Brad S. Karp

August 22, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, discuss "Dandamudi v. Tisch,' in which the court, applying strict scrutiny, held that a New York statute barring persons who were neither U.S. citizens nor legal permanent residents from obtaining a pharmacist's license is unconstitutional and violates the Equal Protection Clause.

By Martin Flumenbaum and Brad S. Karp

10 minute read

December 26, 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 sufficiency challenges are exceptionally difficult to win, are highly fact-specific, and require a careful examination of the record.

By Martin Flumenbaum and Brad S. Karp

14 minute read

April 24, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp analyze a recent decision that clarified what is required to establish injury-in-fact in the context of consumer food and drug suits when the effects of exposure to a particular drug are still undetermined, and that declined to limit standing to plaintiffs who could not avoid potential injury.

By Martin Flumenbaum and Brad S. Karp

13 minute read

March 28, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a ruling in which the U.S. Court of Appeals for the Second Circuit earlier this month addressed what constitutes a "domestic transaction" in securities not listed on a U.S. exchange permitting the extraterritorial application of Section 10(b) of the Securities Exchange Act and Rule 10(b)?5 promulgated thereunder.

By Martin Flumenbaum And Brad S. Karp

15 minute read

May 23, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, discuss 'United States v. Zangari,' where the court reviewed the Mandatory Victims Restitution Act and decisions from seven of its sister circuits and concluded that restitution be calculated with reference to the victim's actual loss.

By Martin Flumenbaum and Brad S. Karp

9 minute read

October 28, 2004 | Law.com

A recent decision by the 2nd Circuit clarifies what evidence is sufficient to support a hostile work environment claim under Title VII. The opinion held that such a claim could be brought even if men and women were equally subjected to the same offensive conduct. The court explained that it was required to consider the social context in which harassing behavior occurs and to determine whether the offensive conduct at issue was more demeaning to women than to men.

By Martin Flumenbaum and Brad S. Karp

14 minute read

October 26, 2011 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison discuss the convoluted procedural history of Fiero v. Financial Industry Regulatory Authority Inc. and the Circuit's conclusion that appears to limit FINRA to its more "draconian" forms of punishment.

By Martin Flumenbaum and Brad S. Karp

14 minute read

March 27, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a case in which the court has made clear that the record must clearly support a finding of wrongdoing by the party itself (rather than just the actions of counsel) or, at minimum, illustrate the district court's consideration (and rejection) of other available alternatives.

By Martin Flumenbaum and Brad S. Karp

11 minute read

July 29, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison analyze 'Liberty Synergistics v. Microflo,' which offers both a careful consideration of the propriety of appellate intervention prior to entry of a final judgment below and a clear explanation of how district courts should approach complex choice-of-law determinations in diversity actions.

By Martin Flumenbaum and Brad S. Karp

12 minute read

October 22, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp analyze 'United States v. Vilar,' in which the court, addressing an issue left unsettled following the Supreme Court's 2010 decision in 'Morrison v. National Australia Bank,' considered whether criminal liability under Section 10(b) of the Securities Exchange Act of 1934 applies to the purchase and sale of securities outside of the United States.

By Martin Flumenbaum and Brad S. Karp

11 minute read