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Tulsa Attorneys

Brian L. Mitchell

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Brian Mitchell

SUMMARY OF QUALIFICATIONS

Licensed member of the Oklahoma Bar Association. Earned Associate Degree in English Literature and Bachelor of Science degree in Criminal Justice Administration from Missouri Southern State University, and obtained Juris Doctorate from the University of Tulsa. Practice includes transactional and litigation matters involving business and commercial law, real estate, construction, banking, bankruptcy, transportation and employment law defense. Litigation experience including hearings and trials in state and federal courts throughout the country, and representation of employers before administrative agencies. Recognized in the Oklahoma Super Lawyers – Rising Stars for 2008-2012 and Oklahoma Super Lawyers for 2013-2014 with a designation in Construction Litigation and has a Martindale Hubbell AV rating. In 2011, named to the Tulsa Business Journal’s The Tulsa 40 as an up-and-comer in the Tulsa business community.

PROFESSIONAL EXPERIENCES

March 2014-to Present Neuens Mitchell Bonds pllc, Founding Partner

Responsibilities include strategic development and implementation of cost effective options to achieve client goals with respect to a variety of litigation involving construction, business, commercial, banking, transportation, real estate and corporate matters; representation of Firm clients in hearings and trials throughout the country in state and federal courts and before various administrative agencies; and engagement as general counsel to advise concerning day-to-day legal issues that arise in small to medium size business ventures.

January 2010 to March 2014 Neuens Mitchell Bonds Freese pllc, Founding Partner

March 2005 to December GlassWilkin pc, Associate Attorney

Responsibilities included development and implementation of strategic options for the prosecution and defense of a broad range of civil litigation in specialty areas of construction, business, commercial, banking, real estate, bankrupty and employment law. Litigation experience included involvement in settlement conferences, mediations and arbitrations through the country, as well as, participation nationally in depositions, hearings and trials in both state and federal courts, and representation of employers before administrative agencies

Sept. 2002 to March 2005 Freese & March, P.A., Associate Attorney.

Responsibilities included preparing briefs with respect to various lawsuits in state and federal courts and before administrative agencies covering construction, contract, banking, real estate, commercial and corporate matters; handling motions hearings in state and federal courts and before administrative agencies; and, providing general counsel advise to small business ventures.

EDUCATION

1999 Missouri Southern State University, Associate of English Literature, Bachelor of Criminal Justice Administration

2002 University of Tulsa College of Law, Doctor of Jurisprudence

PRIMARY PRACTICE AREAS

Banking and Credit Institution Transactions and Litigation, Creditor and Debtor in Bankruptcy and Business Reorganizations, Real Estate Transactions and Litigation, Construction Transactions and Litigation, Business and Commercial Law Transactions and Litigation, Transportation Transactions and Litigation; Professional Malpractice Litigation; Employment Law Defense Litigation

LICENSES HELD

State Bar of Oklahoma – 2002
United States District Court – Eastern, Northern and Western Districts of Oklahoma – 2002
10th Circuit Court of Appeals — 2012
United States Supreme Court — 2013
Admitted Pro Hac Vice in Several State and Federal Courts

EXPERIENCE

  • Representation of Lender against Borrower for default of commercial loan resulting in 100% recovery in excess of $580,000
  • Representation of Homeowner against General Contractor in construction defect claims resulting in judgment in excess of $420,000
  • Representation of Transportation Broker and Carrier against Municipality involving claims of violation of the 14th Amendment and Inverse Condemnation resulting in favorable settlement
  • Successful defense of Physician Group in claims brought by Bankruptcy Debtor for violation of the automatic stay
  • Representation of Upper Level Management against an International Manufacturing Company for wage claim violations resulting in a favorable settlement
  • Representation of Missouri Subcontractor against General Contractor and Surety for Miller Act claims resulting in a 100% recovery on payment bond
  • Negotiation of multiple commercial loan workouts on behalf of Lender resulting in recoveries aggregating in excess of $35,000,000
  • Representation of multiple Contractors, Subcontractors and Suppliers related to enforcement of materialmen’s liens and Miller Act and Little Mille Act claims
  • Representation of National Construction Supplier against Local Supplier for unpaid invoices resulting in a favorable settlement
  • Representation of Transportation Broker against Shipper for unpaid invoices resulting in a favorable settlement in excess of $680,000
  • Representation of multiple Lenders in the preparation and negotiation of Forbearance Agreements and Deed in Lieu of Foreclosure Agreements ranging in value from $200,000 — $2,500,000
  • Representation of California Investor Group against Management Company for claims of mismanagement
  • Representation of Local Investor Group against Tenant for environmental damage to property
  • Representation of Estate Administrator against Manufacturing Company and Upper Level Management in claims for dissipation of corporate assets
  • Representation of Judgment Creditor against Bankruptcy Debtor in Adversary Proceeding to prevent bankruptcy discharge as a result of fraud
  • Representation of Plaintiffs’ Group against former Law Firm for malpractice related to improper tax advice
  • Representation of Bank Heirs against former law firm for malpractice related to negligent estate planning
  • Representation of Transportation Broker against National Transportation Carrier for breach of contract and interference with business relationship

CIVIC ACTIVITIES & HONORS

Oklahoma Super Lawyers – 2013 — Construction Litigation
Oklahoma Super Lawyers – Rising Star 2008, 2009, 2010, 2011 and 2012 – Construction Litigation
Tulsa Business Journal’s The Tulsa 40 – Honoree 2011
Adoption Affiliates, Inc. – Director (July 2013 – Present)
Operation Aware, Inc. — Director (January 2011 — Present)
Tulsa Zoo Management, Inc. — Advisory Board (July 2010 — July 2011)
Tulsa Zoo Friends, Inc. — Director (July 2007 — July 2010)
Associated Builders and Contractors of Oklahoma — Member (January 2005 — Present)
Tulsa Young Professionals — Member (2005 — 2010)
Bixby Rotary Club — Member (July 2010 – January 2012)

PUBLISHED OPINIONS

Lively v. IJAM, Inc., 114 P.3d 487 (Okla.Civ.App. 2005)
In re Hentges, 351 B.R. 758 (Bankr.N.D.Okla. 2006)
In re Hentges, 352 B.R. 487 (Bankr.N.D.Okla. 2006)
In re Hentges, 350 B.R. 586 (Bankr.N.D.Okla. 2006)
First Capital Bank v. Tarrant, 169 P.3d 1210 (Okla. 2007)
In re Hentges, 373 B.R. 709 Bankr.N.D.Okla. 2007)
Beard v. Love, 173 P.3d 796 (Okla.Civ.App. 2007)
Tarrant v. Capstone Oil & Gas Co., WL 4965858 (Okla.Civ.App. 2007)
Movin On Transportation, Inc. v. Rotondo Weirich Enterprises, Inc.; District Court of Tulsa County, Oklahoma; Case No. CJ-2008-292 (Motion for Summary Judgment and Brief in Support — 2009)
Willco Enterprises, LLC v. Woodruff, 231 P.3d 767 (Okla.Civ.App. 2010)
In re Maynard, WL 725809 (Bankr.N.D.Okla. 2010)
Arvest Bank v. The Karla D. Berry Revocable Trust et al. (Okla.Civ.App. 2011)
Jenkins v. Movin On Transportation, Inc., 2012 WL 256019 (NDOK 2012)
Essex Ins. Co. v. Willco Enterprises, LLC, 2012 WL 3061453 (NDOK 2012)
The United States of America v. Southwind Construction Services, LLC et al., (10th Cir. 2013)