January 17, 2022

Volume XII, Number 17

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Robert B. Mitchell

Rob Mitchell’s practice focuses on appeals and the resolution of complex legal disputes. Mr. Mitchell has successfully defended a state statute requiring dual majorities to restructure local government; sewer system development fees imposed as a condition of plat approval; and school impact fees collected under the Washington Growth Management Act. He has represented the States of Alaska and California before the Ninth Circuit in litigation arising out of the Exxon Valdez oil spill, seeking to uphold state authority to impose liability for tanker accidents. On behalf of news media and other clients, he has successfully defended on First Amendment grounds numerous defamation actions brought in both state and federal court. Mr. Mitchell also has successfully defended clients against claims brought under the Administrative Procedure Act.

Mr. Mitchell has written and spoken on trade secret issues; advised clients regarding the terms of software end user license agreements; and helped to structure contract arrangements for content and management of online news services. Based in part upon his experience in these matters, as well as several cases in which he has litigated commercial impracticability and other contract issues, Mr. Mitchell has represented the Business Software Alliance and other clients in connection with efforts to draft a uniform state law governing transactions in software and other information products. Mr. Mitchell was a law clerk for Hon. Myron H. Bright, U.S. Court of Appeals for the Eight Circuit, from 1979-1980

Experience

  • Representing Presbytery of Seattle before the Washington Court of Appeals and Washington Supreme Court in cases addressing the ecclesiastical deference doctrine.
  • Representing Grocery Manufacturers Association before the Washington Court of Appeals in an appeal raising First Amendment and Eighth Amendment challenges to penalties imposed under the Fair Campaign Practices Act.
  • Representing United Farmers of Alberta before the U.S. Court of Appeals for the Ninth Circuit in case challenging damages awarded for tortious interference and fraudulent transfers.
  • Representing Lockheed Martin Corporation before the United States Supreme Court in opposing certiorari to the U.S. Court of Appeals for the Ninth Circuit in Edwards v. Lockheed Martin Corp.
  • Representing American Intellectual Property Law Association before the United States Supreme Court as amicus curiae in support of the petitioners in ABC v. Aereo, Inc.
  • Representing Domestic Violence Legal Empowerment and Appeals Project (DV LEAP) and other organizations before the Washington Court of Appeals as amici curiae in cases addressing the presumptive length of domestic violence protection orders.
  • Representing the Bill & Melinda Gates Foundation before the U.S. Court of Appeals for the Eleventh Circuit.
  • Representing Premera Blue Cross before the Washington Court of Appeals. See Premera v. Kreidler.
  • Representing Microsoft before the U.S. Tax Court and the U.S. Court of Appeals for the Ninth Circuit. See Microsoft Corp. v. Comm’r of Internal Revenue.
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Articles in the National Law Review database by Robert B. Mitchell

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