Martin Flumenbaum

October 26, 2011 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp of Paul, Weiss, Rifkind, Wharton & Garrison discuss the convoluted procedural history of Fiero v. Financial Industry Regulatory Authority Inc. and the Circuit's conclusion that appears to limit FINRA to its more "draconian" forms of punishment.

By Martin Flumenbaum and Brad S. Karp

14 minute read

March 27, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss a case in which the court has made clear that the record must clearly support a finding of wrongdoing by the party itself (rather than just the actions of counsel) or, at minimum, illustrate the district court's consideration (and rejection) of other available alternatives.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 05, 2012 | New York Law Journal

In their Second Circuit review, Martin Flumenbaum and Brad Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Christian Louboutin v. Yves Saint Laurent, where even though the panel found that Louboutin's mark had acquired secondary meaning as a brand identifier, this secondary meaning was limited only to designs in which the outsole of the shoe contrasted in color with the rest of the shoe.

By Martin Flumenbaum and Brad Karp

9 minute read

July 29, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison analyze 'Liberty Synergistics v. Microflo,' which offers both a careful consideration of the propriety of appellate intervention prior to entry of a final judgment below and a clear explanation of how district courts should approach complex choice-of-law determinations in diversity actions.

By Martin Flumenbaum and Brad S. Karp

12 minute read

October 22, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp analyze 'United States v. Vilar,' in which the court, addressing an issue left unsettled following the Supreme Court's 2010 decision in 'Morrison v. National Australia Bank,' considered whether criminal liability under Section 10(b) of the Securities Exchange Act of 1934 applies to the purchase and sale of securities outside of the United States.

By Martin Flumenbaum and Brad S. Karp

11 minute read

June 28, 2013 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, analyze a decsion that is significant both for strictly construing the law on limitations periods in the traditional product liability realm and for opening the door to a new type of claim in New York courts.

By Martin Flumenbaum and Brad S. Karp

13 minute read

September 28, 2012 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the Supreme Court's decisions during the past term in cases that were on review from the Second Circuit, the cases for the coming term that have been slated for review, and the performance of all the circuit courts last term.

By Martin Flumenbaum and Brad S. Karp

14 minute read

September 25, 2013 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp write that the Supreme Court in the past term affirmed the Second Circuit in four cases, and reversed or vacated it in six cases, and discuss several of those cases, along with cases which the high court is scheduled to hear in the coming term.

By Martin Flumenbaum and Brad S. Karp

19 minute read

July 26, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a Second Circuit decision which clarified a long-unsettled but increasingly important issue: whether an out-of-state third party in an arbitration is required to respond to a subpoena issued by the arbitration panel. The court also addressed whether a district court order compelling compliance with an arbitration panel subpoena is a final decision immediately appealable to the appellate court.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 29, 2010 | New York Law Journal

Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp write, in their 26th annual review of the performance of the Second Circuit over the past term, that although the Second Circuit's reversal rate was high at 85.7 percent, its performance was roughly in line with that of the other courts of appeals, and with its own performance the prior year.

By Martin Flumenbaum and Brad S. Karp

16 minute read