Brad S. Karp

August 24, 2021 | New York Law Journal

In this month's Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a unanimous decision in which the Second Circuit held that parole officers' searches of parolees are governed by the "special needs" exception to the Fourth Amendment's default requirement that a law enforcement-related search be conducted pursuant to a showing of probable cause and a warrant.

By Martin Flumenbaum and Brad S. Karp

9 minute read

July 27, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a decision that highlights the importance of considering how state-use of conditioned federal funds may affect potential litigation and how best to structure various relationships—including contracts, collaborative research agreements, and assignments—to account for Eleventh Amendment immunity considerations.

By Martin Flumenbaum and Brad S. Karp

9 minute read

June 22, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp break from their tradition of covering recent decisions to discuss the indelible impact Chief Judge Katzmann left on the court and the broader community.

By Martin Flumenbaum and Brad S. Karp

8 minute read

May 25, 2021 | New York Law Journal

On March 31, in 'United States v. Felder', the U.S. Court of Appeals for the Second Circuit resolved three matters of first impression regarding the mens rea and causation requirements of the federal carjacking statute and joined six other circuits in identifying federal carjacking as a predicate crime of violence. In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the case and the court's ruling.

By Martin Flumenbaum and Brad S. Karp

7 minute read

April 27, 2021 | New York Law Journal

Following sharp criticism by the Seventh Circuit for its broad application of the fair use defense, the Second Circuit's decision in 'Andy Warhol Foundation v. Goldsmith' turns the tide of fair use jurisprudence back toward a more even balance between creators of original works.

By Martin Flumenbaum and Brad S. Karp

7 minute read

April 01, 2021 | The American Lawyer

Paul Weiss chairman Brad Karp and partner Robert Atkins, co-chair of the Brennan Center for Justice, call for law firms to join corporate America in standing up to legislation that may suppress voting rights.

By Brad S. Karp and Robert Atkins

4 minute read

March 23, 2021 | New York Law Journal

In their Second Circuit Review , Martin Flumenbaum and Brad Karp discuss 'Cavello Bay Reinsurance v. Shubin Stein,' an opinion which "continues the Second Circuit's trend of taking a narrow approach to the extraterritorial reach of the federal securities laws."

By Martin Flumenbaum and Brad S. Karp

8 minute read

February 23, 2021 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss the court's ruling in 'United States v. Ho', which "silenced post-'Hoskins' speculation that the Second Circuit would continue to narrow the scope of FCPA liability."

By Martin Flumenbaum and Brad S. Karp

7 minute read

January 26, 2021 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the decision in 'Tangreti', which offers "much-needed guidance on the pleading standard for §1983 claims against government supervisors."

By Martin Flumenbaum and Brad S. Karp

8 minute read

December 22, 2020 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp compare and contrast the different approaches of the Second Circuit and Supreme Court in 'Roman Catholic Diocese of Brooklyn v. Cuomo', and discuss the implications of the Supreme Court's decision.

By Martin Flumenbaum and Brad S. Karp

8 minute read