Martin Flumenbaum

September 21, 2020 | New York Law Journal

In their Second Circuit Review column. Martin Flumenbaum and Brad S. Karp review of the performance of the U.S. Court of Appeals for the Second Circuit during the past term.

By Martin Flumenbaum and Brad S. Karp

12 minute read

August 25, 2020 | New York Law Journal

This decision comes at a pivotal moment, as demands to transform policing have spread across the nation and the role of police and the consequences of law enforcement overstepping legal boundaries are under increased scrutiny, write Second Circuit Review columnists Martin Flumenbaum and Brad S. Karp.

By Martin Flumenbaum and Brad S. Karp

8 minute read

July 21, 2020 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the U.S. Supreme Court's ruling in Zarda v. Altitude Express.

By Martin Flumenbaum and Brad S. Karp

11 minute read

June 23, 2020 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss how the Second Circuit reaffirmed the manifest importance of First Amendment speech and associational rights, even in the face of a global pandemic.

By Martin Flumenbaum and Brad S. Karp

9 minute read

May 26, 2020 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's first published opinion examining the scope of relief offered to certain persons convicted of crack cocaine offenses under the First Step Act. The Second Circuit held that the First Step Act is a statutory source of sentencing relief independent from the U.S. Sentencing Guidelines or any other policy statement that may otherwise preclude a reduction in sentence.

By Martin Flumenbaum and Brad S. Karp

8 minute read

April 21, 2020 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss how the pandemic has affected the court, including oral arguments and number of appeals filed, and what to watch for as the crisis develops.

By Martin Flumenbaum and Brad S. Karp

6 minute read

March 23, 2020 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision in which the court clarified the standard for determining whether an employee utilizes "advanced knowledge" necessary to qualify for the "learned professional" exemption to the Fair Labor Standards Act's (FLSA) overtime-compensation mandate.

By Martin Flumenbaum and Brad S. Karp

8 minute read

February 25, 2020 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad Karp discuss 'United States v. Silver,' a decision they write "limits significantly the Second Circuit's longstanding bribery precedent, raising the bar for what the government must prove to establish the existence of a quid pro quo in public corruption cases."

By Martin Flumenbaum and Brad S. Karp

9 minute read

January 28, 2020 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's recent decision in 'United States v. Blaszczak', which significantly expanded insider trading enforcement authority.

By Martin Flumenbaum and Brad S. Karp

10 minute read

December 24, 2019 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'U.S.v. Calderon,' where the Second Circuit limited the availability of "windfall" restitution awards and narrowed its interpretation of the "proximate cause" requirement for financial fraud victims under the Mandatory Victims Restitution Act of 1996.

By Martin Flumenbaum and Brad S. Karp

10 minute read