Martin Flumenbaum

October 27, 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

September 23, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 31st annual review of the circuit's performance in the U.S. Supreme Court over the past term—a fractious term that presented the most dissenting opinions in decades and fewer unanimous opinions than in many years—and discuss the Second Circuit decisions scheduled for review during the new term.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 22, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 31st annual review of the circuit's performance in the U.S. Supreme Court over the past term—a fractious term that presented the most dissenting opinions in decades and fewer unanimous opinions than in many years—and discuss the Second Circuit decisions scheduled for review during the new term.

By Martin Flumenbaum and Brad S. Karp

12 minute read

August 26, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Littlejohn v. City of New York', where the court held that, to the extent that the McDonnell Douglas evidentiary standard relaxes the factual showing required for plaintiffs to defeat a summary judgment motion, it likewise relaxes the facts needed to be pleaded under 'Ashcroft v. Iqbal' to survive a motion to dismiss.

By Martin Flumenbaum and Brad S. Karp

15 minute read

August 26, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Littlejohn v. City of New York', where the court held that, to the extent that the McDonnell Douglas evidentiary standard relaxes the factual showing required for plaintiffs to defeat a summary judgment motion, it likewise relaxes the facts needed to be pleaded under 'Ashcroft v. Iqbal' to survive a motion to dismiss.

By Martin Flumenbaum and Brad S. Karp

15 minute read

July 22, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's consideration of the appropriate standard for determining when an intern qualifies as an employee under the Fair Labor Standards Act, and therefore must be compensated for his work.

By Martin Flumenbaum and Brad S. Karp

14 minute read

July 21, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's consideration of the appropriate standard for determining when an intern qualifies as an employee under the Fair Labor Standards Act, and therefore must be compensated for his work.

By Martin Flumenbaum and Brad S. Karp

14 minute read

June 24, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'American Civil Liberties Union v. Clapper,' in which the U.S. Court of Appeals for the Second Circuit found that the collection of telephone metadata by the National Security Agency exceeded the authority granted to it by the Foreign Intelligence Surveillance Act as amended by Section 215 of the Patriot Act.

By Martin Flumenbaum and Brad S. Karp

14 minute read

May 27, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Watts,' in which the circuit reversed the district court's dismissal of a petition by the lawyers for a criminal defendant who asserted a third-party interest in forfeited property, based on a pre-trial assignment of the property in exchange for legal services.

By Martin Flumenbaum and Brad S. Karp

12 minute read

May 26, 2015 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Watts,' in which the circuit reversed the district court's dismissal of a petition by the lawyers for a criminal defendant who asserted a third-party interest in forfeited property, based on a pre-trial assignment of the property in exchange for legal services.

By Martin Flumenbaum and Brad S. Karp

12 minute read