Brad S. Karp

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

June 24, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that in local federal courts debts arising from unpaid employer contributions can never become non-dischargeable under �523(a)(4) of the Bankruptcy Code ? no matter the level of authority exercised by the employer over plan assets. It remains to be seen, they say, which approach other circuit courts of appeals will follow when faced with this issue, and whether their decisions will generate a circuit split sufficiently substantial to draw Supreme Court review.

By Martin Flumenbaum and Brad S. Karp

14 minute read

December 23, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a recent case where the Circuit affirmed a district court decision holding that a party to a private settlement, whose terms are incorporated into an order of dismissal, is a prevailing party under 42 U.S.C. �1988(b) (a fee-shifting statute governing civil rights actions), and therefore eligible for attorney's fees.

By Martin Flumenbaum and Brad S. Karp

12 minute read

February 27, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, examine Ogunwomoju v. United States, in which the Second Circuit ruled for the first time that a petitioner being held in immigration detention or under an order of removal as a result of a state court conviction is not "in custody" pursuant to the judgment of a state court for purposes of establishing jurisdiction to consider a habeas challenge to that conviction under 28 U.S.C. �2254.

By Martin Flumenbaum and Brad S. Karp

8 minute read

September 27, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, conduct their 22nd annual review of the U.S. Court of Appeals for the Second Circuit's performance during the Supreme Court's past term, when the Court reversed seven Second Circuit decisions, vacated and remanded two in light of other decisions reached this Term, dismissed one at the parties' request, and agreed to hear the remaining decision next Term..

By Martin Flumenbaum and Brad S. Karp

17 minute read

October 27, 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 court unanimously held that such a hostile work environment claim could be brought even if men and women were equally subjected to the same offensive conduct at work.

By Martin Flumenbaum and Brad S. Karp

13 minute read

July 22, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent case where the Second Circuit ruled that in sentencing a criminal defendant who had entered into a cooperation agreement with the government, the district court erred in effectively refusing to consider the extent of the defendant's cooperation following the defendant's breach of one provision of the agreement, notwithstanding that the government chose to honor the agreement by submitting a letter pursuant to Section 5K1.1 of the United States Sentencing Guidelines.

By Martin Flumenbaum and Brad S. Karp

12 minute read

March 25, 2003 | New York Law Journal

By Martin Flumenbaum And Brad S. Karp

12 minute read

April 22, 2003 | New York Law Journal

By Martin Flumenbaum And Brad S. Karp

10 minute read