Mitchell

December 15, 2003 | New Jersey Law Journal

Confidential information. Trade secrets. These are the protectable interests that are at the heart of a restrictive covenant -- a nondisclosure agreement, a nonsolicitation agreement or, often the most controversial, the noncompete agreement. While noncompete agreements generally work in a business context, what if the protectable interests are not launch dates, but relationships with patients?

By Cathyrn Alexandra Mitchell

14 minute read

April 14, 2009 | Corporate Counsel

The smart and strategic IP owner sees any recession, even one as severe as this, as an opportunity to make strides against competitors that will position a company well when things turn around.

By Cathryn A. Mitchell

7 minute read

August 10, 2011 | New York Law Journal

In his Domestic Banking column, Clyde Mitchell, adjunct professor of banking law at Fordham Law School, discusses the Consumer Financial Protection Bureau and its director, the modifications to Dodd-Frank forty-four Republican Senators have said are necessary before they will confirm any director, and the rules and regulations needed for the Bureau to function.

By Clyde Mitchell

11 minute read

March 09, 2005 | New York Law Journal

Clyde Mitchell, adjunct professor of banking law at Fordham Law School, writes that he does not understand why the banking industry (with its great financial strength and hundreds of thousands of voter-employees) and its powerful and well-financed trade associations has not mounted a more robust campaign against the NAR anti-consumer monopoly and in support of the proposal. On the merits, the proposal definitely is a win/win situation for consumers.

By Clyde Mitchell

13 minute read

May 14, 1999 | Law.com

The Cal. Commission on Judicial Performance can continue to issue "stinger" letters to state judges and doesn't have to provide full-blown hearings to do so, the California Supreme Court ruled Thursday. But in deciding a closely watched challenge of CJP practices, the justices handed a mixed bag to the commission and the judges who may be hauled before it.

By Greg Mitchell

6 minute read

June 21, 2007 | New York Law Journal

New York practitioners Mitchell S. Lustig and Jill Lakin Schatz write that in light of recent decisions denying summary judgment to medical providers for failure to establish proper proof of mailing of the statutory claim forms, one can legitimately ask: are the courts finally sending a message to medical providers that they are no longer welcome and should return to AAA arbitration?

By Mitchell S. Lustig and Jill Lakin Schatz

11 minute read

February 02, 2006 | New York Law Journal

Mitchell S. Lustig, a solo practitioner in Plainview, N.Y., and Jill Lakin Schatz, a solo practitioner in New York City, write that although the no-prejudice rule holding that absence of timely notice of claim by an insured automatically vitiates an insurance contract is well-established in New York, the Court of Appeals has severely weakened that rule in cases where an insured is seeking benefits under the Supplementary Uninsured Motorist Endorsement.

By Mitchell S. Lustig and Jill Lakin Schatz

10 minute read

January 08, 2002 | New York Law Journal

N IMPORTANT consideration in forming any real estate joint venture is the ability of the joint venture partners 1 to exit their respective investments. The identity of the joint venture participants and what each contributes to the joint venture are critical to its success. As a result, many joint venture agreements limit or prohibit transfers of interests by partners, and where transfers are permitted, a non-exiting partner will often seek to control the identity of any new co-venturer, particularly in a s

By Mitchell L. Berg And Peter E. Fisch

14 minute read

March 13, 2003 | New York Law Journal

By Mitchell S. Lustig And Jill Lakin Schatz

9 minute read

February 03, 2004 | New Jersey Law Journal

The Landscape Project Rule imposes substantial burdens on developers and those seeking new homes by declaring large masses of land as protected wetlands with exceptional resource value, without any showing that endangered or threatened species have in fact been present on the property.

By Mitchell H. Kizner and Sharon A. Morgenroth

6 minute read