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Mitchell

Mitchell

October 22, 2013 | The Legal Intelligencer

DEP Argues for Power to Shape Mine Safety Rules

Can the Pennsylvania Department of Environmental Protection interpret the Bituminous Coal Mine Safety Act to protect miner safety, or does it first need to go through the Board of Coal Mine Safety?

By Max Mitchell

4 minute read

August 14, 2013 | New York Law Journal

Dodd-Frank: Three Years Later

In his Domestic Banking column, Clyde Mitchell, an adjunct professor at Fordham University School of Law, discusses the Financial Stability Oversight Council and Consumer Financial Protection Bureau, too big to fail, living wills, the return of Glass-Steagall, and the complexity of our post financial crisis regulatory approach.

By Clyde Mitchell

12 minute read

April 11, 2012 | New York Law Journal

Dodd-Frank and Too Big to Fail

In his Domestic Banking column, Clyde Mitchell, an adjunct professor at Fordham Law School, writes: In the real world there always have, and always will be, entities that are "too big to fail." While the identification of systematically important companies and their related extra regulation and "burial" are useful concepts, at the end of the day we are always going to have to risk the necessity of needing public programs (like TARP) to respond to cataclysmic events if we want to keep our financial system alive and functioning.

By Clyde Mitchell

12 minute read

January 18, 2013 | Connecticut Law Tribune

A New America Alters The Equation

The day after last November's election, Americans looked in the mirror and, for the first time, saw a new vision of themselves. This new America has been said to be a reflection of — and culmination of — changes that have been taking place for decades.

By CATHRYN A. MITCHELL

7 minute read

October 15, 2013 | The Legal Intelligencer

Critical Products Liability Debate Highlights Supreme Ct. Arguments

The state Supreme Court is set to hear whether the Restatement (Second) of Torts or the Restatement (Third) of Torts should govern Pennsylvania products liability at oral arguments today in Pittsburgh.

By Max Mitchell

8 minute read

October 22, 2013 | The Legal Intelligencer

Justices Eye Mental Health Records Admissibility

A complaint that raises issues about a plaintiff's mental condition should be considered a waiver to the protections under the Mental Health Procedures Act, a defense attorney representing a truck driver, who was allegedly involved in a suicide-by-truck incident, argued before the state Supreme Court.

By Max Mitchell

4 minute read

January 04, 2012 | New Jersey Law Journal

Bedlam in Bedrock

A case study in conflicts of interest in matrimonial cases.

By Cathryn A. Mitchell

8 minute read

December 27, 2012 | New Jersey Law Journal

Time To Lift the Yoke of Saffer

We believe it is imperative that New Jersey's legal community support passage of Assembly Bill 2553, which would require that professional malpractice suits be brought within two years.

By Kurt Krauss and Mitchell Terk

4 minute read

October 08, 2013 | The Legal Intelligencer

Summary Judgment for Repeat Discovery Problems Overturned

The Superior Court has set aside summary judgment for defendants in a business dispute plagued with discovery delays.

By Max Mitchell

5 minute read

July 10, 2013 | New York Law Journal

Defining Control in Transfer Restrictions

In his Transactional Real Estate column, Paul, Weiss, Rifkind, Wharton & Garrison partners Mitchell L. Berg and Peter E. Fisch write that control in a real estate joint venture can range from total control by one member to an even split where all decisions must be agreed on by the venturers. Even at the extreme ends of this continuum, however, without a detailed definition of control, there can be uncertainty as to who controls an entity for purposes of a provision restricting assignment.

By Mitchell L. Berg and Peter E. Fisch

10 minute read