Current Employment Position(s)

Partner

Lawyer Overview

Caroline Mitchell focuses on complex litigation, including antitrust litigation, defending corporations against claims brought by foreign citizens, RICO, DOHSA preemption, fraud, and unfair competition claims. Caroline has developed significant experience in effectively cultivating third-party witnesses, resolving complex choice of law and international comity questions, challenging capacity, developing preemption challenges, and addressing complex vicarious liability issues.

Caroline was a member of the trial team in a case recognized as the defense verdict of the year in 2008 by a leading legal publication in California. The case involved claims brought pursuant to the Alien Tort Statute, RICO, the TVPA, California law, and Nigerian law. One of the main focuses of Caroline's practice is narrowing and eliminating claims at or before summary judgment. In this case, many plaintiffs and claims were dismissed prior to trial, including the RICO and TVPA claims in their entirety, as well as many ATS and state law claims.

Caroline also participated in the defense of antitrust claims against refiners in California that resulted in the grant of summary judgment, which was ultimately upheld by the California Supreme Court. She also participated in the defense of claims brought against oil companies by the attorney general of Hawaii that resulted in a very favorable settlement for the oil companies. In addition, she has worked on a number of cases raising antitrust issues relating to various other industries, ranging from the floral industry to telecommunications and other forms of technology. Caroline has assisted clients in responding to administrative investigations by the United States Department of Justice and the Federal Trade Commission. She has worked on cases raising complex fraud claims in the building materials, automotive, and oil industries as well.

Caroline has appeared before the California Public Utilities Commission, both in complaint proceedings and in proceedings seeking approval for the transfer of assets pursuant to Section 851 of the California Public Utilities Code. Furthermore, she has extensive experience working on intellectual property litigation. She was successful in defending a large telecommunications client in trademark opposition proceedings that went to trial before the Trademark Trial and Appeal Board (TTAB) of the United States Patent Office. She also successfully mediated a certification mark infringement action pending in federal court and has litigated patent matters before the ITC.

Caroline chairs the San Francisco Office's Pro Bono Practice and has successfully represented a variety of civil rights plaintiffs. In one large class action, she reached a comprehensive settlement with the state government that resulted in the provision of services to developmentally disabled prisoners and a $3.3 million fee award for her client. She has successfully represented other civil rights plaintiffs bringing claims related to medical care, race discrimination, discrimination based on people's HIV and AIDs status, discrimination based on disabilities, and challenging the constitutionality of a state proposition.

Caroline is president of the board of directors of Creating Economic Opportunities for Women (C.E.O. Women), an award winning nonprofit corporation that provides education in English as a foreign language and entrepreneur training to low income and refugee women who want to open their own micro-enterprises.

Caroline is the recipient of the 2002 Roll Call for Social Justice Award from the Legal Aid Society (June 18, 2002), and she was the managing editor of Competition, the journal of the Antitrust & Unfair Competition Law Section of the State Bar of California, Volume 8, Nos. 1 and 2 (1999). Caroline was also named one of the top women litigators in California in 2005.

Caroline is a coauthor of the article "Returning RICO to Racketeers: Corporations Cannot Constitute an Associated-in-Fact Enterprise Under 18 U.S.C. § 1961(4)," 13 Fordham J. Corp. & Fin. L. 1 (2008).

Areas of Practice

• Trial Practice
• Antitrust & Competition Law
• Antitrust Litigation

Representative Cases

• Bowoto v. Chevron Corporation, No. C 99-02506 SI (N.D. Cal.) , (2008)
• In re Reformulated Gasoline (RFG) Antitrust & Patent Litigation and Lossada v. Union Oil Company of Calif., and consolidated / coordinated actions
• Jane Doe v. John Doe
• linkLINE Commc’ns v. SBC Cal., No. 05-56023 (9th Cir.)
• Creating Economic Opportunities for Women
• Religious Discrimination , (2006)

West Practice Categories

Antitrust & Trade Regulation, Antitrust Law, Bankruptcy Litigation, Business & Commercial Law, Class Actions, Complex Litigation, Deceptive Trade Practices, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Antitrust, International Trade Litigation, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, RICO Act, State Appellate Practice, State Trial Practice, Tax Litigation, Trade Regulation, Unfair Competition, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• California

Education

• U of Minnesota - Main Campus

Published Works

• Discovery Channels, Los Angeles Daily Journal, 2009
• Member of Chevron defense team discusses special skills needed for deposing foreigners, The National Law Journal (Read the article on the website), 2009
• Ninth Circuit Curbs Enforceability of Forum Selection and Choice of Law Clauses Against California Consumers, 2009

Address

555 California Street
26th Floor
San Francisco, CA 94104

Phones

1.415.875.5712 (Business Phone)

Faxes

1.415.875.5700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com