Mitchell A. Capp
Mitch is a business lawyer who employs two invaluable assets he developed while working several years in the masonry trade: determination and grit. Mitch’s practice focuses on business counseling and litigation, both pro-actively and re-actively. Mitch leverages his broad based legal and business acumen to manage conflict and avoid litigation by identifying and managing risks before they become issues, minimizing costs and losses, and eliminating potential causes of problems. Mitch utilizes a team centered approach to educate clients on legal issue awareness and help clients achieve their strategic objectives. Mitch provides legal counseling on contractual questions, including contract drafting, negotiation, and enforcement; and risk transfer and avoidance. Mitch has extensive experience aggressively litigating contractual disputes, if it becomes necessary. Mitch is licensed in Michigan, Illinois, and Indiana, and has appeared in state and federal courts throughout the country.
Mitch also serves as chief legal counsel to a century old Detroit-based stone company in which he supervises corporate governance and business policies, and directly advises the board of directors and corporate officers on all legal matters.
Mitch earned his Bachelor’s Degree in Criminal Justice, with minors in Philosophy and Law, from Michigan State University. In addition, he has obtained program certificates in Entrepreneurship and Negotiation Mastery from Harvard Business School. Mitch earned his Juris Doctor, Cum Laude, from the University of Illinois – Chicago School of Law, where he served on the Executive Board, as production editor of The John Marshall Law Review. While in law school, Mitch was a councilmember of the Moot Court Honors Council and a participant of the Intellectual Property Training Program in Beijing and Shanghai, China. Mitch has worked as a law clerk with the Circuit Court of Cook County, the United States District Court for the Northern District of Illinois, and the United States Attorney’s Office for the Northern District of Illinois.
- Drafted successful motion to dismiss miscellaneous action in federal court seeking to issue and enforce subpoena against Fortune 100 client
- Successfully negotiated prompt payment of considerable outstanding invoices on behalf of corporate client and advised on contractual revisions so as to prevent further dispute.
- Drafted successful motions for summary disposition on the bases of lacking personal jurisdiction over individual and corporate clients
- Drafted successful motion for summary judgment in defense of legal malpractice matter
- Successfully voided and vacated, through motion practice and oral argument at multiple bench trials, a default plenary order of protection against business client on the bases of lacking jurisdiction and improper service of process
- Acted as outside general counsel for Fortune 50 Company with its Chicago business operations, including defense of 15 municipal code citations carrying exposure in excess of $100,000. Settled for $4,000
- Advised national utility and construction company throughout transition process from C-Corporation to LLC
- Obtained outright dismissals of multiple municipal code violations on behalf of national utility contractor against the City of Chicago, Department of Transportation
- Obtained directed verdict and costs for the defense in insurance fraud / bad faith counterclaim jury trial
Admissions - Court
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Western District of Michigan
Admissions - State
- University of Illinois – Chicago School of Law
- Michigan State University
- Detroit Bar Association
- The Wild West of name, image, and likeness: NIL roll-out update
- The Wild West of name, image, and likeness: Be prepared when the dust settles – A series
- “The Technology Revolution in the Construction Industry: The Rise of Artificial Intelligence,” Monograph, IDC Quarterly, Vol. 29, No. 4 (2019).
- “Contractor Freedom: Restatement 414 Requires Control Over Means and Ends,” Construction Law Cases, IDC Survey of Law (2019).
- "The Wolf of Law Street: The Litigation Finance Industry and the Ethics of Investing in Justice." IDC Quarterly, Vol 28, No. 3 (2018).