Martin Flumenbaum

November 26, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Trump v. Vance', in which the court held that presidential immunity does not bar a state grand jury from issuing a subpoena seeking non-privileged material to aid an investigation, even if the investigation may implicate the President. The decision represents a major, and potentially historic, step toward limiting a President's immunity from a state criminal process.

By Martin Flumenbaum and Brad S. Karp

9 minute read

October 22, 2019 | New York Law Journal

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Ng Lap Seng,' where the court clarifies the contours and scope of the bribery statutes.

By Martin Flumenbaum and Brad S. Karp

9 minute read

October 08, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 35th annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past term. They also briefly discuss the Second Circuit's decisions scheduled for review by the Supreme Court during the new term.

By Martin Flumenbaum and Brad S. Karp

11 minute read

August 20, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Knight First Amendment Institute v. Trump', which establishes important, new guidance for how government officials may interact with the public in the social media era and expands First Amendment liability for public officials.

By Martin Flumenbaum and Brad S. Karp

9 minute read

July 23, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss recent decisions which, taken together, illustrate a shift by the Second Circuit in connection with certain standards of federal employment law.

By Martin Flumenbaum and Brad S. Karp

9 minute read

June 25, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss 'Kidd v. Thomson Reuters,' where the court determined for the first time that an entity must specifically intend to furnish a “consumer report” to qualify as a consumer reporting agency under the Fair Credit Reporting Act.

By Martin Flumenbaum and Brad S. Karp

8 minute read

May 28, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's recent decision in 'Ragbir v. Homan', in which a split panel held that federal courts do have subject matter jurisdiction over claims that a high-profile, foreign-born immigration activist was singled out for removal from the United States on the basis of his disfavored speech against the authorities.

By Martin Flumenbaum and Brad S. Karp

10 minute read

April 23, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision in which the court ruled for the third time in two years that a district judge in the Western District of New York violated a criminal defendant's Sixth Amendment right to a speedy trial and reiterated that both courts and the government owe an “affirmative obligation” to criminal defendants and the public to bring matters to trial promptly.

By Martin Flumenbaum and Brad S. Karp

7 minute read

March 22, 2019 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Earlier this month, in 'S.E.C. v. Rajaratnam', the Second Circuit reviewed whether the penalty available in a civil insider trading action pursuant to Section 21A of the Securities Exchange Act of 1934 is limited to a defendant's personal profits. In a unanimous opinion, the court held that such a penalty is not so limited, and can be based on profits gained by other individuals or entities as a result of a defendant's insider trading violations. Against the backdrop of other recent developments, the Second Circuit's discussion of the contours of Section 21A's penalty provision represents an interesting extension of insider trading enforcement authority.

By Martin Flumenbaum and Brad S. Karp

9 minute read

February 26, 2019 | New York Law Journal

In this Second Circuit Review, Martin Flumenbaum and Brad S. Karp reflect upon changes in the Second Circuit since their first column was published in 1985. They focus on the changing composition of the court's membership, shifts in the court's caseload, revisions to the Local Rules, and decisions and developments in the case law.

By Martin Flumenbaum and Brad S. Karp

8 minute read