Brad S Karp

November 26, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Morrison v. National Australia Bank Ltd., in which the U.S. Court of Appeals for the Second Circuit confronted the question of federal courts' subject matter jurisdiction over suits between foreign parties concerning alleged securities fraud violations.

By Martin Flumenbaum and Brad S. Karp

10 minute read

January 22, 2002 | New York Law Journal

I n this month`s column, we report on two recent decisions by the United States Court of Appeals for the Second Circuit, in which the Court addressed the issue of sentencing in light of Apprendi v. New Jersey . 1 In each of the recent decisions, both of which arose under 21 U.S.C. �841, the Second Circuit extended Apprendi in important respects and underscored the confusion that surrounds sentencing determinations in the wake of Apprendi .

By Martin Flumenbaum And Brad S. Karp

13 minute read

March 23, 2011 | New York Law Journal

In the latest installment of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent decision contrary to the recent judicial trend of applying greater scrutiny to class action complaints, which will likely increase efforts by plaintiffs to devise arguments focused on qualitative factors and business segment-level significance.

By Martin Flumenbaum and Brad S.Karp

12 minute read

June 23, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss the recent ruling that Maurice Clarett, a college football player who completed his first year at Ohio State University, was ineligible to enter the National Football League draft.

By Martin Flumenbaum and Brad S. Karp

9 minute read

March 25, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss In re: American Express Merchants' Litigation, a case in which the U.S. Court of Appeals for the Second Circuit addressed for the first time the enforcement of a mandatory arbitration clause in a commercial contract that also contains a class action waiver. The court held, they note, that the class action waiver was unenforceable because the plaintiffs had demonstrated that their antitrust claims could only effectively be pursued through the aggregation of individual claims, either in class action litigation or in class arbitration.

By Martin Flumenbaum and Brad S. Karp

11 minute read

September 24, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the Second Circuit's performance during the past term of the Supreme Court, where the Circuit received the second highest percentage of affirmance of any circuit court, and discuss the Second Circuit decisions that the Court has scheduled for review during the new term.

By Martin Flumenbaum and Brad S. Karp

19 minute read

September 25, 2009 | New York Law Journal

With the U.S. Supreme Court beginning its 2009 term next month, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, conduct their 25th annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past term, and briefly discuss the Second Circuit decisions scheduled for review during the new term. During the 2008 term, they report, the Court issued 61 decisions reviewing opinions by the federal courts of appeals, reversing or vacating judgments in 48.

By Martin Flumenbaum and Brad S. Karp

15 minute read

March 28, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison LLP, review the Second Circuit's decision in Overton v. Todman & Co., which warns any person involved in the securities markets to proceed with great care not only when assisting clients with documents that will be provided to potential investors, but to also continue to monitor carefully their statements and the circumstances related to those statements afterwards to ensure that they were not false when made.

By Martin Flumenbaum and Brad S. Karp

13 minute read

February 12, 2004 | Law.com

The 2nd Circuit decision in Zheng, et al. v. Liberty Apparel Co. clarifies the standard for determining whether contractors and their principals are "joint employers" within the meaning of the Fair Labor and Standards Act. Zheng construes the definition of "employ" to encompass a range of subcontracting relationships. It will be up to other courts to decide what types of "strategically-oriented contracting schemes" fall outside the statute's ambit.

By Martin Flumenbaum and Brad S. Karp

10 minute read

January 26, 2011 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review a decision handed down in December, United States v. Capers, which clarifies fundamental Second Circuit and Supreme Court precedent, providing critical guidance to district courts that apply Miranda, and has likely placed the circuit at the center of future Miranda legal discourse.

By Martin Flumenbaum and Brad S. Karp

15 minute read