Mitchell A Lowenthal

August 17, 2017 | New York Law Journal

Daily, guards sexually abuse women at New York City's Rikers Island jails. Even if, as recommended by the Lippman Commission, those jails are torn down and replaced, that will take at least 10 years. Reforms are needed now.

By Mitchell A. Lowenthal

12 minute read

May 18, 2009 | New York Law Journal

Mitchell A. Lowenthal, a partner at Cleary Gottlieb Steen & Hamilton, and Timothy M. Haggerty, an associate at the firm, write: Three recent circuit court decisions have held that the class action tolling doctrine protects plaintiffs who do not wait for a class certification decision but file their own individual action after the statutory period has run, signaling a trend that departs not only from earlier circuit court decisions but also from the justifications that grounded the class action tolling doctrine in the first place. Prospects for resolution of the circuit split became substantially dimmer when the Supreme Court recently declined to weigh in on this latest, and perhaps most sprawling, debate over the reach of the class action tolling doctrine.

By Mitchell A. Lowenthal and Timothy M. Haggerty

17 minute read

November 29, 2006 | New York Law Journal

Mitchell A. Lowenthal, a partner at Cleary Gottlieb Steen and Hamilton LLP, and Timothy M. Haggerty, an associate at the firm, write that SLUSA gave federal courts exclusive jurisdiction over claims brought under the Securities Act. Nevertheless, plaintiffs have continued to bring class claims under the Securities Act in state courts, arguing that SLUSA left open a loophole for class actions solely raising claims under the Securities Act.

By Mitchell A. Lowenthal and Timothy M. Haggerty

16 minute read

June 14, 2010 | New York Law Journal

Mitchell A. Lowenthal, a partner at Cleary Gottlieb Steen & Hamilton, and Timothy M. Haggerty, an associate with the firm, write that federal courts, and now for the first time a state court, are reaching a growing consensus that the SLUSA stripped state courts of jurisdiction over certain Securities Act class actions.

By Mitchell A. Lowenthal and Timothy M. Haggerty

16 minute read