Brad S Karp

June 24, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'American Civil Liberties Union v. Clapper,' in which the U.S. Court of Appeals for the Second Circuit found that the collection of telephone metadata by the National Security Agency exceeded the authority granted to it by the Foreign Intelligence Surveillance Act as amended by Section 215 of the Patriot Act.

By Martin Flumenbaum and Brad S. Karp

14 minute read

May 27, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Watts,' in which the circuit reversed the district court's dismissal of a petition by the lawyers for a criminal defendant who asserted a third-party interest in forfeited property, based on a pre-trial assignment of the property in exchange for legal services.

By Martin Flumenbaum and Brad S. Karp

12 minute read

May 26, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Watts,' in which the circuit reversed the district court's dismissal of a petition by the lawyers for a criminal defendant who asserted a third-party interest in forfeited property, based on a pre-trial assignment of the property in exchange for legal services.

By Martin Flumenbaum and Brad S. Karp

12 minute read

April 23, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Concerned Home Care Providers v. Cuomo,' in which the court ruled that New York's Wage Parity Law is not preempted by the National Labor Relations Act or ERISA; nor does it violate the Fourteenth Amendment's Equal Protection Clause or Due Process Clause.

By Martin Flumenbaum and Brad S. Karp

11 minute read

April 22, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Concerned Home Care Providers v. Cuomo,' in which the court ruled that New York's Wage Parity Law is not preempted by the National Labor Relations Act or ERISA; nor does it violate the Fourteenth Amendment's Equal Protection Clause or Due Process Clause.

By Martin Flumenbaum and Brad S. Karp

11 minute read

March 25, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Matthews v. City of New York,' wherein the court concluded that, when a public employee engages in speech pertaining to a subject that does not fall within the employee's duties, and does so in a manner in which ordinary citizens would be expected to engage, the employee speaks as a citizen whose speech is protected, not as a public employee, whose speech may be unprotected.

By Martin Flumenbaum and Brad S. Karp

11 minute read

March 24, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Matthews v. City of New York,' wherein the court concluded that, when a public employee engages in speech pertaining to a subject that does not fall within the employee's duties, and does so in a manner in which ordinary citizens would be expected to engage, the employee speaks as a citizen whose speech is protected, not as a public employee, whose speech may be unprotected.

By Martin Flumenbaum and Brad S. Karp

11 minute read

February 24, 2015 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'Stratte-McClure v. Morgan Stanley,' in which the court concluded as a matter of first impression for this circuit that Item 303 of Regulation S-K imposes a duty of disclosure on a company filing a Form 10-Q which, under certain circumstances, may give rise to liability under Section 10(b) and Rule 10b-5.

By Martin Flumenbaum and Brad S. Karp

10 minute read

February 23, 2015 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'Stratte-McClure v. Morgan Stanley,' in which the court concluded as a matter of first impression for this circuit that Item 303 of Regulation S-K imposes a duty of disclosure on a company filing a Form 10-Q which, under certain circumstances, may give rise to liability under Section 10(b) and Rule 10b-5.

By Martin Flumenbaum and Brad S. Karp

10 minute read

January 28, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision that resolved two matters relating to residential mortgage backed securities on which district courts have been divided: the scope of the Trust Indenture Act of 1939 and a named plaintiff's standing to assert breach-of-duty claims against an RMBS trustee on behalf of absent class members who had invested in trusts other than those in which the named plaintiff had invested.

By Martin Flumenbaum and Brad S. Karp

12 minute read