Brad S Karp

October 23, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss In re Salomon Analyst Metromedia Litigation, in which the Second Circuit addressed whether the fraud-on-the-market presumption articulated by the Supreme Court in Basic Inc. v. Levinson should be limited to suits alleging misrepresentations by issuers of securities, and therefore not be available in suits against research analysts, and if the Basic presumption is indeed available in cases not involving issuers, whether plaintiffs should be required to demonstrate the alleged misrepresentation actually impacted price before the presumption is applied.

By Martin Flumenbaum and Brad S. Karp

13 minute read

June 25, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Estate of Pew v. Cardarelli, in which the Second Circuit ruled that a state-law securities class action that otherwise satisfies the relatively low jurisdictional threshold for federal removal under CAFA will not be remanded to state court solely because the lawsuit relates in some way to any securities.

By Martin Flumenbaum and Brad S. Karp

10 minute read

March 25, 2003 | New York Law Journal

By Martin Flumenbaum And Brad S. Karp

12 minute read

August 27, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent ruling in which the U.S. Court of Appeals for the Second Circuit addressed for the first time the issue of waiver or forfeiture in the context of the psychotherapist-patient privilege.

By Martin Flumenbaum and Brad S. Karp

13 minute read

July 27, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on the recent decision in Wachovia Bank, a case watched very closely by the banking community and state regulators, addressing whether the National Bank Act � and regulations promulgated thereunder � preempt state banking laws.

By Martin Flumenbaum and Brad S. Karp

13 minute read

September 22, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, conduct a review of the U.S. Court of Appeals for the Second Circuit's performance in the Supreme Court during its past term, and also briefly summarize those Second Circuit decisions that the Court has scheduled for review during its 2004 Term.

By Martin Flumenbaum and Brad S. Karp

13 minute read

December 29, 2010 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss the court's finding that a Vermont law banning the use of prescriber data for marketing purposes placed an impermissible restriction on commercial speech under the First Amendment, a decision at odds with two recent holdings from the First Circuit.

By Martin Flumenbaum and Brad S. Karp

12 minute read

December 28, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a landmark decision issued earlier this month by the U.S. Court of Appeals for the Second Circuit that clarifies - and substantially toughens - the standards for adjudicating a motion for class certification under Rule 23 of the Federal Rules of Civil Procedure.

By Martin Flumenbaum and Brad S. Karp

13 minute read

October 26, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a surprising decision by the U.S. Court of Appeals for the Second Circuit rejecting a claim by investment banks that the securities laws have impliedly repealed federal antitrust law and preempted state antitrust law with respect to conduct related to initial public offerings--a decision which sets an extraordinarily high standard for implied immunity.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 28, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp, discuss several of the Second Circuit decisions that were reviewed in the 2010 term and the one that is scheduled for review in the coming term and show the performance of all the circuits this past term.

By Martin Flumenbaum and Brad S. Karp

19 minute read