Brad S. Karp

April 25, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, anaylyze a Circuit decision not to terminate supervised release upon deportation, a move which allows for longer sentences of defendant-aliens who reenter the United States and commit criminal offenses here post-deportation.

By Martin Flumenbaum and Brad S. Karp

10 minute read

June 27, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the Second Circuit's decision in 'Analytical Securities' provides some helpful clarifications regarding the debt and borderline transaction exceptions to �16(b)'s prohibition of short-swing insider trading. But more importantly, they say, this decision resolves disagreement within the district courts about the proper treatment of hybrid securities under the Exchange Act.

By Martin Flumenbaum and Brad S. Karp

14 minute read

January 23, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that developers will no doubt rest easier knowing that executed contracts on units in buildings with more than 100 units will not remain revocable for two years simply because no deed has been recorded.

By Martin Flumenbaum and Brad S. Karp

10 minute read

February 27, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, analyze a decision where a panel concluded that the circumstances at issue - two members of the arbitral panel failed to disclose that they served together on a panel in another, similar case - were insufficient to support a finding of "evident partiality."

By Martin Flumenbaum and Brad S. Karp

11 minute read

December 28, 2011 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison discuss a recent decision in which the panel agreed with the district court that Merrill Lynch's public disclosures that it routinely engaged in support bidding at its discretion and that without that support bidding an auction might fail were sufficient to defeat allegations of manipulating the ARS market.

By Martin Flumenbaum and Brad S. Karp

12 minute read

July 25, 2012 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp discuss 'United States v. Esso,' where the court, in a matter of first impression in any appellate court, held that permitting a jury to bring home a copy of an indictment for review, when accompanied by appropriate limiting instructions, does not violate a defendant's right to a fair trial.

By Martin Flumenbaum and Brad S. Karp

9 minute read

August 27, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review a decision in which the court held that 'American Pipe' tolling does not apply to the three-year statute of repose in Section 13 of the Securities Act of 1933, regardless of whether 'American Pipe's' tolling rule is characterized as "equitable" or "legal" in nature.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 30, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a recent case in which the court affirmed in part and reversed in part an order enjoining a FINRA arbitration on the grounds that the claims were released by a prior class action settlement, and considered whether a court has the authority under the FAA to enjoin an arbitration, a previously unsettled issue in the Second Circuit.

By Martin Flumenbaum and Brad S. Karp

11 minute read

January 25, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that although 'Citizens United' unleashed a storm of criticism regarding the viability of campaign finance laws, the Second Circuit recently made plain that such laws, to the extent they regulate contributions as opposed to expenditures, may still survive constitutional challenges>

By Martin Flumenbaum And Brad S. Karp

11 minute read

September 20, 1999 | Law.com

This paper discusses a significant recent decision by the Second Circuit. North Atlantic Instruments, Inc. v. Haberaddresses whether a former executive was properly restricted from soliciting plaintiff's customers through the individual client contacts he had developed while in, and prior to, plaintiff's employ. The court ruled that a list of such client contacts constitutes a protectable trade secret under New York law.

By Martin Flumenbaum and Brad S. Karp

15 minute read