Martin Flumenbaum

July 23, 2002 | New York Law Journal

C USTOMERS WHO have received poor local telephone service as a result of a monopolist`s failure to properly share local networks with less-expensive providers should be permitted to pursue antitrust claims in federal court, the Second Circuit held in a surprise decision last month.

By Martin Flumenbaum And Brad Karp

13 minute read

August 27, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent ruling in which the U.S. Court of Appeals for the Second Circuit addressed for the first time the issue of waiver or forfeiture in the context of the psychotherapist-patient privilege.

By Martin Flumenbaum and Brad S. Karp

13 minute read

July 27, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on the recent decision in Wachovia Bank, a case watched very closely by the banking community and state regulators, addressing whether the National Bank Act � and regulations promulgated thereunder � preempt state banking laws.

By Martin Flumenbaum and Brad S. Karp

13 minute read

September 22, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, conduct a review of the U.S. Court of Appeals for the Second Circuit's performance in the Supreme Court during its past term, and also briefly summarize those Second Circuit decisions that the Court has scheduled for review during its 2004 Term.

By Martin Flumenbaum and Brad S. Karp

13 minute read

December 29, 2010 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss the court's finding that a Vermont law banning the use of prescriber data for marketing purposes placed an impermissible restriction on commercial speech under the First Amendment, a decision at odds with two recent holdings from the First Circuit.

By Martin Flumenbaum and Brad S. Karp

12 minute read

December 28, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a landmark decision issued earlier this month by the U.S. Court of Appeals for the Second Circuit that clarifies - and substantially toughens - the standards for adjudicating a motion for class certification under Rule 23 of the Federal Rules of Civil Procedure.

By Martin Flumenbaum and Brad S. Karp

13 minute read

October 26, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a surprising decision by the U.S. Court of Appeals for the Second Circuit rejecting a claim by investment banks that the securities laws have impliedly repealed federal antitrust law and preempted state antitrust law with respect to conduct related to initial public offerings--a decision which sets an extraordinarily high standard for implied immunity.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 28, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison partners Martin Flumenbaum and Brad S. Karp, discuss several of the Second Circuit decisions that were reviewed in the 2010 term and the one that is scheduled for review in the coming term and show the performance of all the circuits this past term.

By Martin Flumenbaum and Brad S. Karp

19 minute read

February 23, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on a decision issued earlier this month in which the U.S. Court of Appeals for the Second Circuit became the first federal appeals court to address the impact on federal sentencing of the Supreme Court's consolidated opinion in United States v. Booker and United States v. Fanfan ("Booker").

By Martin Flumenbaum And Brad S. Karp

13 minute read

December 28, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a noteworthy decision by the U.S. Court of Appeals for the Second Circuit, holding that a district court does not have jurisdiction to certify a class action of copyright infringement claims arising from unregistered copyrights, and therefore cannot approve a settlement with respect to those claims.

By Martin Flumenbaum and Brad S. Karp

12 minute read