Martin Flumenbaum

July 07, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Bohannon', in which the court vacated an order suppressing evidence seized pursuant to the arrest of a defendant, who was apprehended while a guest in the residence of a third party.

By Martin Flumenbaum and Brad S. Karp

27 minute read

May 31, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Legg v. Ulster County,' in which the court, in an issue of first impression, found that the denial of a light-duty accommodation to the pregnant employee of a county correctional facility was sufficient to support an inference of discrimination under the Supreme Court's recently announced "significant burden" standard for proof of pregnancy discrimination under Title VII.

By Martin Flumenbaum and Brad S. Karp

23 minute read

April 27, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a case involving a mayor's decision to promote one candidate over another for police chief in which the court explicitly addressed for the first time whether discrimination based on Hispanicity constituted racial discrimination under Title VII, or if it instead amounted exclusively to national-origin discrimination.

By Martin Flumenbaum and Brad S. Karp

25 minute read

March 23, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Atlantica Holdings v. Sovereign Wealth Fund Samruk-Kazyna,' in which the court decided, in an issue of first impression, that a sovereign wealth fund owned by a foreign government is not immune under the Foreign Sovereign Immunities Act from a lawsuit alleging that it misrepresented an affiliate's debt notes to investors.

By Martin Flumenbaum and Brad S. Karp

23 minute read

February 16, 2016 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Federal Treasury Enterprise Sojuzplodoimport v. Spirits Int'l B.V.F.', in which the court sought to clarify the extent to which the doctrines of comity and act of state preclude a U.S. court from determining whether the actions of a foreign sovereign validly confer standing for the purposes of a claim under section 32(1) of the Lanham Act.

By Martin Flumenbaum and Brad S. Karp

9 minute read

December 31, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, analyze a case in which the court clarified the circumstances and manner in which a corporate party can supplement its prior deposition testimony through additional testimony or affidavits under Rule 30(b)(6) of the FRCP—here, testimony from a different witness that the opposing party claimed contradicted the first individual designated by the corporation to provide testimony on its behalf.

By Martin Flumenbaum and Brad S. Karp

12 minute read

December 30, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, analyze a case in which the court clarified the circumstances and manner in which a corporate party can supplement its prior deposition testimony through additional testimony or affidavits under Rule 30(b)(6) of the FRCP—here, testimony from a different witness that the opposing party claimed contradicted the first individual designated by the corporation to provide testimony on its behalf.

By Martin Flumenbaum and Brad S. Karp

12 minute read

November 27, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp found that Google's purpose in copying books is highly transformative, that Google provides a limited public display of text, that its copying does not constitute a significant market substitute for the protected aspects of the original works, and that Google's profit motivations do not justify denial of fair use.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 25, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp found that Google's purpose in copying books is highly transformative, that Google provides a limited public display of text, that its copying does not constitute a significant market substitute for the protected aspects of the original works, and that Google's profit motivations do not justify denial of fair use.

By Martin Flumenbaum and Brad S. Karp

11 minute read

October 28, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze 'Chen v. Major League Baseball Properties,' in which the court considered the definition of "establishment" as it is used under an exemption in the Fair Labor Standards Act, which exempts seasonal amusement and recreational establishments from the act's minimum wage requirements.

By Martin Flumenbaum and Brad S. Karp

10 minute read