flow analysis. At the conclusion of trial, plaintiff agreed to settle claims that he initially valued at more than $100 million for less than the estimated amount of defendants’ fees to complete post-trial briefing.
Represented the Official Committee of Unsecured Creditors of Nine West Holdings Inc. in connection with multibillion-dollar claims for breach of fiduciary duty, fraudulent conveyance and illegal stock repurchases and dividends against pre-petition board, sponsor and lenders arising from take-private leveraged buyout transactions.
Lead trial counsel for a private equity firm in dispute relating to the acquisition of an original equipment manufacturer. After an arbitration hearing involving numerous witnesses and exhibits, arbitrator accepted virtually all of client’s legal and factual contentions and granted a substantial award, including the costs of arbitration.
Acted as lead counsel defending breach of fiduciary duty, breach of operating agreement and fraud claims brought by a former investment professional against a $40-billion private equity fund. The case settled on favorable terms for the fund the night before the five-day arbitration hearing was scheduled to commence before a panel that included a former Chairman of the Securities and Exchange Commission and a former Delaware Supreme Court judge.
Represented the world’s largest beverage company in a putative class action alleging violations of New York State’s returnable container act and consumer fraud statute, obtaining dismissal of all claims.
Served as lead counsel for a prominent hedge fund in a successful effort to enjoin Apple Inc. from proceeding with a shareholder vote based on an illegally bundled proxy statement and proxy card.

Obtained a $200-million payment from directors and officers of a public media company in settlement of breach of fiduciary duty and other claims arising in connection with the leveraged buyout, including substantial “above limits” payments by directors and officers in excess of remaining insurance.
As lead litigator representing the Official Committee of Unsecured Creditors of Purdue Pharma L.P., the maker of opioid-based drug Oxycontin, which was instrumental in extracting a $6-billion contemplated settlement with the Sackler family in connection with estate claims for fraudulent conveyance and breach of fiduciary duty, among others, relating to the role of Purdue and the Sacklers in fueling the national opioid crisis.
Lead litigator representing official committees of opioid creditors in chapter 11 bankruptcies of Rite Aid Inc., Mallinckrodt PLC, Endo PLC and Insys Therapeutics Inc., including in connection with estate claims for fraudulent conveyance and breach of fiduciary duty.
On behalf of a distressed investor in a United Nations Commission on International Trade Law (UNCITRAL) arbitration, obtained order of attachment from the New York State Commercial Division, followed by emergency pre-award order from a UNCITRAL panel freezing $150 million in transaction proceeds, resulting in settlement for the client equal to six times the amount of investment less than one year before.
Served as lead trial counsel in a breach of fiduciary duty and stock valuation trial spanning three months in the New York State Commercial Division on behalf of private equity sponsor defendants. The trial featured cross-examinations exposing critical flaws in plaintiff’s discounted cash flow analysis. At the conclusion of trial, plaintiff agreed to settle claims that he initially valued at more than $100 million for less than the estimated amount of defendants’ fees to complete post-trial briefing.
Represented the Official Committee of Unsecured Creditors of Nine West Holdings Inc. in connection with multibillion-dollar claims for breach of fiduciary duty, fraudulent conveyance and illegal stock repurchases and dividends against pre-petition board, sponsor and lenders arising from take-private leveraged buyout transactions.
Lead trial counsel for a private equity firm in dispute relating to the acquisition of an original equipment manufacturer. After an arbitration hearing involving numerous witnesses and exhibits, arbitrator accepted virtually all of client’s legal and factual contentions and granted a substantial award, including the costs of arbitration.
Acted as lead counsel defending breach of fiduciary duty, breach of operating agreement and fraud claims brought by a former investment professional against a $40-billion private equity fund. The case settled on favorable terms for the fund the night before the five-day arbitration hearing was scheduled to commence before a panel that included a former Chairman of the Securities and Exchange Commission and a former Delaware Supreme Court judge.
Represented the world’s largest beverage company in a putative class action alleging violations of New York State’s returnable container act and consumer fraud statute, obtaining dismissal of all claims.
Served as lead counsel for a prominent hedge fund in a successful effort to enjoin Apple Inc. from proceeding with a shareholder vote based on an illegally bundled proxy statement and proxy card.

Education
J.D., New York University School of Law, 1996
B.A., Gonzaga University, magna cum laude, 1992

Bar Admissions
New York

Recognitions

January 8, 2024, named Litigator of the Week runner-up by the American Lawyer magazine in connection with more than $105-million recovery for a digital asset client.
The Legal 500 US, Securities litigation – defense, 2019.
The Legal 500 US, General commercial disputes, 2019 to 2020.

Speeches and Publications

Presenter, “Blockchain 101: Decentralized Finance,” June 2022.
Panelist, “Working Capital Purchase Price Adjustment Disputes in Private M&A Transactions,” December 5, 2016.
Editor and contributor to Crytpolink, Akin’s digital asset newsletter.
Panelist, “Arbitration Clauses in Investment Fund Agreements,” Akin Annual New York Private Investment Funds Conference, New York, September 27, 2018.
Author, S. Supreme Court Closes the Door on § 1782 Discovery in Aid of Foreign International Arbitrations.