Martin Flumenbaum

January 09, 2002 | New York Law Journal

I n this month`s column, we discuss two decisions issued earlier this month by the United States Court of Appeals for the Second Circuit, both addressing the doctrine of forum non conveniens. In the first, the Second Circuit, en banc, determined the degree of deference appropriately accorded a plaintiff`s choice of a United States forum where that forum differs from the one in which the plaintiff resides. In the second decision, the Court clarified what constitutes an "adequate alternative forum" in the for

By Martin Flumenbaum And Brad S. KarpForum Non Conveniens

17 minute read

March 26, 2002 | New York Law Journal

T he United States Court of Appeals for the Second Circuit recently issued a significant decision that explored the circumstances under which an attorney can be compelled to testify before a grand jury regarding statements made by the attorney`s former client to government officials in the presence of the attorney.

By Martin Flumenbaum And Brad S. KarpCompelling An Attorney`s Testimony In A Grand Jury Proceeding

10 minute read

February 25, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review a dismissal of a securities class action against JPMorgan Chase where the court held that plaintiffs did not plead facts sufficient to prove scienter because they failed to link the Enron-related transactions at issue with an intent to defraud JPMorgan Chase's shareholders. Furthermore, the court ruled that any misrepresentations by JPMorgan Chase were immaterial because the transactions comprised only a minute part of its total assets, and would not have significantly altered the "total mix" of information available to investors.

By Martin Flumenbaum and Brad S. Karp

12 minute read

September 26, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the Supreme Court's 2006 term was, in the words of one observer, what "conservatives had long yearned for," and what "liberals feared." Several of the Court's opinions reversed U.S. Court of Appeals for the Second Circuit rulings, and reflect the Court's much-discussed shift in favor of business interests.

By Martin Flumenbaum and Brad S. Karp

13 minute read

March 24, 2010 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind Wharton & Garrison, review In re Omnicom Group, Inc. Securities Litigation, in which the Second Circuit continued to develop its standards for establishing loss causation in cases brought under §10(b) of the Securities Exchange Act.

By Martin Flumenbaum and Brad S. Karp

9 minute read

July 25, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, litigation partners at Paul, Weiss, Rifkind, Wharton & Garrison, review the Second Circuit's recent decision in Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanayi AS, which establishes a new standard for determining arbitrator bias and provides guidance on an arbitrator's expanded obligations when faced with a potential conflict of interest.

By Martin Flumenbaum and Brad S. Karp

10 minute read

February 24, 2010 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the U.S. Court of Appeals for the Second Circuit affirmed a district court decision holding that the National Security Agency may respond to a Freedom of Information Act request with a Glomar response ? that is, a response that neither confirms nor denies the existence of the requested records?where a response to the FOIA inquiry would cause harm cognizable under an FOIA exception.

By Martin Flumenbaum and Brad S. Karp

11 minute read

November 29, 2007 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the Second Circuit recently determined that the land use provisions of the controversial RLUIPA are constitutional. The decision left open, however, the question of precisely where the line should be drawn as to the nature of the land use that will fulfill the definition of religious exercise and implicate RLUIPA.

By Martin Flumenbaum and Brad S. Karp

13 minute read

April 23, 2002 | New York Law Journal

I n this month`s column, we discuss a significant decision handed down earlier this month by the United States Court of Appeals for the Second Circuit addressing whether the Williams Act provides an issuer with a private right of action for money damages. In Hallwood Realty Partners, L.P. v. Gotham Partners, L.P ., 1 the Second Circuit, in an opinion written by Judge Guido Calabresi and joined by Judge Jose A. Cabranes and Judge Loretta A. Preska (United States District Court for the Southern District of Ne

By Martin Flumenbaum And Brad S. Karp

12 minute read

August 31, 2009 | New York Law Journal

Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze the recent decision in which the Second Circuit expanded the range of cases that the SEC can bring against defendants in an attempt to curb insider trading. Specifically, the court held that trades in put options of a company's stock based on inside information obtained in the absence of a fiduciary relationship with the company may constitute fraud in violation of the federal securities laws.

By Martin Flumenbaum and Brad S. Karp

11 minute read