Brad S. Karp

December 28, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the Clinton administration paved the way for the establishment of several funds to compensate victims of German and Austrian misconduct committed during World War II. The U.S. Court of Appeals for the Second Circuit recently removed a substantial impediment to the implementation of one such fund aimed at compensating those whose property was confiscated.

By Martin Flumenbaum and Brad S. Karp

15 minute read

December 08, 2010 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze the recent decision in which the Circuit addressed the circumstances in which a party to a civil litigation can be compelled to disclose wiretapped conversations provided to that party by the government as part of a parallel criminal proceeding.

By Martin Flumenbaum and Brad S. Karp

16 minute read

February 24, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss the "protective sweep" doctrine, which allows a search in conjunction with an in-home arrest when there may be a danger to those at the scene, and the court's recent holding that the doctrine does not allow protective sweeps of living quarters after officers gain entry by consent.

By Martin Flumenbaum and Brad S. Karp

14 minute read

May 24, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision holding that in an arbitration before the NASD, the arbitrators, rather than the courts, should determine whether an employee's whistleblower claim under the Sarbanes-Oxley Act was properly before them.

By Martin Flumenbaum and Brad S. Karp

10 minute read

February 25, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review a dismissal of a securities class action against JPMorgan Chase where the court held that plaintiffs did not plead facts sufficient to prove scienter because they failed to link the Enron-related transactions at issue with an intent to defraud JPMorgan Chase's shareholders. Furthermore, the court ruled that any misrepresentations by JPMorgan Chase were immaterial because the transactions comprised only a minute part of its total assets, and would not have significantly altered the "total mix" of information available to investors.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 26, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the Supreme Court's 2006 term was, in the words of one observer, what "conservatives had long yearned for," and what "liberals feared." Several of the Court's opinions reversed U.S. Court of Appeals for the Second Circuit rulings, and reflect the Court's much-discussed shift in favor of business interests.

By Martin Flumenbaum and Brad S. Karp

13 minute read

March 24, 2010 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind Wharton & Garrison, review In re Omnicom Group, Inc. Securities Litigation, in which the Second Circuit continued to develop its standards for establishing loss causation in cases brought under §10(b) of the Securities Exchange Act.

By Martin Flumenbaum and Brad S. Karp

9 minute read

July 25, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the Second Circuit's recent decision in Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanayi AS, which establishes a new standard for determining arbitrator bias and provides guidance on an arbitrator's expanded obligations when faced with a potential conflict of interest.

By Martin Flumenbaum and Brad S. Karp

10 minute read

February 24, 2010 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the U.S. Court of Appeals for the Second Circuit affirmed a district court decision holding that the National Security Agency may respond to a Freedom of Information Act request with a Glomar response ? that is, a response that neither confirms nor denies the existence of the requested records?where a response to the FOIA inquiry would cause harm cognizable under an FOIA exception.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 29, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the Second Circuit recently determined that the land use provisions of the controversial RLUIPA are constitutional. The decision left open, however, the question of precisely where the line should be drawn as to the nature of the land use that will fulfill the definition of religious exercise and implicate RLUIPA.

By Martin Flumenbaum and Brad S. Karp

13 minute read