Brad S. Karp

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Court of Appeals for the Second Circuit rejecting a claim by investment banks that the securities laws have impliedly repealed federal antitrust law and preempted state antitrust law with respect to conduct related to initial public offerings--a decision which sets an extraordinarily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

February 23, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a decision issued earlier this month in which the U.S. Court of Appeals for the Second Circuit became the first federal appeals court to address the impact on federal sentencing of the Supreme Court's consolidated opinion in United States v. Booker and United States v. Fanfan ("Booker").

By Martin Flumenbaum And Brad S. Karp

13 minute read

December 28, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a noteworthy decision by the U.S. Court of Appeals for the Second Circuit, holding that a district court does not have jurisdiction to certify a class action of copyright infringement claims arising from unregistered copyrights, and therefore cannot approve a settlement with respect to those claims.

By Martin Flumenbaum and Brad S. Karp

12 minute read

July 23, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul Weiss Rifkind Wharton & Garrison, discuss a recent decision in which the U.S. Court of Appeals for the Second Circuit clarified the requirements for pleading "corporate scienter" in connection with claims for securities fraud under the Public Securities Litigation Reform Act.

By Martin Flumenbaum and Brad S. Karp

10 minute read

July 28, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on Briarpatch Limited, L.P. v. Phoenix Pictures, Inc., which affirmed the district court's order denying plaintiffs' motion to remand the action to state court. In lieu of relying upon diversity jurisdiction, which had formed the basis of the district court's holding, the court grounded its decision on federal copyright jurisdiction.

By Martin Flumenbaum and Brad S. Karp

12 minute read

January 25, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, opine that although a petition to the Supreme Court is possible, it is unlikely, given the thoroughness of this decision and the fact that both Ms. Stewart and her co-defendant have served their sentences of incarceration.

By Martin Flumenbaum and Brad S. Karp

14 minute read

May 21, 2002 | New York Law Journal

I n this month`s column, we report on a recent decision by the United States Court of Appeals for the Second Circuit in which the Court considered a matter of first impression in this Circuit: the circumstances under which a non-dangerous criminal defendant may be involuntarily medicated for the purpose of rendering him competent to stand trial.

By Martin Flumenbaum And Brad S. Karp

13 minute read

May 25, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a recent case where the majority upheld a conviction despite the trial court's failure to include the subjective defense of actual belief, part of the conscious avoidance standard jury charge. The erosion of this defense to the conscious avoidance doctrine creates a definite risk in the corporate context, where knowledge could be implied up the corporate ladder.

By Martin Flumenbaum and Brad S. Karp

12 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