Martin Flumenbaum

December 26, 2013 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison, discuss 'Lynch v. City of New York,' in which the U.S. Court of Appeals for the Second Circuit considered a Fourth Amendment challenge to the New York City Police Department's policy to administer breathalyzer examinations to any police officer who discharges a firearm resulting in death or personal injury.

By Martin Flumenbaum and Brad S. Karp

12 minute read

November 29, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison, discuss the case 'Licci v. Lebanese Canadian Bank,' in which the court considered whether a district court's exercise of personal jurisdiction over a foreign bank based on its correspondent banking accounts in New York is consistent with the due process protections of the U.S. Constitution.

By Martin Flumenbaum and Brad S. Karp

10 minute read

February 27, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, discuss 'Gibbons v. Malone,' in which the U.S. Court of Appeals for the Second Circuit considered a novel application of the "short-swing profit rule" of Section 16(b) of the Securities Exchange Act of 1934 (Exchange Act).

By Martin Flumenbaum and Brad S. Karp

26 minute read

December 05, 2012 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp review a decision in which the court concluded that Argentina breached a promise to repay certain bondholders in the wake of the nation's default, and upheld a wide-ranging injunction designed to help cure the breach.

By Martin Flumenbaum and Brad S. Karp

12 minute read

April 25, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, anaylyze a Circuit decision not to terminate supervised release upon deportation, a move which allows for longer sentences of defendant-aliens who reenter the United States and commit criminal offenses here post-deportation.

By Martin Flumenbaum and Brad S. Karp

10 minute read

June 27, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the Second Circuit's decision in 'Analytical Securities' provides some helpful clarifications regarding the debt and borderline transaction exceptions to �16(b)'s prohibition of short-swing insider trading. But more importantly, they say, this decision resolves disagreement within the district courts about the proper treatment of hybrid securities under the Exchange Act.

By Martin Flumenbaum and Brad S. Karp

14 minute read

January 23, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that developers will no doubt rest easier knowing that executed contracts on units in buildings with more than 100 units will not remain revocable for two years simply because no deed has been recorded.

By Martin Flumenbaum and Brad S. Karp

10 minute read

February 27, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, analyze a decision where a panel concluded that the circumstances at issue - two members of the arbitral panel failed to disclose that they served together on a panel in another, similar case - were insufficient to support a finding of "evident partiality."

By Martin Flumenbaum and Brad S. Karp

11 minute read

December 28, 2011 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison discuss a recent decision in which the panel agreed with the district court that Merrill Lynch's public disclosures that it routinely engaged in support bidding at its discretion and that without that support bidding an auction might fail were sufficient to defeat allegations of manipulating the ARS market.

By Martin Flumenbaum and Brad S. Karp

12 minute read

July 25, 2012 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp discuss 'United States v. Esso,' where the court, in a matter of first impression in any appellate court, held that permitting a jury to bring home a copy of an indictment for review, when accompanied by appropriate limiting instructions, does not violate a defendant's right to a fair trial.

By Martin Flumenbaum and Brad S. Karp

9 minute read