Brad S. Karp

May 28, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review Vives v. City of New York, in which the Second Circuit concluded that, consistent with decisions from the Sixth, Seventh and Eleventh Circuits, a municipality will not be held liable for constitutional injuries for enforcing unconstitutional state laws unless the municipality makes both a meaningful and conscious choice to enforce the statute.

By Martin Flumenbaum and Brad S. Karp

9 minute read

November 25, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the recent decision in In re DDAVP Direct Purchaser Antitrust Litigation, where, in a case of first impression in any appellate court, the court held that direct purchasers have standing to bring a Walker Process claim - that is, an antitrust claim premised on defendant's enforcement of a patent obtained by fraudulent means - for patents that are already unenforceable due to inequitable conduct. The court, however, declined to decide whether purchaser plaintiffs per se have standing to raise Walker Process claims, leaving for another day the extent of this expansion of standing doctrine.

By Martin Flumenbaum and Brad S. Karp

11 minute read

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