May 06, 1999 | Law.com
Any Which Way But PublicLawyers for a Los Angeles TV station and other media organizations will tell the California Supreme Court today that the First Amendment requires civil trials be open to the public and press. And the civil trial spawned this lofty constitutional clash? A messy contract dispute between Clint Eastwood and his former live-in lover, Sondra Locke.
By Greg Mitchell
5 minute read
January 15, 2008 | New York Law Journal
Did Second Circuit Eviscerate Copyright Class Actions?Peter L. Simmons, a partner at Fried, Frank, Harris, Shriver & Jacobson, and Mitchell Epner, an associate at the firm, write that, six years after the U.S. Supreme Court ruled in the landmark Tasini case, the Second Circuit recently threw out the entire settlement and held that the district court lacked jurisdiction even to entertain the claims of most of the class members, even though the rights being asserted were the very ones that the Supreme Court had ruled were, in fact, protectible.
By Peter L. Simmons and Mitchell Epner
14 minute read
December 29, 2010 | Law.com
E-Mail 'Oops' Ends With Law Firm Being Yanked Off CaseAn e-mail program's auto-complete address feature recently sparked a chain of events that culminated in an eye-popping protective order booting counsel off a case in federal court.
By Greg Mitchell
2 minute read
December 21, 2006 | Corporate Counsel
Regulatory Reorganization of Banking Industry -- Any Chance for Change?The First Session of the new 110th Congress will bring us new committee chairpersons of the House Financial Services Committee and the Senate Banking Committee, with a Democratic majority for each. While forecasts have been made regarding several pending issues, not much has been said on possible restructuring of federal bank regulators. Fordham Law School adjunct professor Clyde Mitchell details the current system of multiple, overlapping regulators and discusses the possibilities of a reorganization.
By Clyde Mitchell
13 minute read
January 14, 2009 | New York Law Journal
UCC ForeclosureMitchell L. Berg and Harris B. Freidus, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that while Article 9 provides many benefits to a mezzanine lender foreclosing upon its collateral, Article 9 also offers the mezzanine borrower significant protections against a mezzanine lender's noncompliance with the requirements of Article 9. By understanding the various rights and remedies afforded to it under Article 9, they say, a mezzanine borrower will be better prepared to protect itself in the event its mezzanine lender declares a default under the mezzanine loan and proceeds with a disposition of its equity interests under Article 9.
By Mitchell L. Berg and Harris B. Freidus
13 minute read
October 12, 2005 | New York Law Journal
Domestic BankingClyde Mitchell, an adjunct professor of banking law at Fordham Law School, reviews pending legislation in the House and Senate, including a major modification to the federal deposit insurance program; an overhaul of how our government-sponsored enterprises operate and are regulated; and opposing proposals to allow banks to broker and manage real estate or ban them from it.
By Clyde Mitchell
14 minute read
August 11, 2010 | New York Law Journal
Dodd-Frank: A New Financial WorldIn his Domestic Banking column, Clyde Mitchell, adjunct professor of banking law at Fordham Law School, writes: Who were the winners and losers when the Dodd-Frank Wall Street Reform And Consumer Protection Act was signed into law? Hopefully the winners will turn out to be you and me (or, the "taxpayers", as the Obama administration likes to point out). The "losers" is a more complicated analysis. We probably will not know until: the last regulation, report and study has been finalized; the new regulatory structure has become operative; and the nature of the impact of all of this on our financial services industry is known.
By Clyde Mitchell
12 minute read
January 13, 2003 | Law.com
In Need of a Payment PlanEmergency rooms around the state have been closing down. The failure of some health plans to pay hospitals for emergency care is one reason for this trend. While hospitals can sue health plans for reimbursement, the process is slow and does not solve the problem of the continuous flow of patients through the ER who need care while outstanding accounts receivable become unmanageable.
By Mitchell Olejko and Somnath Raj Chatterjee
9 minute read
February 26, 2004 | Law.com
But I Want Him to Remove My MoleClients have unfettered freedom to choose counsel. What about unfettered choice of care? While noncompete agreements generally work in a business context, what if the protectable interests are not launch dates, but relationships with patients? Is a physician more like an attorney whose competition may not be restricted, or an accountant, who may be held to a stringent noncompete agreement? And is forfeiture of compensation for competition a true employee choice?
By Cathyrn Alexandra Mitchell
14 minute read
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