Mitchell Berns is a seasoned litigator who represents institutional and individual clients in complex disputes to achieve their goals. He acts for plaintiffs and defendants in state, federal and bankruptcy courts, in trials and appeals, and in mediations and arbitrations.
In an advisory role, he counsels clients concerning contract, employment and other matters arising out of their business activities. Having served as a federal banking regulator in Washington D.C., he is familiar with risk management and policy issues in the financial services arena. Mitch is currently the litigation administrative partner for the firm’s New York office.
Mitch has handled a broad variety of matters, including:
- Defense of a major Mexican retailer in a $1.5 billion state court contract dispute with several swap dealers arising out of the sale of exotic currency derivatives
- Defense of a government-sponsored financial institution in a bankruptcy court dispute over the valuation of several hundred interest rate swaps terminated when Lehman failed
- Defense of senior management of a failed community bank against breach of fiduciary duty claims asserted by FDIC and resolved in mediation
- Recovery of a foreign investor’s $45 million securities account tied up in a bankruptcy case
- Prosecution of a state court breach of fiduciary duty claim by an ex-partner against a global accounting firm arising out of alleged scapegoating for violations of SEC audit independence standards
- Prosecution of a state court legal malpractice claim by the owners of a residential cooperative building against counsel who handled the property’s sale
Mitch began his litigation career with an international law firm based in New York before starting his own firm that focused on securities and class action litigation. From 1996 to 2002, he served as the head of bank supervision for the regulator of the Federal Home Loan Banks, which provide wholesale loans to several thousand banks to support residential mortgage lending.
His government experience provided a broad perspective on financial, risk control and housing policy matters. After his government service, he returned to private practice in New York before joining Fox Rothschild.
- Yale Law School (J.D.)
- Amherst College (B.A.)
BAR ADMISSIONS : New York, District of Columbia
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