Practice Areas
- Antitrust/Competition
- Class Actions
- Complex Litigation
- Employment
- Environmental
- Intellectual Property
- Trade Regulation
Education
- University of Michigan, J.D., 1988
- University of Michigan, M.A. Economics, 1988
- Kalamazoo College, B.A., cum laude, 1984
Bar and Court Admissions
- United States Circuit Court of Appeals 4th Circuit
- United States Circuit Court of Appeals 6th Circuit
- United States Circuit Court of Appeals D.C. Circuit
- United States District Court Western District of Michigan
- United States District Court Eastern District of Michigan
- United States District Court Central District of Illinois
- United States District Court Eastern District of Virginia
- United States District Court Southern District of Ohio
- United States District Court District of Coumbia
- Michigan Bar
- District of Columbia Bar
Past Professional Experience
- Kellogg Company; Corporate Counsel; Litigation & Regulatory Affairs, Battle Creek Michigan 2000-2003
- ProCo Sound; General Manager and General Counsel, Kalamazoo Michigan 1996-2000
- Dickinson, Wright; Of Counsel, Lansing Michigan 1993-1996
- Howrey & Simon; Associate, District of Columbia 1988-1993
Mitchell J. Rapp
Mitch represents both plaintiffs and defendants as part of the firm’s antitrust and complex litigation practice groups. He focuses primarily on representing corporations in antitrust or commercial disputes, often in the context of multi-district litigation and/or class actions. He also works in the firm’s antitrust class action practice, primarily in the expert phase of proceedings.
Mitch has significant experience in seeking to resolve disputes for clients outside the context of litigation or before litigation is filed. Similarly, both as an in-house lawyer and on behalf of corporate clients, he has performed internal investigations as to potential antitrust violations, alleged discrimination, and other potential legal violations to determine litigation exposure and/or corrective action. In addition to litigation, he regularly counsels clients on all aspects of antitrust and trade regulation, including compliance programs and opt-out decisions. He also lectures on antitrust and corporate litigation, particularly to corporations and university classes.
Prior to joining Zelle Hofmann, Mitch was at Kellogg Company, where he was responsible for overseeing the company’s litigation and regulatory affairs (e.g., antitrust, environmental, FDA, import/export, OSHA, FTC), as well as serving as the crisis management lawyer. During his years at Kellogg, he oversaw Zelle’s representation of Kellogg in the Vitamins and Cartonboard cases, which resulted in several multimillion dollar settlements in favor of the company. Prior to Kellogg, he spent four years with operational responsibility (in addition to legal responsibility) for a music manufacturing company. Mitch has offices in both Kalamazoo and Minneapolis.
Mitch sits on the firm’s Business Development Committee, utilizing his previous in-house and corporate operational experience to help the firm more effectively identify and address the needs of its clients and prospective clients.
Representative Matters
In re: Motor Fuel Temperature Sales Practices Litigation (represent a defendant, consumer protection)
Alvarez et. al. v. Chevron et. al. (represent a defendant, consumer protection)
In re: Linerboard Antitrust Litigation (represented opt-out plaintiffs in conspiracy to restrict output)
In re: Ethylene Propylene Diene Monomer (EPDM) Antitrust Litigation (represented opt-out plaintiffs in conspiracy to fix prices)
In re: Foundry Resins Antitrust Litigation (represented only opt-out plaintiff in conspiracy to fix prices)
In re: Carbon Black Antitrust Litigation (represented only opt-out plaintiff in conspiracy to fix prices)
In re: Polychloroprene Rubber (CR) Antitrust Litigation (conspiracy to fix prices)
In re: Graphics Processing Unit Antitrust Litigation (represented indirect purchaser class in conspiracy to fix prices)
Articles & Presentations
"Proof of Conspiracy Under the Federal Antitrust Laws," American Bar Association Section of Antitrust law, scheduled release April 2010, contributing author
Professional Affiliations
- American Bar Association
- American Bar Association Antitrust Section
- American Bar Association Litigation Section
- Michigan Bar Association
- Michigan Bar Association Antitrust Section, Board Member
- Michigan Bar Association Litigation Section
- District of Columbia Bar Association
- District of Columbia Bar Association Antitrust Section
- Kalamazoo County Bar Association
