Mitchell

April 10, 2009 | The Recorder

Equal pay from L.A. to Alpine, a patchwork of perks and perennial fiscal struggles: The state's system for paying its judges defies reason.

By Greg Mitchell

6 minute read

April 14, 2000 | Law.com

New York has traditionally been one of the most difficult jurisdictions for employers to successfully enforce noncompete agreements. Historically, courts in New York have refused to enforce such agreements except in cases involving trade secrets. Relief may be in sight for employers, however. Two recent court decisions, one by the New York Court of Appeals and the other by the Second Circuit, may mark the beginning of a dramatic expansion in judicial enforcement of noncompetition agreements.

By Beverly W. Garofalo and Mitchell L. Fishberg

6 minute read

July 22, 1999 | Law.com

Rather than simply ask whether an applicant for the bench can enforce the law, California Gov. Gray Davis' judicial appointments secretary is asking would-be judges a series of personal questions on issues from abortion to the death penalty. A spokesman says Davis wants judges who represent his views on the issues that got him elected. But critics worry that the governor may be imposing a litmus test that will undermine the independence of the judiciary.

By Greg Mitchell

6 minute read

February 14, 2007 | New York Law Journal

Clyde Mitchell, adjunct professor at Fordham Law School, reviews legislative developments over the past twelve months, marking the seventh anniversary of the Gramm-Leach-Bliley Financial Services Modernization Act, designed to break down the barriers that have separated our banking, securities and insurance industries and placed our companies in those industries at a competitive disadvantage with their international counterparts.

By Clyde Mitchell

16 minute read

August 01, 2005 | New Jersey Law Journal

There is no question that the environment in which the corporate lawyer is functioning today is substantially different than it was even 10 years ago. The Rules of Professional Conduct govern our behavior, and, in particular, provide guidance in cases where organizational conduct is questioned.

By Cathryn A. Mitchell

11 minute read

September 22, 2009 | New Jersey Law Journal

Like the practice of yoga, the key to the proper interface of intellectual property and antitrust that are so essential to the operation of our free market system is balance.

By Cathryn A Mitchell

8 minute read

September 24, 2007 | Law.com

Johnson & Johnson Corporation recently sued the American Red Cross for its use of the Cross Design in connection with the ARC's licensing of the design of commercial products manufactured by third parties. Press reports suggest there are a number of issues, including, perhaps, which entity -- the Red Cross, or J&J -- has superior rights in the mark in connection with use on medical products. Although little appears to be factually clear, one thing is plain: this is an ugly public relations battle.

By Cathryn A. Mitchell

7 minute read

April 13, 2011 | New York Law Journal

In his Domestic Banking column, Clyde Mitchell, adjunct professor of banking law at Fordham Law School, discusses the new, powerful regulator; its primary responsibilities and current status; the appointment of Elizabeth Warren as "unofficial czar" of the bureau; and the benefits and drawbacks of not appointing an official director.

By Clyde Mitchell

13 minute read

May 18, 2009 | New York Law Journal

Mitchell A. Lowenthal, a partner at Cleary Gottlieb Steen & Hamilton, and Timothy M. Haggerty, an associate at the firm, write: Three recent circuit court decisions have held that the class action tolling doctrine protects plaintiffs who do not wait for a class certification decision but file their own individual action after the statutory period has run, signaling a trend that departs not only from earlier circuit court decisions but also from the justifications that grounded the class action tolling doctrine in the first place. Prospects for resolution of the circuit split became substantially dimmer when the Supreme Court recently declined to weigh in on this latest, and perhaps most sprawling, debate over the reach of the class action tolling doctrine.

By Mitchell A. Lowenthal and Timothy M. Haggerty

17 minute read

July 16, 2002 | New York Law Journal

I N TWO recent opinions, the New York Insurance Department reaffirmed its longstanding view that debt cancellation and debt suspension agreements, made by many banks in connection with installment loans, are insurance contracts.

By Clyde Mitchell

13 minute read