Martin Flumenbaum

March 27, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Halleck v. Manhattan Community Access Corporation', in which the court held that several public access television channels in Manhattan qualify as public forums under the First Amendment—even though they are owned by a private corporation. The majority's decision was accompanied by a lengthy dissenting opinion, and is at odds with decisions in the D.C. Circuit and the Southern and Eastern Districts of New York.

By Martin Flumenbaum and Brad S. Karp

8 minute read

February 27, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'City of Providence, Rhode Island v. BATS Global Markets', in which the court made clear that the absolute immunity stock exchanges enjoy does not extend to activities such as selling products like proprietary data feeds and co-location services to their members.

By Martin Flumenbaum and Brad S. Karp

7 minute read

January 23, 2018 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: When the Trump administration issued an order in September 2017 setting March 2018 as the end of Deferred Action for Childhood Arrivals, a flurry of litigation followed that reached the Second Circuit once and is headed there again.

By Martin Flumenbaum and Brad S. Karp

7 minute read

November 28, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent circuit ruling which emphasizes its preference for remanding and certifying state law claims to state courts.

By Martin Flumenbaum and Brad S. Karp

7 minute read

October 24, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: 'McDonnell' has had a profound impact on public corruption cases throughout the country, particularly in the Second Circuit, where several high profile convictions have been vacated for failing to comply with 'McDonnell's new requirements on how juries must be charged on various elements of public corruption crimes.

By Martin Flumenbaum and Brad S. Karp

20 minute read

September 26, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Five of the U.S. Supreme Court's 71 merits decisions (resulting in 69 written opinions) last term arose out of the Second Circuit. One was affirmed and four were reversed or vacated, resulting in an 80 percent reversal rate.

By Martin Flumenbaum and Brad S. Karp

10 minute read

August 29, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze a recent case where the court wrestled with the modern world's reliance on foreign governments to help investigate and develop cases but declined to allow the government's investigatory needs to outweigh defendants' constitutional rights.

By Martin Flumenbaum and Brad S. Karp

8 minute read

July 25, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Although it is "first and foremost of standing's three elements," in the words of the Supreme Court, injury in fact is not always analyzed consistently: Two opinions handed down in May and June by the circuit appear to apply different principles in interpreting injury in fact. Perhaps as a result of their different analyses, the opinions ordered different appellate dispositions.

By Martin Flumenbaum and Brad S. Karp

15 minute read

July 01, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the circuit's recent decision in 'United States v. Bodouva', which addressed whether restitution offsets could be used to lower, or even eliminate, criminal forfeiture orders.

By Martin Flumenbaum and Brad S. Karp

6 minute read

May 30, 2017 | New York Law Journal

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's attempt to clarify what types of conduct strip an employee of protection under the National Labor Relations Act as employee speech spreads beyond the physical workplace to social media.

By Martin Flumenbaum and Brad S. Karp

15 minute read