Mitchell

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

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

June 11, 2008 | New York Law Journal

Clyde Mitchell, adjunct professor of banking law at Fordham University School of Law, writes that because of a lack of confidence in the Office of Federal Housing Enterprise Oversight and serious accounting irregularities and management problems, coorective legislation dealing with such entities as Fannie Mae was originally introduced in 2004 but still languishes in Congress. However, this may change (after five years of squabbling over the issue).

By Clyde Mitchell

13 minute read

January 12, 2007 | Law.com

A Mississippi jury has awarded $2.5 million in punitive damages to a couple who sued State Farm Fire & Casualty for denying their claim after Hurricane Katrina, a decision that could benefit hundreds of others challenging insurers for not covering billions of dollars in storm damage. The couple, who wanted State Farm to pay for their home's full insured value plus $5 million in punitive damages, claimed that a tornado during the hurricane destroyed the home. State Farm blamed all the damage on storm surge.

By Garry Mitchell

4 minute read

December 08, 2004 | New York Law Journal

Clyde Mitchell, adjunct professor of banking law at Fordham Law School, writes that from all appearances, 1999's Gramm-Leach-Bliley Financial Services Modernization Act continues to work and the financial services industry is thriving and competing well in world markets.

By Clyde Mitchell

16 minute read