Mitchell

July 18, 2005 | New Jersey Law Journal

We are standing at the precipice of a unique moment in the history of the digital revolution, as technology companies, copyright owners, and all of us digest the long-awaited decision of the Supreme Court in Grokster.

By Cathryn A. Mitchell

11 minute read

October 21, 2009 | New York Law Journal

Clyde Mitchell, adjunct professor of banking law at Fordham Law School and a former partner at White & Case, writes that the Obama Administration's current financial services regulatory restructuring (RR) proposal includes the streamlining of our regulatory system by the earth-shaking recommendation of combining the Office of Thrift Supervision with the Office of the Comptroller of the Currency (OCC), with the OCC as the surviving regulator charged with the regulation of all national banks and federally chartered thrift institutions, leaving the Federal Reserve Board as the federal regulator of all state "member banks" and the Federal Deposit Insurance Corporation as the federal regulator of all state banks that are FDIC insured but not "member banks."

By Clyde Mitchell

10 minute read

July 22, 2002 | New Jersey Law Journal

Intellectual property law used to be a specialty reserved only for those with technical or artistic backgrounds. Often considered tangential, its purpose only arose in the context of a Fortune 500 company`s need to develop a brand or a global technology giant`s interest in patenting technology. Today, however, intellectual property law is implicated in virtually every business transaction.

By Cathryn Alexandra Mitchell

17 minute read

August 03, 1999 | Law.com

The Calif. Supreme Court upheld an injunction Monday that prohibits a car rental employee from using racial epithets at work. "Once a court has found that a specific pattern of speech is unlawful, an injunctive order prohibiting the repetition, perpetuation, or continuation of that practice is not a prohibited 'prior restraint,'" wrote Chief Justice Ronald George. But the closely watched case spawned five separate opinions, with a trio of dissents and a concurrence that deprived George of a majority.

By Greg Mitchell

5 minute read

January 31, 2008 | New York Law Journal

David M. Barshay, a partner at Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, and Mitchell S. Lustig, an attorney associated with Nicolini, Paradise Ferretti & Sabella, review recent opinions that suggest no-fault insurers may wish to re-examine the traditional function of the peer review, indicate the Second Department's Appellate Term may be departing from previous decisions, and end a controversy over how attorney's fees are to be awarded in cases where the medical provider prevailed.

By David M. Barshay and Mitchell S. Lustig

12 minute read

January 23, 2004 | Law.com

The raid of Wal-Mart stores and the arrest of illegal aliens working as janitors for outside contractors put a spotlight on immigration policy reform in the United States. That event also raises issues concerning the application of employer-sanction provisions under the Immigration Reform and Control Act. However, companies that regularly use independent contractors can take steps to minimize confusion regarding the characterization of the employment relationship.

By G. Daniel Ellzey and Stephen C. Mitchell

12 minute read

May 31, 2006 | New York Law Journal

Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze issues including 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 which 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

May 05, 1999 | Law.com

By Greg Mitchell

3 minute read

September 22, 2006 | The Recorder

The author of a popular blog, Jeremy Blachman has now written a comic first novel that takes cynicism to a new level.

By Greg Mitchell

4 minute read

October 20, 2006 | National Law Journal

The pharmaceutical industry has repeatedly felt the sting of multimillion-dollar verdicts. As the recent Vioxx litigation demonstrates, the industry particularly needs to strengthen its defense position involving clinical trial protocols and implementation. Attorneys Debra M. Perry (pictured) and Mitchell Kurtz of McCarter & English discuss the lessons counsel can learn from the Vioxx cases and offer suggestions to pharmaceutical companies on improving their risk management procedures.

By Debra M. Perry and Mitchell Kurtz

8 minute read