Brad S. Karp

April 23, 2002 | New York Law Journal

I n this month`s column, we discuss a significant decision handed down earlier this month by the United States Court of Appeals for the Second Circuit addressing whether the Williams Act provides an issuer with a private right of action for money damages. In Hallwood Realty Partners, L.P. v. Gotham Partners, L.P ., 1 the Second Circuit, in an opinion written by Judge Guido Calabresi and joined by Judge Jose A. Cabranes and Judge Loretta A. Preska (United States District Court for the Southern District of Ne

By Martin Flumenbaum And Brad S. Karp

12 minute read

August 31, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze the recent decision in which the Second Circuit expanded the range of cases that the SEC can bring against defendants in an attempt to curb insider trading. Specifically, the court held that trades in put options of a company's stock based on inside information obtained in the absence of a fiduciary relationship with the company may constitute fraud in violation of the federal securities laws.

By Martin Flumenbaum and Brad S. Karp

11 minute read

October 25, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the Second Circuit's recent holding in Allegheny Energy, which distinguished the requirement to prove "loss causation" in securities fraud cases from the requirement to prove proximate cause in common-law fraud cases, could hold great significance. The business community is closely monitoring how this case plays out on remand.

By Martin Flumenbaum and Brad S. Karp

10 minute read

October 28, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent decision which held that a successor employer has an obligation to arbitrate the issue of whether, and to what extent, it is bound by the substantive terms of a predecessor's collective bargaining agreement. Although the majority cautioned that its holding is a "narrow one" based on the "substantial continuity of identity of the work force," they declined to adopt the reasoning of an earlier Third Circuit decision, which held that a successor employer cannot be bound by the substantive provisions of its predecessor's CBA without consent.

By Martin Flumenbaum and Brad S. Karp

10 minute read

July 27, 2011 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the court may have hampered the efforts of traditional news media organizations to bring actions against, for example, websites that publish factual content derived from traditional media, and, more generally, the majority's discussion of dicta may provide grist for parties to argue that unfavorable language in earlier opinions is not entitled to precedential weight.

By Martin Flumenbaum and Brad S. Karp

13 minute read

April 22, 2003 | New York Law Journal

By Martin Flumenbaum And Brad S. Karp

10 minute read

November 28, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze the Second Circuit's decision in United States v. Feliz, et. al, which held that the admission of autopsy reports into evidence did not run afoul of either the U.S. Supreme Court's holding in Crawford or the Confrontation Clause inasmuch as they are nontestimonial and qualify as both business and public records.

By Martin Flumenbaum and Brad S. Karp

10 minute read

June 29, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a decision which addressed two issues on which circuits previously have split: first, whether a clerk can properly enter a default against defendants that had answered the complaint and moved to dismiss the claims; and second, whether a court can properly enter a default judgment against defendants without first determining that it has personal jurisdiction over those defendants.

By Martin Flumenbaum and Brad S. Karp

13 minute read

November 23, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review the recent U.S. Court of Appeals for the Second Circuit decision in Twombly v. Bell Atlantic Corp., et al., which, given the comparatively lax pleading bar endorsed by the court, may encourage plaintiffs to file antitrust suits in the hopes of surviving a motion to dismiss and provoking an early settlement from defendants.

By Martin Flumenbaum and Brad S. Karp

13 minute read

August 25, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the Second Circuit's treatment of the "some showing" standard and the presumption of reliance will significantly alter the current landscape of securities class action litigation.

By Martin Flumenbaum and Brad S. Karp

14 minute read