Brad S Karp

March 22, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Earlier this month, in 'S.E.C. v. Rajaratnam', the Second Circuit reviewed whether the penalty available in a civil insider trading action pursuant to Section 21A of the Securities Exchange Act of 1934 is limited to a defendant's personal profits. In a unanimous opinion, the court held that such a penalty is not so limited, and can be based on profits gained by other individuals or entities as a result of a defendant's insider trading violations. Against the backdrop of other recent developments, the Second Circuit's discussion of the contours of Section 21A's penalty provision represents an interesting extension of insider trading enforcement authority.

By Martin Flumenbaum and Brad S. Karp

9 minute read

February 26, 2019 | New York Law Journal

In this Second Circuit Review, Martin Flumenbaum and Brad S. Karp reflect upon changes in the Second Circuit since their first column was published in 1985. They focus on the changing composition of the court's membership, shifts in the court's caseload, revisions to the Local Rules, and decisions and developments in the case law.

By Martin Flumenbaum and Brad S. Karp

8 minute read

January 29, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss how Second Circuit has generally taken the position that the use of handcuffs during 'Terry' stops converts the stop into an arrest, thereby triggering Miranda rights. That is, until its recent decision in 'U.S. v. Fiseku.'

By Martin Flumenbaum and Brad S. Karp

8 minute read

December 27, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision which clarifies and limits the extent to which unaccepted settlement offers might moot named plaintiffs' claims, and makes it considerably more difficult for class action defendants to successfully deploy this strategy.

By Martin Flumenbaum and Brad S. Karp

9 minute read

November 27, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: In September, the Second Circuit decided that the Armed Career Criminal Act's (ACCA) §924(c)(3)(B) “risk-of-force clause,” which defines “crime of violence” for the purposes of the ACCA's firearms-related sentencing enhancements, is still constitutional despite the Supreme Court's recent 'Johnson' and 'Dimaya' decisions, two cases that struck down similar provisions as unconstitutionally vague.

By Martin Flumenbaum and Brad S. Karp

9 minute read

October 25, 2018 | New York Law Journal

Voters in 23 states—nearly half the country—face barriers to registering and voting that did not exist ten years ago and that disenfranchise our fellow citizens just as the Jim Crow laws did fifty years ago.

By  Brad S. Karp and Robert A. Atkins

5 minute read

October 23, 2018 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp write: When a plaintiff loses her individual stake in litigation through a transaction or intervening event, should her case be dismissed as moot or may the court retain jurisdiction to consider plaintiff substitution under Rule 17(a)(3) to avoid dismissal? As it turns out, the answer is “it depends.”

By Martin Flumenbaum and Brad S. Karp

9 minute read

September 24, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 34th annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past Supreme Court term, and briefly discuss the court's decisions scheduled for review during the upcoming term.

By Martin Flumenbaum and Brad S. Karp

11 minute read

August 21, 2018 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp explain that the Second Circuit has now made clear that, for purposes of class action certification, named plaintiffs only need standing for their own claims.

By Martin Flumenbaum and Brad S. Karp

7 minute read

July 24, 2018 | New York Law Journal

While neutrality is considered the touchstone of dispute resolution, it is not difficult for advocates to think there might be benefits to having judges with deep connections to the parties or their respective industries.

By Martin Flumenbaum and Brad S. Karp

2 minute read