Brad S. Karp

December 31, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, analyze a case in which the court clarified the circumstances and manner in which a corporate party can supplement its prior deposition testimony through additional testimony or affidavits under Rule 30(b)(6) of the FRCP—here, testimony from a different witness that the opposing party claimed contradicted the first individual designated by the corporation to provide testimony on its behalf.

By Martin Flumenbaum and Brad S. Karp

12 minute read

December 30, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, analyze a case in which the court clarified the circumstances and manner in which a corporate party can supplement its prior deposition testimony through additional testimony or affidavits under Rule 30(b)(6) of the FRCP—here, testimony from a different witness that the opposing party claimed contradicted the first individual designated by the corporation to provide testimony on its behalf.

By Martin Flumenbaum and Brad S. Karp

12 minute read

November 27, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp found that Google's purpose in copying books is highly transformative, that Google provides a limited public display of text, that its copying does not constitute a significant market substitute for the protected aspects of the original works, and that Google's profit motivations do not justify denial of fair use.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 25, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp found that Google's purpose in copying books is highly transformative, that Google provides a limited public display of text, that its copying does not constitute a significant market substitute for the protected aspects of the original works, and that Google's profit motivations do not justify denial of fair use.

By Martin Flumenbaum and Brad S. Karp

11 minute read

October 28, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze 'Chen v. Major League Baseball Properties,' in which the court considered the definition of "establishment" as it is used under an exemption in the Fair Labor Standards Act, which exempts seasonal amusement and recreational establishments from the act's minimum wage requirements.

By Martin Flumenbaum and Brad S. Karp

10 minute read

October 27, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze 'Chen v. Major League Baseball Properties,' in which the court considered the definition of "establishment" as it is used under an exemption in the Fair Labor Standards Act, which exempts seasonal amusement and recreational establishments from the act's minimum wage requirements.

By Martin Flumenbaum and Brad S. Karp

10 minute read

September 23, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 31st annual review of the circuit's performance in the U.S. Supreme Court over the past term—a fractious term that presented the most dissenting opinions in decades and fewer unanimous opinions than in many years—and discuss the Second Circuit decisions scheduled for review during the new term.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 22, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 31st annual review of the circuit's performance in the U.S. Supreme Court over the past term—a fractious term that presented the most dissenting opinions in decades and fewer unanimous opinions than in many years—and discuss the Second Circuit decisions scheduled for review during the new term.

By Martin Flumenbaum and Brad S. Karp

12 minute read

August 26, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Littlejohn v. City of New York', where the court held that, to the extent that the McDonnell Douglas evidentiary standard relaxes the factual showing required for plaintiffs to defeat a summary judgment motion, it likewise relaxes the facts needed to be pleaded under 'Ashcroft v. Iqbal' to survive a motion to dismiss.

By Martin Flumenbaum and Brad S. Karp

15 minute read

August 26, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Littlejohn v. City of New York', where the court held that, to the extent that the McDonnell Douglas evidentiary standard relaxes the factual showing required for plaintiffs to defeat a summary judgment motion, it likewise relaxes the facts needed to be pleaded under 'Ashcroft v. Iqbal' to survive a motion to dismiss.

By Martin Flumenbaum and Brad S. Karp

15 minute read