Martin Flumenbaum

October 28, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the background and implications of 'Republic of Iraq v. ABB,' in which the court affirmed a decision that dismissed Foreign Corrupt Practices Act, Racketeer Influenced and Corrupt Organizations Act, and state law claims brought by the Republic of Iraq against two individuals and numerous business entities based around the world.

By Martin Flumenbaum and Brad S. Karp

14 minute read

September 24, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 30th 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.

By Martin Flumenbaum and Brad S. Karp

14 minute read

August 28, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Paloka v. Holder,' in which the court vacated and remanded a decision by the Board of Immigration Appeals that rejected the petitioner's appeal of denial of her application for asylum, a claim that was based on her inclusion in a "particular social group."

By Martin Flumenbaum and Brad S. Karp

12 minute read

July 23, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'SEC v. O'Meally', in which the court overturned a jury verdict in favor of the SEC against a mutual fund broker for using an allegedly deceptive market timing strategy.

By Martin Flumenbaum and Brad S. Karp

10 minute read

June 25, 2014 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison discuss 'SEC v. Citigroup', in which a Second Circuit panel reversed a district court rejection of the proposed consent judgment between the SEC and Citigroup. The authors write: The Second Circuit's decision brings much-needed clarity to the law, and confirms that regulatory consent judgments in which the defendant neither admits nor denies the allegations are an appropriate tool of enforcement agencies.

By Martin Flumenbaum and Brad S. Karp

11 minute read

May 30, 2014 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Peña,' in which the court found that the defendant's sworn statements, discredited by the district court, did not demonstrate a willful obstruction of justice. The decision delineates the line between a sentencing enhancement that advances valid sentencing goals and one that violates a defendant's constitutional and statutory rights to testify.

By Martin Flumenbaum and Brad S. Karp

13 minute read

April 24, 2014 | New York Law Journal

In their Second Circuit Review, Paul Weiss partners Martin Flumenbaum and Brad S. Karp analyze the court's recent consideration of the level of scrutiny to apply, on a motion to dismiss, to allegations of lack of knowledge of a claim otherwise discharged in bankruptcy—specifically, whether delivery service and United Airlines customer DHL had adequately shown that it was unaware of United's alleged price-fixing activities until after United's bankruptcy plan was confirmed.

By Martin Flumenbaum and Brad S. Karp

12 minute read

March 24, 2014 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison discuss 'Swatch Group Management Services Ltd. v. Bloomberg L.P.,' in which the U.S. Court of Appeals for the Second Circuit examined the scope of copyright protection accorded a sound recording of a public company's conference call with investment analysts.

By Martin Flumenbaum and Brad S. Karp

12 minute read

February 26, 2014 | New York Law Journal

In their Second Circuit Review, Paul Weiss members Martin Flumenbaum and Brad S. Karp discuss 'Poventud v. City of New York,' in which the court, sitting en banc, considered whether a plaintiff whose initial conviction was tainted by disclosure violations under 'Brady v. Maryland' could pursue a 42 U.S.C. §1983 claim despite having pleaded guilty to lesser offenses in a second trial.

By Martin Flumenbaum and Brad S. Karp

11 minute read

January 29, 2014 | New York Law Journal

In their Second Circuit Review, Paul Weiss' Martin Flumenbaum and Brad S. Karp discuss 'United States v. Grimm,' in which the court considered whether routine payments by unindicted co-conspirators pursuant to guaranteed investment contracts constituted overt acts in furtherance of a conspiracy for purposes of the statutes of limitations.

By Martin Flumenbaum and Brad S. Karp

12 minute read