Practice Areas: Mr. Mittelbach litigates in the following areas: Complex Commercial Labor and Employment Class Actions

Representative Matters:

• Successfully briefed and argued before Eleventh Circuit to affirm summary judgment on behalf of national bank on Plaintiff's Employee Polygraph Protection Act claim, in first published opinion by the Eleventh Circuit regarding the "Ongoing Investigation" exemption to the Employee Polygraph Protection Act.
  
  
• Successfully defended healthcare provider before the Georgia Court of Appeals after class action certified for breach of contract and negligence claims. Georgia Court of Appeals reversed class certification on all of plaintiffs' claims.
  
  
• Successfully defended national financial institution in variety of real estate actions concerning alleged breach of contract and violations of federal disclosure requirements.
  
  
• Successfully represented national telecommunications provider in class action litigation under the Fair Labor Standards Act
  
  
• Successfully represented national office equipment manufacturer in employment discrimination action
  
  
• Represented clients in appellate proceedings before the Georgia Court of Appeals and Federal Court of Appeals for the Eleventh Circuit.
  
  
• Successfully defended multinational office equipment company against multi-million dollar breach of contract and unfair and deceptive trade practices claims in the Middle District of North Carolina. Obtained summary judgment on unfair and deceptive trade practices claim, and reached favorable settlement after extensive pre-trial hearing on Daubert motion to exclude plaintiff's lost profits expert.

Experience:

• Judicial Law Clerk for the Honorable Edward E. Carnes, United States Court of Appeals for the Eleventh Circuit
  
  
• Judicial Extern for the Honorable Debra Bernes, Court of Appeals of Georgia

Education and Background:

• Emory University School of Law, Atlanta, Georgia
  J.D., with High Honors, 2008
  
  
• Honors & Activities:
  • First Honor Graduate (class rank: 1 / 254)
  • Order of the Coif
  • Dean’s Award for Highest Grade in Business Associations and Employment Law
  • Editor in Chief, Emory Law Journal
    
    
• University of Michigan, Ann Arbor, Michigan
  B.A., with Distinction, 2005
  Major: History

Professional Activities:

• Member of the State Bar of Georgia
• Admitted to practice in the United States District Courts for the Northern and Middle Districts of Georgia, the United States Court of Appeals for the Eleventh Circuit, the Supreme Court of Georgia, the Georgia Court of Appeals
• Member, Board of Consultants, Emory Law Journal

Published Decisions:

• Cummings v. Washington Mut., 650 F.3d 1386 (11th Cir. 2011)
  
  
• Doctors Hosp. Surgery Center, L.P. v. Webb, 704 S.E. 2d 185 (Ga. App. 2010.)