Michael W Mitchell Edward Roche

Michael W Mitchell Edward Roche

November 17, 2022 | Law.com

Common Sense Isn't Dead in Statutory Construction, Even When Statute Is Unambiguous

Fourth Circuit predicts how North Carolina Supreme Court would interpret notice requirement in insurance statute, emphasizing legislative purpose.

By Michael W. Mitchell, Edward Roche and Shameka Rolla

5 minute read

September 12, 2022 | Law.com

Not Playing Games: Trademark Dispute Between Gaming Equipment Rivals Reaches Federal Appeals Court

The dispute illustrates the complex challenges trademark litigants can face, even after agreeing to coexist.

By Michael W. Mitchell, Edward Roche and Phil Cardinale

7 minute read

May 11, 2022 | Law.com

Marriott Investor's Security Fraud Claims Arising from Data Breach Rejected by Fourth Circuit

The Fourth Circuit dismissed an investor's lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer data, its privacy practices, or its cybersecurity risks.

By Michael W. Mitchell, Edward Roche and Mark M. Rothrock, Smith Anderson

6 minute read

March 15, 2021 | Law.com

4th Circuit: Market Risks Hindsight Is Not Enough to Support Securities Fraud Claim

Statements and omissions arising from legitimate, subjective business judgments that allegedly become misleading only with the benefit of hindsight are insufficient to create the "strong inference" of intent necessary to satisfy the heightened standard for pleading a securities fraud claim.

By Michael W. Mitchell, Edward Roche and Derek Sutton

6 minute read