Michael W Mitchell
March 15, 2021 | Law.com
4th Circuit: Market Risks Hindsight Is Not Enough to Support Securities Fraud ClaimStatements 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
December 07, 2020 | Law.com
Employee Transfers May Subject Employers to 'Adverse Actions': Fourth Circuit Provides GuidanceEmployers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions.
By Michael W. Mitchell and Edward Roche
6 minute read
October 07, 2020 | Law.com
Helpful But Prejudicial Trial Evidence May Come at a CostBe careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit's recent decision in 'Macsherry v. Sparrows Point.'
By Michael W. Mitchell and Edward Roche
6 minute read
August 05, 2020 | Law.com
Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in LitigationThe Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation.
By Michael W. Mitchell and Edward Roche
6 minute read
June 08, 2020 | Law.com
Fourth Circuit Ruling Limits Punitive Damages Awards for Sexual Harassment under Title VIIPunitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put employers on alert.
By Michael W. Mitchell and Edward Roche
8 minute read
April 20, 2020 | Law.com
Personal Jurisdiction Does Restrict Where a Corporation Can Be SuedA South Carolina resident sued Marriott in a federal court in his home state after suffering an injury in a Marriott-affiliated hotel overseas. The Fourth Circuit's decision provides helpful guidance on the scope of personal jurisdiction over corporations, and offers some food for thought for litigants.
By Michael W. Mitchell and Edward Roche
8 minute read
February 10, 2020 | Law.com
Fourth Circuit Considers Limits of FederalismOne recent Fourth Circuit decision is an example of the court exploring the role of federalism in federal jurisdiction, in what is known as the "Rooker-Feldman" doctrine.
By Michael W. Mitchell and Grace A. Gregson
6 minute read
December 09, 2019 | Law.com
Fourth Circuit: Attorney-Client Privilege Is Worth Fighting ForThe Fourth Circuit's decision highlights the importance of this protection for effective attorney-client relationships, and a willingness to safeguard the privilege when it is at risk.
By Michael W. Mitchell and Edward Roche
8 minute read
October 14, 2019 | Law.com
Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use'The decision in 'Brammer v. Violent Hues' sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.
By Michael W. Mitchell and Edward Roche
9 minute read
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4Meet the Lawyers on Kamala Harris' Transition Team
- 5Trump Files $10B Suit Against CBS in Amarillo Federal Court
