January 22, 2009 | New York Law Journal
Second Department Eases No-Fault Insurer's Burden to Prove MailingJeffrey S. Siegel, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that determining whether an insurer followed a standard office practice or procedure in mailing a denial of claim or a request for verification is an inexact science and is subject to wide interpretation. Accordingly, they conclude, unless and until the Legislature or the Superintendent of Insurance mandates the use of a Certificate of Mailing, there will continue to be inconsistent decisions from the courts regarding the issue of mailing.
By Jeffrey S. Siegel and Mitchell S. Lustig
10 minute read
June 25, 2004 | New York Law Journal
Estate Tax DecouplingMitchell M. Gans, a professor at Hofstra University School of Law, and Jonathan G. Blattmachr, a partner at Milbank Tweed Hadley and McCloy, write that as a result of federal legislation enacted in 2001, the relationship between the federal and New York estate tax systems was substantially altered.
By Mitchell M. Gans and Jonathan G. Blattmachr
13 minute read
July 31, 2006 | New Jersey Law Journal
Catching the Global WaveBefore jumping into the sea of exciting and ever-changing international law, clients should evaluate the business risk of cross-border transactions and legal counsel should evaluate the legal risk.
By Cathryn A. Mitchell
13 minute read
December 29, 2004 | New York Law Journal
M&A Lease IssuesPeter E. Fisch, and Mitchell L. Berg, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that corporate mergers and acquisitions are often complicated by consent issues relating to leases of the acquired company.
By Peter E. Fisch and Mitchell L. Berg
11 minute read
January 15, 2002 | New York Law Journal
BankingO n Jan. 3, the Federal Reserve Board (board) and the Department of the Treasury (Treasury) issued for public comment their (agencies) joint proposal that would permit Financial Holding Companies (FHCs) and financial subsidiaries of national banks to engage in real estate brokerage and real estate management. Extensive comments were received and, at the request of a number of interested persons, the comment period was extended from March 2 through May 1, 2001. This topic originally was covered in my 6/20/01
By Clyde Mitchell
9 minute read
February 08, 2006 | New York Law Journal
Domestic BankingClyde Mitchell, adjunct professor of banking law at Fordham Law School, having practiced in the banking and financial services group at White & Case for more than 38 years, writes that the closest the first session of the 109th Congress came to the goal line was a Federal Deposit Insurance bill which, because of parliamentary maneuvering, was not passed (although both the House and the Senate came together in the budget process). What will be accomplished in the second session?
By Clyde Mitchell
14 minute read
October 31, 2007 | New York Law Journal
Investment FundsMitchell L. Berg, a partner at Paul, Weiss, Rifkind, Wharton & Garrison and Andrew J. Bates, an associate at the firm, analyze a form of financing that has increasingly been used by real estate funds (as well as other private equity funds) with investment-grade and other creditworthy investors, financings which are secured not by the assets of the funds but by the capital commitments of their investors.
By Mitchell L. Berg and Andrew J. Bates
12 minute read
July 25, 2007 | New Jersey Law Journal
Keep Your SOX OnSome believe that the alarm over the negative effects of SOX on U.S. IPO activity is greatly overstated.
By Cathryn Alexandra Mitchell
9 minute read
April 10, 2006 | New Jersey Law Journal
Don't Leave Me This WayWhen it comes to noncompete agreements there are cases, rules and law, but there is no certainty. When an employer seeks counsel in drafting an airtight noncompete agreement, counsel should advise that the rule is balance and fairness, and the only way to know how a provision will be enforced is to try to enforce it.
By Cathryn A. Mitchell
10 minute read
August 21, 2003 | Law.com
Is Open Source the Beginning or End of the Software Revolution?Electronic commerce involves not only the buying and selling of goods over the Internet; it is also an automated business transaction communicated through the application of technology. And there is no greater debate regarding the flow of e-commerce than that which is occurring between advocates of the new open source paradigm and the historic proprietary software development.
By Cathryn Alexandra Mitchell
17 minute read
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