Martin Flumenbaum

April 30, 1999 | Law.com

Two significant securities law cases were recently decided by the Second Circuit. In Stevelman v. Alias Research Inc., the court reversed dismissal of a complaint, finding sufficient allegations of "motive and opportunity" to support a strong inference of fraudulent intent. In Crane Co. v. Coltec Industries Inc., the court held that a confidentiality agreement did not obligate parties to merger negotiations to notify each other of welcome advances by a third party.

By Martin Flumenbaum and Brad S. Karp

18 minute read

December 29, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Staehr v. The Hartford Financial Services Group Inc., where the defendants relied on lawsuits filed in state courts, news reports in mainstream media and industry publications, and portions of filings with the SEC to support its argument that plaintiffs were on inquiry notice of the contingent commission arrangements at issue more than two years prior to the filing of the complaint and that the statute of limitations had run.

By Martin Flumenbaum and Brad S. Karp

12 minute read

April 25, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, discuss the recent decision in ITC Limited v. Punchgini, Inc., which created a circuit split with the U.S. Court of Appeals for the Ninth Circuit regarding the applicability of the "famous marks" exception to the territorial scope of trademark protection under federal law.

By Martin Flumenbaum and Brad S. Karp

13 minute read

April 23, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a decision written by Judge John Walker Jr. and joined by Judges Ralph Winter and Rosemary Pooler, reversed the District Court's certification of a class action by smokers alleging they were deceived by the defendant tobacco companies' marketing of so-called light cigarettes as a healthier alternative to regular, or "full-flavored," cigarettes.

By Martin Flumenbaum and Brad S. Karp

12 minute read

May 25, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that campaign finance law is in a state of flux. Two weeks ago, the U.S. Court of Appeals for the Second Circuit issued the last of a series of opinions, over several vociferous dissents, explaining its decision not to hear in banc Landell v. Sorell.

By Martin Flumenbaum and Brad S. Karp

15 minute read

May 28, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review Vives v. City of New York, in which the Second Circuit concluded that, consistent with decisions from the Sixth, Seventh and Eleventh Circuits, a municipality will not be held liable for constitutional injuries for enforcing unconstitutional state laws unless the municipality makes both a meaningful and conscious choice to enforce the statute.

By Martin Flumenbaum and Brad S. Karp

9 minute read

November 25, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the recent decision in In re DDAVP Direct Purchaser Antitrust Litigation, where, in a case of first impression in any appellate court, the court held that direct purchasers have standing to bring a Walker Process claim - that is, an antitrust claim premised on defendant's enforcement of a patent obtained by fraudulent means - for patents that are already unenforceable due to inequitable conduct. The court, however, declined to decide whether purchaser plaintiffs per se have standing to raise Walker Process claims, leaving for another day the extent of this expansion of standing doctrine.

By Martin Flumenbaum and Brad S. Karp

11 minute read

October 23, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss In re Salomon Analyst Metromedia Litigation, in which the Second Circuit addressed whether the fraud-on-the-market presumption articulated by the Supreme Court in Basic Inc. v. Levinson should be limited to suits alleging misrepresentations by issuers of securities, and therefore not be available in suits against research analysts, and if the Basic presumption is indeed available in cases not involving issuers, whether plaintiffs should be required to demonstrate the alleged misrepresentation actually impacted price before the presumption is applied.

By Martin Flumenbaum and Brad S. Karp

13 minute read

June 25, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Estate of Pew v. Cardarelli, in which the Second Circuit ruled that a state-law securities class action that otherwise satisfies the relatively low jurisdictional threshold for federal removal under CAFA will not be remanded to state court solely because the lawsuit relates in some way to any securities.

By Martin Flumenbaum and Brad S. Karp

10 minute read

March 25, 2003 | New York Law Journal

By Martin Flumenbaum And Brad S. Karp

12 minute read