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Mitchell

Mitchell

December 13, 2002 | Law.com

Question: Will This Case Boomerang?

Recorder Associate Editor Greg Mitchell resists the urge to start the column off with jokes about Kangaroo Courts and discusses the possible ramifications of the Australian Internet libel ruling.

By Greg Mitchell

4 minute read

May 30, 2006 | New York Law Journal

'Ex Parte McCardle' Revisited: Osama bin Laden's Limousine Driver

Mitchell S. Lustig and Jill Lakin Schatz, solo practitioners, write that this term the U.S. Supreme Court will confront a case involving the former limousine driver of Osama bin Laden that raises serious constitutional issues concerning the role of the Court under our system of separation of powers.

By Mitchell S. Lustig and Jill Lakin Schatz

10 minute read

June 12, 2006 | New Jersey Law Journal

Significant Players

This article focuses on certain noneconomic issues that arise in the negotiation of fund documents � the ability of fund sponsors to make investments outside the fund or to form competing funds, the co-investment rights of limited partners, "key person" remedies that apply if key investment professionals are no longer involved in the management of the fund, and removal rights with respect to the general partner.

By Mitchell L. Berg and Peter E. Fisch

11 minute read

August 19, 2002 | New Jersey Law Journal

The Changing Face of Software

By Cathryn Alexandra Mitchell

11 minute read

November 30, 2005 | New York Law Journal

Market Players

Mitchell L. Berg and Peter E. Fisch, partners in the Real Estate Department of Paul, Weiss, Rifkind, Wharton & Garrison, describe certain basic economic features of real estate investment funds, which have become among the most significant players in both U.S. and international real estate markets, and the issues sometimes encountered in negotiating these terms.

By Mitchell L. Berg and Peter E. Fisch

12 minute read

May 26, 2009 | New York Law Journal

Are Employees' Personal E-Mail Accounts Off Limits?

Mitchell Boyarsky, a partner at Jackson Lewis, and Jason A. Zoldessy, an associate at the firm, write that whether employers in New York legally may review an employee's or former employee's e-mails, which were sent from or received through a personal e-mail account (such as Gmail or Hotmail), and accessed through a company-issued computer is not so clear.

By Mitchell Boyarsky and Jason A. Zoldessy

9 minute read

April 02, 2002 | New York Law Journal

Outside Counsel

It is well settled that in a proceeding in which an insurer is seeking a stay of uninsured motorist arbitration, the petitioning insurer "bears the initial burden of proving that the offending vehicle was in fact insured at the time of the accident." 1 In other words, the petitioning insurer must establish a prima facie case of coverage for the adverse or offending vehicle. This article will offer guidance to the insurance practitioner as to the best methods available to prove a prima facie case of coverag

By Mitchell S. Lustig

11 minute read

July 06, 2009 | New York Law Journal

Putting the Wind (Back) to Work

Patricia G. Hammes and Mitchell E. Menaker, partners at Shearman & Sterling, and Robert N. Freedman, counsel at the firm, write that the recent growth of the wind power industry was driven by a combination of demand-side growth generated by regulatory requirements, investment subsidies provided by tax-based incentives and a very liquid financing market. If this history is telling, they, say, it will likely take a similar mix to drive future growth in at least the near term.

By Patricia G. Hammes, Mitchell E. Menaker and Robert N. Freedman

15 minute read

October 02, 2006 | New York Law Journal

Proper Proof of Mailing Under N.Y. No-Fault Law

Mitchell S. Lustig and Jill Lakin Schatz, New York pratitioners, write that that the current common-law test for proof of mailing should be abandoned in favor of requiring the insurer to obtain a Certificate of Mailing properly endorsed by the post office.

By Mitchell S. Lustig and Jill Lakin Schatz

10 minute read

August 10, 2005 | New York Law Journal

Domestic Banking

Clyde Mitchell, adjunct professor at Fordham Law School, discusses the major developments that have occurred in the past two years regarding the enforcement of anti-tying provisions against large commercial lenders.

By Clyde Mitchell

12 minute read


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