Martin

January 31, 2023 | The Recorder

Advocates argue that reinstating the tort of seduction will open new avenues for victims of sexual exploitation to sue their perpetrators in California, according to Brian Kabateck and Annie Martin-McDonough of Kabateck.

By Brian Kabateck and Annie Martin-McDonough

8 minute read

January 24, 2023 | New York Law Journal

Taken together, the Supreme Court's decision in 'Kelly' and the Second Circuit's decision in 'Blaszcazk II' make it clear that the government is constrained when prosecuting insider trading cases where individuals have misappropriated government information that, although confidential, has no direct economic value to the government.

By Martin Flumenbaum and Brad S. Karp

7 minute read

December 30, 2022 | New York Law Journal

In 'McKinney v. City of Middleton', the U.S. Court of Appeals for the Second Circuit held, 2-1, that qualified immunity protected police officers who directed a police canine to "bite and hold" the arrestee for over two minutes. The court found that under the circumstances the police canine force did not violate clearly established Fourth Amendment law.

By Martin A. Schwartz

10 minute read

December 27, 2022 | New York Law Journal

Circuit Judges Michael H. Park, Rosemary S. Pooler, and Eunice Lee unanimously concluded that the claims asserted by a plaintiff who traded on a U.S.-based exchange were nevertheless impermissibly extraterritorial because they were based on "predominantly foreign conduct," i.e., the bank defendants' allegedly fraudulent submissions to the foreign organizations that set the relevant benchmark rates.

By Martin Flumenbaum and Brad S. Karp

8 minute read

December 13, 2022 | Law.com

Like a good diet and regular exercise for the body, data minimization and routine, defensible purging of outmoded documents are essential to maintaining healthy organizational information hygiene.

By Martin Tully and Nick Snavely

15 minute read

December 12, 2022 | New Jersey Law Journal

Whether out of innovation, necessity, a combination of both, New Jersey Superior Court has been at the center of complex litigation, particularly products liability litigation, and remains a driving force in the resolution of tens of thousands of cases nationwide.

By Martin P. Schrama and Stefanie Colella-Walsh

8 minute read

December 02, 2022 | New York Law Journal

Trump, the Oath Keepers, the Proud Boys, West, Fuentas, and other would-be authoritarians have their own version of democracy that does not include allowing its use to oust them once they gain power, a retired Paul Weiss partner writes.

By Martin London

7 minute read

November 22, 2022 | New York Law Journal

The Second Circuit articulated a new categorical application of the "purchaser-seller" rule, furthering a 70-year-long trend toward a narrower class of Rule 10b-5 plaintiffs.

By Martin Flumenbaum and Brad S. Karp

7 minute read

October 31, 2022 | New York Law Journal

In 'Vega v. Tekoh', 142 S.Ct. 2095 (2022), the Supreme Court held that a §1983 claim for damages does not lie against a law enforcement officer who obtained a statement from a suspect in violation of 'Miranda', even if the statement was introduced against him in the criminal trial.

By Martin A. Schwartz

8 minute read

October 25, 2022 | New York Law Journal

The Second Circuit's 'Cantero' decision clarifies the preemptive scope of the National Bank Act: If a state law purports to control an enumerated or incidental power of a national bank, then it is preempted by the NBA regardless of its impact on a bank's revenues or management.

By Martin Flumenbaum and Brad S. Karp

8 minute read