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Mitchell

Mitchell

May 24, 2001 | Law.com

Obtaining Protection Despite 'TrafFix'

The U.S. Supreme Court's decision in TrafFix Devices Inc. v. Marketing Displays Inc.reflects the Court's recent trend toward sharply curtailing the scope of trade dress protection for product designs. Certain steps can be taken, however, to improve the likelihood of obtaining trade dress protection notwithstanding the decision.

By Glenn Mitchell

8 minute read

April 05, 2012 | New Jersey Law Journal

Mom and Pop and the PTO

IP due diligence is important on Wall Street, Main Street and everywhere in between.

By Cathryn Mitchell

9 minute read

October 10, 2012 | New York Law Journal

Financial Stability Oversight Counsel

In his Domestic Banking column, Clyde Mitchell, an adjunct professor of banking law at Fordham University School of Law, writes that the oversight council created under Dodd-Frank's main strength is getting all of our financial services regulators together under one roof and forcing them to take on tough issues.

By Clyde Mitchell

11 minute read

February 15, 2012 | New York Law Journal

Negotiating Non-Recourse Carveout Guaranties

In their Transactional Real Estate column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that recent court decisions should serve as a caution to borrowers and guarantors to carefully scrutinize the exceptions to the non-recourse nature of their loans.

By Mitchell L. Berg and Peter E. Fisch

14 minute read

October 01, 2013 | The Legal Intelligencer

Sale of Bath Salts Doesn't Warrant Punitives Against Store Owner

A plaintiff may not seek punitive damages against a store owner for selling synthetic compounds commonly referred to as bath salts, even if the seller knows the buyer may use the substance in a harmful way, a Monroe County Court of Common Pleas judge has ruled.

By Max Mitchell

4 minute read

September 24, 2013 | The Legal Intelligencer

County Must Answer Allegations of Inmate Negligence

An inmate on a work detail can be considered a public employee, the Commonwealth Court has ruled, in a decision that could open the door to liability against a government entity for injuries that may stem from these work assignments.

By Max Mitchell

6 minute read

December 14, 2011 | New York Law Journal

Venue Implications of Impleading Public Entity as Third-Party Defendant

Mitchell B. Levine and Isabelle S. Felix of Fishman McIntyre discuss situations where a defendant in an originally and properly venued case seeks to implead a public entity as a third-party defendant and how such a public entity may seek to change such venue.

By Mitchell B. Levine and Isabelle S. Felix

12 minute read

October 08, 2013 | The Legal Intelligencer

Superior Court Finds Wrongful Proceedings Case Lacks Merit

A wrongful use of civil proceedings case against an attorney has been tossed out after the Superior Court found that the plaintiff did not show that the attorney filed suit for purposes other than pursuing discovery and seeking a judgment.

By Max Mitchell

5 minute read

June 14, 2012 | New Jersey Law Journal

The Custody Evaluation: Family Law's Dirty Little Secret

What your client should know before submitting to such an evaluation.

By Cathryn A Mitchell

9 minute read

August 08, 2012 | New York Law Journal

Living Wills Under Dodd-Frank: Their Debut

In his Domestic Banking column, Clyde Mitchell, adjunct professor at Fordham University School of Law, reviews the public sections of the resolution plans submitted by JPMorgan Chase, Bank of America and Citigroup in the event of material distress or failure.

By Clyde Mitchell

11 minute read