Mitchell

October 14, 2010 | New York Law Journal

In his Domestic Banking column, Clyde Mitchell, adjunct professor of banking law at Fordham Law School, writes that Dodd-Frank has left a great deal of its implementation and fine-tuning up to the regulators, with more than 24 rules and regulations to be prepared and promulgated in the consumer area alone.

By Clyde Mitchell

11 minute read

May 14, 2008 | New York Law Journal

Mitchell L. Berg, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, and Jesse L. Meshkov, an associate at the firm, write that with the reduced availability of credit, the tightening of lending standards and the downturn in the financial industry and the economy generally, the stage is set for an increased number of real estate loan defaults, foreclosures and workouts. It is thus an opportune time, they say, to reexamine the state of the law on lender liability . . .

By Mitchell L. Berg and Jesse L. Meshkov

16 minute read

March 07, 2008 | Corporate Counsel

Many companies today find themselves heading toward a restructuring in an uneasy partnership with hedge fund investors who provided the necessary leverage in the first place. With the advent of hedge funds as active players in the restructuring process, pressure is placed on directors to comply with their fiduciary duties. Attorneys Nancy A. Mitchell, Jeffrey M. Rosenthal and John W. Weiss provide certain basic rules that can be helpful to directors in facing these obstacles.

By Nancy A. Mitchell, Jeffrey M. Rosenthal and John W. Weiss

14 minute read

September 30, 2009 | New York Law Journal

Mitchell B. Levine, a partner at Fishman McIntyre, and Scott A. Grossman, an associate with the firm, write: "The doctrine of 'open and obvious' is truly counterintuitive. Its application by New York's courts has been anything but uniform and in fact remains wide open and far from obvious. Should the doctrine serve as an absolute defense to a plaintiff's litigation or merely affect a plaintiff's comparative negligence?"

By Mitchell B. Levine and Scott A. Grossman

14 minute read

June 29, 2011 | New York Law Journal

In their Commercial Loans column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that recent activity in the real estate markets has consisted in large part of the sale and acquisition of commercial mortgages and mezzanine loans. They offer practitioners guidance on performing due diligence in such transactions, where circumstances often require that deals close in just days.

By Mitchell L. Berg and Peter E. Fisch

11 minute read

July 24, 2003 | Law.com

The contribution of "knowledge workers" to a company -- whether by way of patentable invention, know how, design, formula, process or methodology -- constitutes intellectual property. And it is here, at the crossroads of intellectual property law and employment law, that trade secrets take center stage.

By Cathryn Alexandra Mitchell

17 minute read

July 07, 2009 | New York Law Journal

Mitchell J. Geller, a partner at Holland & Knight, writes: A contractual choice-of-law provision is "sufficiently broad" to cover tort claims (as well as statutory claims) arising from the contractual relationship if it states that "any claim, controversy or dispute arising under or related to this agreement" is governed by New York law or words to like effect. Nevertheless, corporate attorneys continue to rely on "standard" language used in prior agreements that do not contain this critical language.

By Mitchell J. Geller

13 minute read

December 14, 2005 | New York Law Journal

Clyde Mitchell, an adjunct professor of banking law at Fordham Law School, writes that from a federal banking legislation perspective, this was The Year That Never Was! Unless proposed Federal Deposit Insurance legislation passes, 2005 will turn out to be a barren year.

By Clyde Mitchell

18 minute read

June 14, 2010 | New York Law Journal

Mitchell A. Lowenthal, a partner at Cleary Gottlieb Steen & Hamilton, and Timothy M. Haggerty, an associate with the firm, write that federal courts, and now for the first time a state court, are reaching a growing consensus that the SLUSA stripped state courts of jurisdiction over certain Securities Act class actions.

By Mitchell A. Lowenthal and Timothy M. Haggerty

16 minute read

October 19, 2001 | The Recorder

By Greg Mitchell

5 minute read