Brad S. Karp

September 26, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Five of the U.S. Supreme Court's 71 merits decisions (resulting in 69 written opinions) last term arose out of the Second Circuit. One was affirmed and four were reversed or vacated, resulting in an 80 percent reversal rate.

By Martin Flumenbaum and Brad S. Karp

10 minute read

August 29, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze a recent case where the court wrestled with the modern world's reliance on foreign governments to help investigate and develop cases but declined to allow the government's investigatory needs to outweigh defendants' constitutional rights.

By Martin Flumenbaum and Brad S. Karp

8 minute read

July 25, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Although it is "first and foremost of standing's three elements," in the words of the Supreme Court, injury in fact is not always analyzed consistently: Two opinions handed down in May and June by the circuit appear to apply different principles in interpreting injury in fact. Perhaps as a result of their different analyses, the opinions ordered different appellate dispositions.

By Martin Flumenbaum and Brad S. Karp

15 minute read

July 01, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the circuit's recent decision in 'United States v. Bodouva', which addressed whether restitution offsets could be used to lower, or even eliminate, criminal forfeiture orders.

By Martin Flumenbaum and Brad S. Karp

6 minute read

May 30, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's attempt to clarify what types of conduct strip an employee of protection under the National Labor Relations Act as employee speech spreads beyond the physical workplace to social media.

By Martin Flumenbaum and Brad S. Karp

15 minute read

April 25, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision that indicates the court's willingness to expand Title VII to prohibit sexual orientation discrimination, or at least to view gender stereotyping more broadly, an issue the Supreme Court is likely to take up soon.

By Martin Flumenbaum and Brad S. Karp

14 minute read

March 28, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp review a recent decision where the court clarified the procedure that applies to enforcement proceedings under §207 of the FAA against named award-debtors, but failed to address the procedure when an award-creditor seeks to enforce a foreign arbitral award against an alleged alter-ego that is not named on the award.

By Martin Flumenbaum and Brad S. Karp

12 minute read

February 21, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: In spite of its reputation as a natural and architectural wonder, the system that provides New York City's tap water has been the subject of a series of lawsuits over the past two decades brought by environmental organizations that fear pollution in New York's waters. A recent decision likely puts to rest this protracted legal battle, as well as clarifies the circuit's jurisprudence on 'Chevron' deference.

By Martin Flumenbaum and Brad S. Karp

15 minute read

January 24, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Over the past year and a half, the circuit, along with the Southern District, have issued three important decisions interpreting arbitration clause enforceability in both the consumer and employment contexts. At first glance, these decisions all seem to turn on practical considerations, tracking factors like the prominence of the arbitration clause. But arbitration enforceability is not merely an empirical inquiry. In fact, the recent opinions analyze these practical factors to underscore a more fundamental judicial concern: preserving the integrity of contractual bargaining.

By Martin Flumenbaum and Brad S. Karp

13 minute read

December 27, 2016 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp examine two decisions which appear to reflect the court's growing interest in the constitutionality of the government's use of location information obtained by GPS. In both 'U.S. v. Caraballo' and 'U.S. v. Gilliam', the Second Circuit considered whether a defendant's Fourth Amendment right is violated when law enforcement determines his location by acquiring GPS information from a cellular phone provider, and then uses this information to carry out an arrest.

By Martin Flumenbaum and Brad S. Karp

15 minute read