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Andy Mielnik is a member of Winstead's Commercial Litigation Practice Group. Andy concentrates his practice in the area of complex business litigation, with an emphasis on commercial lending, real estate, land-lord tenant, and commercial disputes. His experience encompasses complex cases in both federal and state court through all phases of litigation, which include conducting factual and legal research, drafting pleadings, managing discovery, briefing and arguing motions, preparing for trial, and arbitration and mediation. 

Prior to joining Winstead, Andy served as a law clerk for the Honorable Walter S. Smith, Jr., United States District Court Judge for the Western District of Texas, where he worked on cases involving environmental, patent, employment, administrative, insurance, contract, bankruptcy and copyright law. Andy also served as a law clerk for the Honorable B. Dwight Goains, United States Magistrate Judge for the Western District of Texas. While attending law school, Andy served as a judicial intern for the Honorable Robert A. Junell, United States District Court Judge for the Western District of Texas, and he worked as a legal intern at the Dallas office of the United States Equal Employment Opportunity Commission.

Representative Experience

  • Secured favorable settlement on behalf of title company in complex litigation involving breach of fiduciary duty, fraud, misrepresentation, DTPA violations, conspiracy, corporate veil piercing, and other legal theories
  • Obtained default judgment on behalf of a commercial lender in a loan enforcement matter
  • Represented a mineral interest owner in a mineral dispute and successfully negotiated a favorable settlement
  • Defended closely-held family business in litigation involving allegations of fraudulent transfer, conversion, and misappropriation
  • Defended investment advisor and obtained favorable settlement in a FINRA arbitration

Commercial Litigation

  • Representing banks, servicers, and lenders in litigation matters arising during workouts and foreclosures, including pursuit of extraordinary remedies such as injunctive relief and receivership
  • Representing landlords and tenants in litigation involving breach of lease, evictions, and other legal theories
  • Assisting clients in investigations and examinations by the U.S. Securities and Exchange Commission
  • Representing clients in securities litigation, including defending corporations, officers, and directors in high stakes fiduciary duty claims and shareholder derivative actions
  • Advising clients on a wide variety of complex coverage and claims issues involving title insurance

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