Martin Flumenbaum

July 23, 2008 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul Weiss Rifkind Wharton & Garrison, discuss a recent decision in which the U.S. Court of Appeals for the Second Circuit clarified the requirements for pleading "corporate scienter" in connection with claims for securities fraud under the Public Securities Litigation Reform Act.

By Martin Flumenbaum and Brad S. Karp

10 minute read

July 28, 2004 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, report on Briarpatch Limited, L.P. v. Phoenix Pictures, Inc., which affirmed the district court's order denying plaintiffs' motion to remand the action to state court. In lieu of relying upon diversity jurisdiction, which had formed the basis of the district court's holding, the court grounded its decision on federal copyright jurisdiction.

By Martin Flumenbaum and Brad S. Karp

12 minute read

January 25, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, opine that although a petition to the Supreme Court is possible, it is unlikely, given the thoroughness of this decision and the fact that both Ms. Stewart and her co-defendant have served their sentences of incarceration.

By Martin Flumenbaum and Brad S. Karp

14 minute read

May 21, 2002 | New York Law Journal

I n this month`s column, we report on a recent decision by the United States Court of Appeals for the Second Circuit in which the Court considered a matter of first impression in this Circuit: the circumstances under which a non-dangerous criminal defendant may be involuntarily medicated for the purpose of rendering him competent to stand trial.

By Martin Flumenbaum And Brad S. Karp

13 minute read

May 25, 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 where the majority upheld a conviction despite the trial court's failure to include the subjective defense of actual belief, part of the conscious avoidance standard jury charge. The erosion of this defense to the conscious avoidance doctrine creates a definite risk in the corporate context, where knowledge could be implied up the corporate ladder.

By Martin Flumenbaum and Brad S. Karp

12 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, 2005 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, write that the Clinton administration paved the way for the establishment of several funds to compensate victims of German and Austrian misconduct committed during World War II. The U.S. Court of Appeals for the Second Circuit recently removed a substantial impediment to the implementation of one such fund aimed at compensating those whose property was confiscated.

By Martin Flumenbaum and Brad S. Karp

15 minute read

December 08, 2010 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze the recent decision in which the Circuit addressed the circumstances in which a party to a civil litigation can be compelled to disclose wiretapped conversations provided to that party by the government as part of a parallel criminal proceeding.

By Martin Flumenbaum and Brad S. Karp

16 minute read

February 24, 2011 | New York Law Journal

In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp discuss the "protective sweep" doctrine, which allows a search in conjunction with an in-home arrest when there may be a danger to those at the scene, and the court's recent holding that the doctrine does not allow protective sweeps of living quarters after officers gain entry by consent.

By Martin Flumenbaum and Brad S. Karp

14 minute read

May 24, 2006 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, report on a recent decision holding that in an arbitration before the NASD, the arbitrators, rather than the courts, should determine whether an employee's whistleblower claim under the Sarbanes-Oxley Act was properly before them.

By Martin Flumenbaum and Brad S. Karp

10 minute read