October 22, 2013 | The Legal Intelligencer
DEP Argues for Power to Shape Mine Safety RulesCan 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 LaterIn 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 FailIn 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 EquationThe 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. ArgumentsThe 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 AdmissibilityA 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 BedrockA 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 SafferWe 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 OverturnedThe 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 RestrictionsIn 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
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