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Martin

Martin

July 19, 2024 | Daily Report Online

Ga. Man Arraigned on Charges of Threatening FBI Director, Authorities Say

The U.S. attorney in Atlanta announced the man was indicted by a grand jury on charges that he threatened in internet messages to "assault, kidnap and murder" FBI Director Christopher Wray.

By Jeff Martin | The Associated Press

2 minute read

July 01, 2024 | New York Law Journal

Police Force Against Passively Resisting Suspects                                        

The U.S. Court of Appeals for the Sixth Circuit recently issued an important decision on the use of taser force against a passively resisting suspect in 'Saalim v. Walmart'.

By Martin A. Schwartz

13 minute read

June 25, 2024 | New York Law Journal

Re-examining the Contours of Consent-Based Personal Jurisdiction

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss Fuld v. PLO, which "reexamines the contours of consent-based personal jurisdiction and deepens the debate over whether the Fifth and Fourteenth Amendments impose different due process limits."

By Martin Flumenbaum and Brad S. Karp

8 minute read

June 11, 2024 | Daily Business Review

Asset Allocation With Alternative Investment: The Significance of Pacing in Portfolio Construction

The rapidly increasing introduction of new sophisticated quantitative models, advanced technologies and new regulations surrounding private investments will create more questions and complexities to address in years to come. Recognizing these emerging challenges and opportunities, savvy investors may fundamentally adjust their alternative investments allocation procedures to a more rigorous and professional level.

By Javier Martin

9 minute read

May 30, 2024 | Corporate Counsel

Quality Development Programs Are Key to Legal Staff Retention

The legal job market remains competitive and one third of in-house legal staff are actively looking for new roles outside of their current organization. Fortunately, general counsel and Heads of Legal Operations have the means to retain lawyers without breaking the department budget.

By Abbott Martin

6 minute read

May 21, 2024 | New York Law Journal

The Relevance of Pretextual Motives in Takings Clause Challenges

In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.

By Martin Flumenbaum and Brad S. Karp

8 minute read

May 06, 2024 | New York Law Journal

The Social Media State Action Decision

Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.

By Martin A. Schwartz

10 minute read

April 26, 2024 | New York Law Journal

Standing in Establishment Clause Challenges

In 'Citizens United to Protect Our Neighborhoods, et al., v. Village of Chestnut Ridge', the Second Circuit considered whether the district court properly dismissed plaintiffs' complaint for lack of subject matter jurisdiction on the basis that plaintiffs lacked constitutional standing.

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 27, 2024 | New York Law Journal

Subject-Matter Jurisdiction

In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 21, 2024 | Daily Report Online

In First Execution in 4 Years, Georgia Puts Man to Death for 1993 Killing of Ex-Girlfriend

Pye's lawyers filed late appeals urging the U.S. Supreme Court to step in, but the justices unanimously rejected to stop the execution.

By Jeff Martin | The Associated Press

5 minute read