Mitchell A. Lowenthal’s practice focuses on the prosecution and defense of civil litigations, with an emphasis on disputes arising out of securities and M&A transactions.

Mitchell joined the firm in 1981 and became a partner in 1990.

Notable Experience

Recent Assignments

  • In litigation arising under the federal securities laws, has recently represented Petrobras, Bank of America, Alpha Natural Resources, Inc., Countrywide Financial Corp., ING Groep, N.V., Barclays Bank Plc, dozens of banks acting as underwriters of securities issued by The Royal Bank of Scotland, Lehman Brothers, Healthsouth Corp., Adelphia Communications Corp. and various issuers of mortgage-backed securities, and the Securities Industry and Financial Markets Association in amicus briefs submitted to the U.S. Supreme Court and various Circuit Courts.

  • In M&A litigation and derivative actions, has recently represented American Express Co., and the Boards of Directors of Family Dollar, Dollar Thrifty, Alpha Natural Resources, National Financial Partners and PeopleSoft. He has also recently represented corporate acquirors in M&A litigation, including:  AB (of Power One), Suntory (of Jim Bean) 3M (of Ceradyne), DSM (of Martek), and buyer consortiums of private equity firms (of Alltel, of Biomet and of Chindex).

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Current Assignments

  • Pro Bono representation of two women, and a class of all women detainees, who were sexually abused by guards while confined to the all-women jail on New York City’s Rikers Island.

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Pro Bono

  • Has represented numerous clients pro bono publico, primarily in connection with the unique problems of the homeless.

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Selected Activities

  • Former Chairman, Board of Directors, Urban Justice Center
  • Member, Executive Committee, Bar Association of the City of New York; Former Chair, Committee on Securities Litigation
  • Member, American Law Institute
  • Former Member, Committee on Professional Ethics, New York State Bar Association
  • Law Clerk, the Honorable Edward Weinfeld of the U.S. District Court for the Southern District of New York

Publications

Regularly publishes on securities litigation and complex civil procedure, and regularly publishes articles on these subjects, including in The Cornell Law Review, The Fordham Law Review, The George Washington Law Review, The University of Pennsylvania Journal of Business Law, and The Harvard Law School Forum on Corporate Governance and Financial Regulation. He is also the author of treatise chapters on New York Jurisdiction (West 2013) and Securities Class Actions (LexisNexis 2014).

"M&A Litigation," co-author, The Mergers & Acquisitions Review (Law Business Research, 9th Ed.), August 2015.

"State Courts Lack Jurisdiction to Hear Securities Act Class Actions, But the Frequent Failure to Ask the Right Question Too Often Produces The Wrong Answer," co-Author with Shiwon Choe, The University of Pennsylvania Journal of Business Law (April 2015).

"Forum Selection Clauses in the "Foreign" Court," co-author with Victor Lewkow, The Wall Street Lawyer, April 28, 2014.

"What It Means When a Lead Plaintiff Says "No,"" co-author with Scott Buell and Sean K. Mullen, Securities Law Daily, April 28, 2014.

"Halliburton Decision Could Change the Game, But Won’t End It," co-author with Lewis J. Liman, Today’s General Counsel, April/May 2014.

"U.S. Supreme Court Sharply Limits General Jurisdiction Over Corporate Defendants," co-author with Jonathan Blackman and Carmine Boccuzzi, Aspen Publishers Corporation, Vol. 85, No. 5, pp. 4.  March 3, 2014.

"Shareholder Inspection Rights Under New York Law," co-author with Ari D. MacKinnon, Bloomberg Law, June 11, 2013.

"Merck v. Reynolds: The Supreme Court Clarifies the Standard for Determining When a Plaintiff "Discovers" Fraud for Limitations Purposes in Section 10(b) Actions," co-author with Meredith Kotler and Nancy Ruskin, Financial Fraud Law Report, July 1, 2010.

"Lone Star Deserves Company," co-Author with Evan Davis, Westlaw Journal Derivatives, Vol. 16, Iss. 15, June 7, 2010.

"Jurisdictional Struggle Continues Over 1933 Act Class Suits," co-author with Timothy M. Haggerty, New York Law Journal, June 14, 2010.

"The Primacy of Standing in Mortgage-Backed Securities Class Actions," co-author with Roger Cooper, U.S. Law Week, BNA Insights, Vol. 79, No. 42, May 11, 2010.

"When May Investment Advisors Serve as Lead Plaintiffs in Securities Class Actions?" co-author with Joon H. Kim, Journal of Securities Law, Regulation & Compliance, Vol. 2, No. 4, September 2009.

Events

  • November 18, 2014: 13th Annual Corporate Governance and Disclosure Seminar
  • December 11, 2012: NYCBA's 1st Annual Securities Litigation & Enforcement Institute
  • October 17, 2012: Society of Corporate Secretaries & Governance Professionals 2012 Regional Fall Conference
  • October 10, 2012: Current Developments - Atlanta