Brad S Karp

January 27, 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

December 31, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a decision that makes clear that the presence of illegal firearms in a high-crime area does not, on its own, justify a warrantless search of people and property protected by the Fourth Amendment.

By Martin Flumenbaum and Brad S. Karp

10 minute read

November 28, 2014 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'Floyd v. City of New York', in which the circuit affirmed a district court order denying a motion by a group of police unions to intervene in New York City's "stop-and-frisk" settlement.

By Martin Flumenbaum and Brad S. Karp

10 minute read

October 28, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the background and implications of 'Republic of Iraq v. ABB,' in which the court affirmed a decision that dismissed Foreign Corrupt Practices Act, Racketeer Influenced and Corrupt Organizations Act, and state law claims brought by the Republic of Iraq against two individuals and numerous business entities based around the world.

By Martin Flumenbaum and Brad S. Karp

14 minute read

October 07, 2014 | New York Law Journal

Robert Fiske's "Prosecutor, Defender, Counselor" is a must-read for lawyers, critics of the legal profession, and anyone looking for an uplifting narrative of a life exceptionally well-lived by an individual of extraordinary talents and uncommon virtue.

By Brad S. Karp

8 minute read

September 24, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 30th annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past term, and briefly discuss the Second Circuit decisions scheduled for review during the new term.

By Martin Flumenbaum and Brad S. Karp

14 minute read

August 28, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Paloka v. Holder,' in which the court vacated and remanded a decision by the Board of Immigration Appeals that rejected the petitioner's appeal of denial of her application for asylum, a claim that was based on her inclusion in a "particular social group."

By Martin Flumenbaum and Brad S. Karp

12 minute read

July 23, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'SEC v. O'Meally', in which the court overturned a jury verdict in favor of the SEC against a mutual fund broker for using an allegedly deceptive market timing strategy.

By Martin Flumenbaum and Brad S. Karp

10 minute read

June 25, 2014 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison discuss 'SEC v. Citigroup', in which a Second Circuit panel reversed a district court rejection of the proposed consent judgment between the SEC and Citigroup. The authors write: The Second Circuit's decision brings much-needed clarity to the law, and confirms that regulatory consent judgments in which the defendant neither admits nor denies the allegations are an appropriate tool of enforcement agencies.

By Martin Flumenbaum and Brad S. Karp

11 minute read

May 30, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Peña,' in which the court found that the defendant's sworn statements, discredited by the district court, did not demonstrate a willful obstruction of justice. The decision delineates the line between a sentencing enhancement that advances valid sentencing goals and one that violates a defendant's constitutional and statutory rights to testify.

By Martin Flumenbaum and Brad S. Karp

13 minute read