Martin Flumenbaum

October 25, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent decision holding that federal law does not preempt a Michigan statute that allows product liability claims to proceed against drug manufacturers concerning drugs whose Food and Drug Administration approval is fraudulently procured.

By Martin Flumenbaum and Brad S. Karp

11 minute read

January 28, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Life Settlements Corp. v. Syndicate 102 at Lloyd's London, where the court made clear that arbitrators cannot compel third-party prehearing production of documents pursuant to �7 of the Federal Arbitration Act. In so doing, it further deepened a split among the circuits on this issue.

By Martin Flumenbaum and Brad S. Karp

10 minute read

April 27, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, we report on a decision issued last month by the U.S. Court of Appeals for the Second Circuit which affirmed a grant of summary judgment dismissing plaintiff's claims for software copyright infringement. The court held that the defendant owned the software copy at issue and had broad rights under the Copyright Act to modify the software to fit its needs.

By Martin Flumenbaum and Brad S. Karp

10 minute read

May 26, 2010 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a recent case in which the court held there was no basis for individual liability in employment-related retaliation claims under the Americans with Disabilities Act, but remanded for a determination as to whether obesity is a disability under the New York City Human Rights Law.

By Martin Flumenbaum and Brad S. Karp

11 minute read

January 27, 2010 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Kiobel v. Royal Dutch Petroleum Co., in which the Second Circuit earlier this month reversed a district court's affirmance of a magistrate judge's Rule 11 order sanctioning attorneys for making allegedly baseless statements in a court filing. In a brief decision, the panel ruled that an attorney has not made a baseless statement if any reasonable inference can be drawn from record evidence to support the statement, and that an unintentional overstatement, lacking in material impact, cannot constitute a breach of Rule 11.

By Martin Flumenbaum and Brad S. Karp

13 minute read

January 28, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the recent decision in Clark v. Perez, where the court reversed a district court judgment granting a habeas petition and ordering a new trial for prisoner Judith Clark because her decision to proceed pro se, and her antagonism towards the legal system, rendered "justifiable" her failure to raise her Sixth Amendment claims on direct appeal.

By Martin Flumenbaum and Brad S. Karp

14 minute read

March 23, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision by the U.S. Court of Appeals for the Second Circuit in which the court affirmed a grant of summary judgment, dismissing a plaintiff's claims for employment discrimination based on sex stereotyping.

By Martin Flumenbaum And Brad S. Karp

11 minute read

April 22, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a recent decision in which the Second Circuit ruled that, in considering a motion for preliminary injunctive relief against the misappropriation of a trade secret, a finding of misappropriation does not generally give rise to an automatic presumption of irreparable harm. Instead, the panel held that a presumption of irreparable harm may arise, if there is evidence that defendant's continued wrongful use of the proprietary information poses a substantial risk of disclosure or other impairment of the information's value.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 24, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision by the U.S. Court of Appeals for the Second Circuit in which the court ruled that a nonviolent defendant may be involuntarily medicated to render him competent.

By Martin Flumenbaum and Brad S. Karp

11 minute read

February 28, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a recent ruling which, although it has not received much attention, should substantially benefit defendants (especially in the Second Circuit) facing securities fraud claims.

By Martin Flumenbaum and Brad S. Karp

11 minute read