Martin Flumenbaum

August 27, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review a decision in which the court held that 'American Pipe' tolling does not apply to the three-year statute of repose in Section 13 of the Securities Act of 1933, regardless of whether 'American Pipe's' tolling rule is characterized as "equitable" or "legal" in nature.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 30, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a recent case in which the court affirmed in part and reversed in part an order enjoining a FINRA arbitration on the grounds that the claims were released by a prior class action settlement, and considered whether a court has the authority under the FAA to enjoin an arbitration, a previously unsettled issue in the Second Circuit.

By Martin Flumenbaum and Brad S. Karp

11 minute read

January 25, 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 although 'Citizens United' unleashed a storm of criticism regarding the viability of campaign finance laws, the Second Circuit recently made plain that such laws, to the extent they regulate contributions as opposed to expenditures, may still survive constitutional challenges>

By Martin Flumenbaum And Brad S. Karp

11 minute read

September 20, 1999 | Law.com

This paper discusses a significant recent decision by the Second Circuit. North Atlantic Instruments, Inc. v. Haberaddresses whether a former executive was properly restricted from soliciting plaintiff's customers through the individual client contacts he had developed while in, and prior to, plaintiff's employ. The court ruled that a list of such client contacts constitutes a protectable trade secret under New York law.

By Martin Flumenbaum and Brad S. Karp

15 minute read

August 22, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, discuss "Dandamudi v. Tisch,' in which the court, applying strict scrutiny, held that a New York statute barring persons who were neither U.S. citizens nor legal permanent residents from obtaining a pharmacist's license is unconstitutional and violates the Equal Protection Clause.

By Martin Flumenbaum and Brad S. Karp

10 minute read

December 26, 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 sufficiency challenges are exceptionally difficult to win, are highly fact-specific, and require a careful examination of the record.

By Martin Flumenbaum and Brad S. Karp

14 minute read

April 24, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp analyze a recent decision that clarified what is required to establish injury-in-fact in the context of consumer food and drug suits when the effects of exposure to a particular drug are still undetermined, and that declined to limit standing to plaintiffs who could not avoid potential injury.

By Martin Flumenbaum and Brad S. Karp

13 minute read

March 28, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a ruling in which the U.S. Court of Appeals for the Second Circuit earlier this month addressed what constitutes a "domestic transaction" in securities not listed on a U.S. exchange permitting the extraterritorial application of Section 10(b) of the Securities Exchange Act and Rule 10(b)?5 promulgated thereunder.

By Martin Flumenbaum And Brad S. Karp

15 minute read

May 23, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, discuss 'United States v. Zangari,' where the court reviewed the Mandatory Victims Restitution Act and decisions from seven of its sister circuits and concluded that restitution be calculated with reference to the victim's actual loss.

By Martin Flumenbaum and Brad S. Karp

9 minute read

October 28, 2004 | Law.com

A recent decision by the 2nd Circuit clarifies what evidence is sufficient to support a hostile work environment claim under Title VII. The opinion held that such a claim could be brought even if men and women were equally subjected to the same offensive conduct. The court explained that it was required to consider the social context in which harassing behavior occurs and to determine whether the offensive conduct at issue was more demeaning to women than to men.

By Martin Flumenbaum and Brad S. Karp

14 minute read