Brad S Karp

April 28, 2005 | Law.com

A decision issued last month by the 2nd Circuit clarifies when a customer "owns" a copy of a computer program, as opposed to merely licensing it. The court held that the defendant owned the software copy at issue and had broad rights under the Copyright Act to modify the software to fit its needs. This decision has important implications for software licensing, but is unlikely to apply to common mass-market software like Windows or Photoshop.

By Martin Flumenbaum and Brad S. Karp

10 minute read

March 22, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review the decision in Wolfert v. Transamerica Home First, Inc., in which the court rejected appellant's due process challenge to the preclusive effect of a California class action settlement because she had been adequately represented in the class action, but confirmed the availability of collateral attacks on class action judgments in certain limited circumstances.

By Martin Flumenbaum and Brad S. Karp

13 minute read

February 27, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review the notable decision in Heerwagen v. Clear Channel Communications, in which the court held that a district court, in determining whether to certify a class action, may consider the merits of the case. In reaching this conclusion, the Second Circuit decisively retreated from its position in a prior precedent that most commentators had believed placed the court at odds with many of its sister circuits.

By Martin Flumenbaum and Brad S. Karp

13 minute read

September 28, 2005 | New York Law Journal

Martin Flumenbaum, and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review the U.S. Court of Appeals for the Second Circuit's performance in the Supreme Court during its past term and summarize the Second Circuit decisions that the Court has scheduled for review during its 2005 term.

By Martin Flumenbaum and Brad S. Karp

11 minute read

April 27, 2011 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, revisit In re: American Express Merchants' Litigation, where the court reaffirmed its holding that a class action waiver in an arbitration agreement is unenforceable if the costs of non-class arbitration would be so high as to outweigh the possible recovery, effectively prohibiting plaintiffs from vindicating their statutory rights.

By Martin Flumenbaum and Brad S. Karp

11 minute read

June 28, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision by the U.S. Court of Appeals for the Second Circuit, clarifying the scope of the preemption provision in �360k(a) of the 1976 Medical Device Amendments.

By Martin Flumenbaum and Brad S. Karp

12 minute read

April 03, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that in its recent decision in Rolon v. Henneman, the Second Circuit ruled for the first time that testifying witnesses in arbitration proceedings are entitled to absolute immunity for their testimony, indicating that while some witnesses may abuse the protection to achieve their own ends, that is a necessary risk, ameliorated by the presence of procedural safeguards.

By Martin Flumenbaum and Brad S. Karp

9 minute read

December 22, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a decision in which the court held that the Public Company Accounting Reform and Investor Protection Act of 2002 does not revive previously time-barred securities fraud claims.

By Martin Flumenbaum and Brad S. Karp

15 minute read

January 26, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a pathbreaking Second Circuit decision, Lentell v. Merrill Lynch & Co. In Lentell, the court rationalized and clarified its loss causation jurisprudence � which had been, in the court's own words, "somewhat inconsistent" � and in so doing established a formidable barrier to pleading a claim based on alleged research analyst conflicts of interest and securities fraud claims generally.

By Martin Flumenbaum and Brad S. Karp

14 minute read

January 24, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a notable decision addressing an issue of first impression: the scope of the attorney-client privilege in the context of communications between a government lawyer and a public official.

By Martin Flumenbaum and Brad S. Karp

10 minute read