Brad S Karp

April 22, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a recent decision in which the Second Circuit ruled that, in considering a motion for preliminary injunctive relief against the misappropriation of a trade secret, a finding of misappropriation does not generally give rise to an automatic presumption of irreparable harm. Instead, the panel held that a presumption of irreparable harm may arise, if there is evidence that defendant's continued wrongful use of the proprietary information poses a substantial risk of disclosure or other impairment of the information's value.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 24, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision by the U.S. Court of Appeals for the Second Circuit in which the court ruled that a nonviolent defendant may be involuntarily medicated to render him competent.

By Martin Flumenbaum and Brad S. Karp

11 minute read

February 28, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a recent ruling which, although it has not received much attention, should substantially benefit defendants (especially in the Second Circuit) facing securities fraud claims.

By Martin Flumenbaum and Brad S. Karp

11 minute read

August 23, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the Supreme Court has never addressed whether American Pipe tolling applies to putative class members who file individual actions prior to a decision on certification. The majority of lower federal courts have refused to extend the tolling doctrine in such cases, but the Second Circuit recently joined with the Tenth in holding that tolling is appropriate.

By Martin Flumenbaum and Brad S. Karp

12 minute read

October 26, 2010 | New York Law Journal

In their Second Circuit Review column, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp discuss a recent decision where the circuit clarified the bespeaks-caution doctrine and its application to statements that "contain some elements that look forward and others that do not."

By Martin Flumenbaum and Brad S. Karp

11 minute read

August 25, 2010 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp, discuss the history of the FCC's regulation of indecent speech in broadcasting, and the recent decision that decisively held that the current policy chills protected speech.

By Martin Flumenbaum and Brad S. Karp

13 minute read

August 25, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision in which the U.S. Court of Appeals for the Second Circuit clarified the scope of the Rooker-Feldman doctrine as it applies to issues raised in Article 78 proceedings.

By Martin Flumenbaum and Brad S. Karp

11 minute read

August 24, 2011 | New York Law Journal

In their Second Circuit Review, partners Martin Flumenbaum and Brad S. Karp write that in determining how important an omission in a registration statement may have been to a reasonable investor in light of the overall context, the Second Circuit has provided two seemingly divergent approaches in a pair of recent decisions. Last month, the court reconciled these holdings.

By Martin Flumenbaum and Brad S. Karp

11 minute read

May 27, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss ReliaStar Life Insurance Company of New York v. EMC National Life Company, where the Circuit held that the inclusion of a general provision that each party will bear the fees of its own arbitrator and attorneys in an arbitration agreement does not deprive an arbitral panel of its inherent authority to award such fees as a sanction against a party that acted in bad faith during the arbitration.

By Martin Flumenbaum and Brad S. Karp

10 minute read

May 23, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision which clarified how district courts should calculate attorney's fees that are awarded to prevailing parties pursuant to certain federal statutes.

By Martin Flumenbaum and Brad S. Karp

12 minute read