Elena F. Mitchell

Elena's practice focuses on complex litigation matters involving a wide variety of business torts, commercial contracts and mortgage loan disputes, estate litigation, and antitrust litigation. Elena regularly practices in state and federal court.

Elena also frequently represents clients in corporate and government investigations and has experience advising companies, government entities, and nonprofits on diversity, equity, and inclusion-related initiatives and conducting related reviews, audits, and investigations. In addition, Elena routinely assists clients with financial regulatory and compliance issues. In 2017, Elena completed a three-month secondment at a U.S.-based global financial institution focusing on financial regulatory matters and, specifically, recovery planning.

Representative Experience

Investigations

• Routinely conducts internal investigations related to employment law matters, including allegations of discrimination, harassment, and retaliation, as well as sensitive, confidential, internal reviews for Fortune 100 companies and other organizations relating to civil rights and DEI initiatives and impacts
• Conducted a racial equity audit of the nation’s largest private operator of correctional, detention, and residential reentry facilities and thereafter published a report detailing the team’s conclusions and recommendations (publicly-available here: CoreCivic Racial Equity Audit Report)
• Conducted an internal investigation into whistleblower allegations related to advice provided by the legal department of a U.S.-based global financial institution
• Conducted two separate internal investigations on behalf of a U.S.-based global financial institution relating to alleged auditing irregularities

Litigation

• Representing a large, international bank in various class and opt-out actions asserting anti-competitive practices arising from alleged manipulation of foreign exchange markets
• Representing a U.S.-based global financial institution in litigation involving alleged False Claims Act (FCA) violations
• Representing clients in will and trust caveats, including ones involving competency and undue influence issues
• Representing physicians and a physician staffing company in litigation involving numerous private causes of causes related to their alleged retaliatory termination
• Routinely responds to civil investigative and third-party litigation subpoenas

Advisory

• Advising a U.S.-based global financial institution on flood insurance matters
• Advising two, U.S.-based global financial institutions on recovery and resolution planning
• Advising a U.S.-based global financial institution on creating Comprehensive Capital Analysis and Review (CCAR) legal risk assessments

Notable

• Leader Under 40, Community Building Initiative Class 8
• Member, Moore & Van Allen’s Young Professionals Sub-Committee
• Featured speaker at a CLE for the legal department of a U.S.-based global financial institution for two years in a row on the topic of attorney-client privilege and work product protection
• Completed a secondment in the legal department of a U.S.-based global financial institution focused on regulatory matters and, specifically, recovery planning
• North Carolina Pro Bono Honor Society, 2017-2018

News

Insights

Affiliations

• American Bar Association
• Hispanic National Bar Association 
• North Carolina State Bar
• Women Lawyers of Charlotte (WLC), including serving on WLC’s Board of Directors from 2018 – 2021 as a Co-Chair responsible planning the organization’s annual “Fighting for Women with Fashion” event, which benefits victims of domestic violence and sexual assault in Charlotte and Mecklenburg County
• Mecklenburg County Bar
• Mecklenburg County Hispanic Latino Lawyers Bar
• Charlotte Gamecock Club
• UVA Club of Charlotte

Publications

• Contributor to Moore & Van Allen's MVA White Collar Defense, Investigations, and Regulatory Advice Blog, keeping clients up to date on the constantly evolving regulatory environment and serving as a thought leader as regulations and enforcement policy continue to develop
• “Racial Equity Audits: The New ESG Frontier”, Bloomberg Law , April 2022
• “Water Under the Bridge: Revised Interagency Flood Insurance Q&As to Replace Decade-Old Q&As”, MVA White Collar Defense, Investigations, and Regulatory Advice Blog, May 2021.
• "New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses", MVA White Collar Defense, Investigations, and Regulatory Advice Blog, June 2020
• "Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees", MVA White Collar Defense, Investigations, and Regulatory Advice Blog, April 2020
• “Treasury Department Publishes Proposed Rule on CFIUS Filing Fees”, MVA White Collar Defense, Investigations, and Regulatory Advice Blog, March 2020
• “New Treasury Department Regulations Expand CFIUS Authority”, MVA White Collar Defense, Investigations, and Regulatory Advice Blog, February 2020
• “Parting the Waters of Uncertainty for Private Flood Insurance,”ABA Banking Journal’s Risk and Compliance Newsletter, July 2019
• “The Time Is Now to Prepare for Congressional Inquiries from a Democrat-Led House,” Westlaw Journal Bank & Lender Liability, March 2019
• When Someone Shows You Who They Are, Believe Them the First Time:* What a Blue Wave in the House Likely Means for Financial Institutions,"MVA White Collar Defense, Investigations, and Regulatory Advice Blog, November 2018
• "Transitioning Away from LIBOR: What Is Coming and What Can We Do Now?" Corporate Compliance Insights, May 2018