Martin

August 24, 2021 | New York Law Journal

In this month's Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a unanimous decision in which the Second Circuit held that parole officers' searches of parolees are governed by the "special needs" exception to the Fourth Amendment's default requirement that a law enforcement-related search be conducted pursuant to a showing of probable cause and a warrant.

By Martin Flumenbaum and Brad S. Karp

9 minute read

August 06, 2021 | New York Law Journal

The authors propose that arbitration institutions adopt an opt-out rule (rather than opt-in rule), which expressly confers arbitrators with the exclusive right to correct errors or mistakes in arbitral awards for a limited period not to exceed 30 days from issuance of the award.

By Martin Jackson and Manuel Valderrama

9 minute read

July 27, 2021 | Corporate Counsel

In an age where companies are increasingly held responsible for their environmental and social impact, General Counsel (GC) must play an integral role in shaping corporate purpose and ensuring effective oversight.

By Abbott Martin

7 minute read

July 27, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a decision that highlights the importance of considering how state-use of conditioned federal funds may affect potential litigation and how best to structure various relationships—including contracts, collaborative research agreements, and assignments—to account for Eleventh Amendment immunity considerations.

By Martin Flumenbaum and Brad S. Karp

9 minute read

July 02, 2021 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz discusses the recent Supreme Court ruling in 'Uzuegbunam v. Preczewski', where the court held that a claim for nominal damages can save a §1983 federal court case from dismissal for mootness, to illustrate the important role nominal damages play in §1983 constitutional litigation.

By Martin A. Schwartz

10 minute read

June 22, 2021 | New York Law Journal

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp break from their tradition of covering recent decisions to discuss the indelible impact Chief Judge Katzmann left on the court and the broader community.

By Martin Flumenbaum and Brad S. Karp

8 minute read

May 25, 2021 | New York Law Journal

On March 31, in 'United States v. Felder', the U.S. Court of Appeals for the Second Circuit resolved three matters of first impression regarding the mens rea and causation requirements of the federal carjacking statute and joined six other circuits in identifying federal carjacking as a predicate crime of violence. In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the case and the court's ruling.

By Martin Flumenbaum and Brad S. Karp

7 minute read

May 12, 2021 | Corporate Counsel

Board operations were disrupted in 2020. Meetings became virtual, employee safety was paramount, and discussion revolved around corporate response and recovery. Board operations changed.

By Abbott Martin and Rosie Griffin

8 minute read

May 03, 2021 | New York Law Journal

A police arrest or stop is clearly a "seizure" within the meaning of the Fourth Amendment. In his Section 1983 Litigation column, Martin Schwartz raises the question of what if the officer's use of force did not occur in the course of an arrest or stop? In these cases, a court has to decide the threshold question of whether the officer's use of force constituted a "seizure."

By Martin A. Schwartz

14 minute read

April 27, 2021 | New York Law Journal

Following sharp criticism by the Seventh Circuit for its broad application of the fair use defense, the Second Circuit's decision in 'Andy Warhol Foundation v. Goldsmith' turns the tide of fair use jurisprudence back toward a more even balance between creators of original works.

By Martin Flumenbaum and Brad S. Karp

7 minute read