John C. Mitby
Attorney Profile
Top Rated Business Litigation Attorney in Madison, WI
A senior attorney at Hurley, Burish, & Stanton, S.C., John C. Mitby provides advice and counsel to his business clients in Madison and throughout the state of Wisconsin. His practice encompasses litigation, transactions such as mergers and acquisitions, employment law, the drafting and review of contracts, and financings. Mr. Mitby's clients include insurance companies, construction and engineering firms, nonprofits, and real estate companies. Held in high esteem by his legal colleagues, he is AV Preeminent* peer-review rated through Martindale-Hubbell and has a 10.0 "Superb" peer-review rating through Avvo. Mr. Mitby has also been selected for inclusion in The Best Lawyers in America for over 20 years, and in 2013 the Wisconsin Law Journal named him to its annual Leaders in the Law list.
Mr. Mitby is an active participant in numerous professional organizations. A fellow in the Wisconsin Law Foundation, his other memberships include the Wisconsin Association for Justice, the Dane County Bar Association and the Western District of Wisconsin Bar Association. Mr. Mitby is also a past president of the Wisconsin Chapter of the American Board of Trial Advocates, and he is a former chair of the Litigation Section of the State Bar of Wisconsin. He is active in his community as well, having served as president of two charitable foundations and as the chair of the Olympic Development Program for girls soccer in his state. In 2020 he received Dane County Life Time Pro Bono Award.
For over 20 years he has had the highest rating by Best Lawyers in business litigation and mediation. He also has the highest possible rating for Legal Ability and Ethical Standards for numerous years in the Judicial Edition of Martindale-Hubbell, and ranked as in 2020 as Lawyer of Distinction and American Registry 2019 Top Attorney in Wisconsin.
Mr. Mitby is admitted to practice before all Wisconsin and Colorado state courts. He is also admitted to practice before the U.S. District Courts for the Eastern and Western Districts of Wisconsin, the U.S. Court of Appeals for the 7th Circuit, and the Supreme Court of the United States. He was awarded his Juris Doctor by the University of Wisconsin Law School in 1971.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
- 50%Business Litigation
- 40%Business/Corporate
- 10%General Litigation
Contracts, Litigation
Selections
- Super Lawyers: 2008 - 2021
Additional Sources of Information About John C. Mitby
Visit my FindLaw® profile
White Papers
- Business or Governmental Investigative Team (2019) - How to properly handle an investigations.
About John C. Mitby
First Admitted: 1971, Wisconsin
Professional Webpage: https://hurleyburish.com/our-team/john-c-mitby/
Other Outstanding Achievements
- Recognized by Dane County Bar Association for pro bono service The Best Lawyers in America Commercial Litigation, Litigation, Business Litigation and Municipal law 2012-2015 Liaison to AIA Documents Committee for review of 2017 AIA TM Contracts 2015
Pro bono/Community Service
- Past Chairperson of Olympic Development Program for girls soccer in Wisconsin
- SAIL, Reddan Soccer Park, Overture Center, Several Foundations
- President of VanWie Foundation and the Olson Foundation
- President, Jennie H. Olson Charitable Foundation, Inc.
Bar/Professional Activity
- Recognized by the State Bar of Wisconsin and Wisconsin Access to Justice Commission as a Pro Bono Honor Society Member, 2013, 2014
- Member, Western District of Wisconsin Bar Association, 1982
- National Academy of Elder Law Attorneys member
- Fellow, Wisconsin Law Foundation
- State Bar of Colorado member, 1992
- Member, Defense Research Institute, Construction Law Committee Member, Past Chairman, Litigation Section, State Bar of Wisconsin, 1982
- Wisconsin, Member
- Member, State Bar of Wisconsin, 1971
- Served, Liaison to AIA Documents Committee for Review of A201™ – 2017 Contract, 2015
- U.S. District Court Western District of Wisconsin, 1971
- Leaders in Law by the Wisconsin Law Journal, 2013, 2013
- Supreme Court of the United States of America, 2009
- Wisconsin Super Lawyers® (Business Litigation Law), 2008-2019, 2019
- The Best Lawyers in America®, Lawyer of the Year, Litigation – Construction, Madison, 2020, 2020
- Wisconsin Chapter of the American Board of Trial Advocates member and past president, 1999
- Member, Dane County and American Bar Associations, 1998
- Western and Eastern District of Wisconsin Bar member Admitted to United States Supreme Court; Oct 13, 2019, 1999
- Member, Past President, Wisconsin Chapter of the American Board of Trial Advocates, 2009
- Affiliate Member, American Council of Engineering Companies, 2012
- The Best Lawyers in America®, Commercial Litigation; Alternative Dispute Resolution, 20110-2020, 2020
- Top Rated Lawyer in Healthcare Law on behalf of American Lawyer Media and Martindale Hubbell®, 2013
- U.S. Court of Appeals for the Seventh Circuit, 1999
- Inducted into the Madison Soccer Hall of Fame for major contributions to Reddan Soccer Park in Verona, Wisconsin, 2012, 2012
- Member, State Bar of Colorado, 2009
- Litigation Section, State Bar of Wisconsin member and past chairman, 1985
- Member, Civil Trial Counsel of Wisconsin, board member, 1983-1987, 1987
- Wisconsin Academy of Trial Lawyers member
- Member, AGC of America, The Associated General Contractors of America, 2018
- The Best Lawyers in America®, Lawyer of the Year, Litigation – Municipal, Madison, 2014
- Member, Wisconsin Academy of Trial Lawyers, 2019
- Member, ACEC, 2017-2019, 2019
- U.S. District Court Eastern District of Wisconsin, 1999
Scholarly Lectures/Writings
- Co-author, "Think Like a Negotiator: Effectively Mediating Client Disputes", Wisconsin Lawyer
- Problems with Cyber Coverge, Cyber Liability Insurance:Consider--But Be Careful as Insurance Company May Deny the Claim, 2018
- Co-author, "Out of the Dark: The Emergence of Toxic Mold Litigation", Wisconsin Lawyer
- Co-author, "Notice of Claim/Limitation of Liability" and "Statutes of Limitation" chapters, Wisconsin Attorneys' Desk Reference, CLE Books, State Bar of Wisconsin
- Co-author, "Wisconsin Proposes Amendments to Wisconsin Rules of Civil Procedure to Address Electronic Discovery", www.axley.com, 2008
- Co-author, "Impact of New E-Discovery Rules", www.axley.com, 2007
- Author, Voting in Wis. Under Assembly Bill 7, 2011
- Author, 7 th Circuit Electronic Discovery Pilot Program, 2010
- Business or Governmental Team: What Should You Expect From Your Attorney
- Insurance Coverage for Fracking Claims
- Drone Law Not Your Typical Model Aircraft
- Wisconsin Law Journal Interview 2015, published in the official publication of the State Bar of Wisconsin
- Article: Preparing For Data Breach
- Family Medical Leave Act ("FMLA") Case: Beware of Time Limits
- It is true: Web Site Accessibility: Does Your Website Put You at Risk for a Lawsuit?
- Cyber Liability Insurance: Consider---Be Careful As Insurance Company may deny claim. Your application is attached and can act as exclusion if fail to follow the terms of the application. Even with IT department or help hard to do! No Coverage but paid for policy!
Educational Background
- J.D., University of Wisconsin Law School, 1971
- University of Wisconsin-Madison, Wisconsin, B.S., 1966
Videos
- 2013 Leaders in the Law, 2013
- Information to help clients, Make Smart Choices with Your Madison Business, Clients, 2018
- Leaders in the Law
- Axley Brynelson's Managing Partner Attorney John C. Mitby 2009-2014, 2014
- As of Jan. 1, 2015 joined the firm of Hurley, Burish & Stanton, S.C. to head up their business practice and help grow their firm. Prior to that I was as Axley Brynelson's Madison Wisconsin attorneys provide quality and timely legal services at a reasonable price in over 100 areas, including business, tax, estate planning, corporate, health care, construction, litigation, insurance defense, electronic discovery and records management, family law, criminal defense, labor and employment, personal injury, and government relations. I was the firms Managing Partner from 2010-2014, during which time the firm grew and became the number one rated firm in Dane County, Wis. , Law Leader, 2015
Honors/Awards
- For pro bono work in developing 50 acre Soccer Park for all ages, Maison Soccer Hall of Fame, Wis. Youth Soccer and Reddan Soccer Park, 2014
- Attorney John Mitby receives the DCBA Lifetime Pro Bono Award for making a positive and lasting impact on the community and on the lives of individuals, young and old, including those with cognitive and physical disabilities, socio-economic challenges, and others traditionally marginalized. Atty. Mitby is a longstanding legal services volunteer for AgeBetter, a non-profit organization serving older adults. Since 2005, Atty. Mitby has provided legal advice and services to develop and sustain AgeBetter’s Sharing Active Independent Lives (SAIL) program. SAIL is a program focused on bringing independence and community to older adults in Madison, and benefits hundreds of seniors locally each year and acts as a model for similar organizations nationwide. Atty. Mitby also has contributed to and assisted the following nonprofits and community resources, among others, through his career: the Goodman Community Center, Easter Seals Camp Wawbeek, Reddan Soccer Park in Verona, 1800 Days in Madison, and Blue Trunk Foundation. As president of the Olson Foundation and the Van Wie Foundation, Atty. Mitby has beeninstrumental in supporting the work of community organizations such as Big Brothers Big Sisters of Dane County, the Goodman Community Center, SAIL, and Easter Seals Camp Wawbeek., Life Time Pro Bono Award, Dane County Bar Association, 2020
- Leaders in Law by the Wisconsin Law Journal, 2013
- Inducted into the Madison Soccer Hall of Fame for major contributions to Reddan Soccer Park in Verona, Wisconsin, 2012
- Named in The Best Lawyers in America® for over 20 years for commercial litigation, litigation – construction, litigation – municipal, mediation and professional malpractice law
- The Best Lawyers in America, 2018, Commercial Litigation, Litigation – Construction, Litigation – Municipal, and Mediation
- Top Rated Lawyer in Healthcare Law on behalf of American Lawyer Media and Martindale Hubbell®, 2013
- The Best Lawyers in America®, Lawyer of the Year, Litigation – Municipal, Madison, 2014
- Recognized by Supporting Active Independent Lives (SAIL) for 10 years of pro bono service, 2015
- Recognized by Dane County Bar Association for pro bono service, 2015
- Wisconsin Super Lawyers® (Business Litigation Law), 2008-2017
- Listed in “Know Your Madisonian,” 1988
- Recognized by the State Bar of Wisconsin and Wisconsin Access to Justice Commission as a Pro Bono Honor Society Member, 2013, 2014
- The Best Lawyers in America®, Lawyer of the Year, Litigation – Construction, Madison, 2013
- The Best Lawyers in America®, Commercial Litigation, Litigation – Construction, Litigation – Municipal, and Mediation, 2016
- Member of the 2015, 2016 Wisconsin Pro Bono Honor Society
- Listed in “Ten Who Made A Difference,” 2004
- Named one of Madison’s top Alternative Dispute Resolution Mediation attorneys by Madison Magazine
- AV Preeminent® Peer Review Rated Martindale-Hubbell® Peer Review Ratings™, 2017
- The Best Lawyers in America®, Commercial Litigation; Alternative Dispute Resolution, 2015
- The Best Lawyers in America®, 2017
Special Licenses/Certifications
- "I have worked with John since 1980. He provides us with with high vlaue and timely advice on whole range of issues dealing with business and and contract law" BS, 2018
Representative Clients
- Best Lawyers Recognition for over 20 years in Business Litigation, Municipal Law and Mediation, 2020
- "John, you always been a great person (Atty or me) and I trust any recommnedation you mya have" LH, 2019
Verdicts/Settlements
- AV Martindale-Hubbell 2020. Over 20 years. Peer Rated for Highest Level of Profesional Excellence and Professional Achievement, 2020
Transactions
- John is a consummate professional with exhaustve and constantly updated knowledge of the law. AC, 2019
Industry Groups
- Business Litigation
Last Updated: 7/28/2021