Brad S. Karp

November 29, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'GAMCO Investors v. Vivendi Universal', where the court discussed one of the key issues in securities litigation—how to rebut the fraud-on-the-market presumption of reliance. The circuit found the defendants in the case had successfully rebutted the presumption by demonstrating that certain opt-out plaintiffs would have purchased the securities at issue even if they had known of the fraud.

By Martin Flumenbaum and Brad S. Karp

15 minute read

October 26, 2016 | New York Law Journal

Second Circuit Review columnists Martin Flumenbaum and Brad S. Karp note that two recent decisions by the Second Circuit demonstrate the court's increasing hesitation to apply U.S. law to foreign jurisdictions. In 'Waldman v. PLO' and 'In re Vitamin C Antitrust Litigation', the court relied upon recent Supreme Court jurisprudence to continue the trend of narrowing the extension of U.S. law to foreign jurisdictions. In each case, the court vacated a nine-figure jury award, relying on jurisdictional precedents and international comity to limit the reach and application of U.S. law.

By Martin Flumenbaum and Brad S. Karp

13 minute read

September 28, 2016 | New York Law Journal

Martin Flumenbaum and Brad S. Karp review the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court. Six of the Supreme Court's 80 merits decisions this term arose out of the Second Circuit, and the column explores those cases and compares the reversal rates with other circuits.

By Martin Flumenbaum and Brad S. Karp

23 minute read

August 23, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp point out that the court has consistently granted fewer petitions for rehearing en banc than any other circuit court, a pattern that has become more pronounced in recent years. Since the beginning of 2011, the Second Circuit has reconsidered only two appeals en banc, compared to an average of 12 across all circuits during the same period. Now, other views are emerging among judges as to the merits of such review.

By Martin Flumenbaum and Brad S. Karp

18 minute read

July 26, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp review a case in which the court considered the question of whether to permit intervenors to participate in lawsuits without requiring that they independently possess standing. The circuit adopted a more expansive construction of the federal judicial power and narrower construction of the case or controversy requirement.

By Martin Flumenbaum and Brad S. Karp

12 minute read

July 07, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Bohannon', in which the court vacated an order suppressing evidence seized pursuant to the arrest of a defendant, who was apprehended while a guest in the residence of a third party.

By Martin Flumenbaum and Brad S. Karp

27 minute read

May 31, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Legg v. Ulster County,' in which the court, in an issue of first impression, found that the denial of a light-duty accommodation to the pregnant employee of a county correctional facility was sufficient to support an inference of discrimination under the Supreme Court's recently announced "significant burden" standard for proof of pregnancy discrimination under Title VII.

By Martin Flumenbaum and Brad S. Karp

23 minute read

April 27, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a case involving a mayor's decision to promote one candidate over another for police chief in which the court explicitly addressed for the first time whether discrimination based on Hispanicity constituted racial discrimination under Title VII, or if it instead amounted exclusively to national-origin discrimination.

By Martin Flumenbaum and Brad S. Karp

25 minute read

March 23, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Atlantica Holdings v. Sovereign Wealth Fund Samruk-Kazyna,' in which the court decided, in an issue of first impression, that a sovereign wealth fund owned by a foreign government is not immune under the Foreign Sovereign Immunities Act from a lawsuit alleging that it misrepresented an affiliate's debt notes to investors.

By Martin Flumenbaum and Brad S. Karp

23 minute read

February 16, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Federal Treasury Enterprise Sojuzplodoimport v. Spirits Int'l B.V.F.', in which the court sought to clarify the extent to which the doctrines of comity and act of state preclude a U.S. court from determining whether the actions of a foreign sovereign validly confer standing for the purposes of a claim under section 32(1) of the Lanham Act.

By Martin Flumenbaum and Brad S. Karp

9 minute read