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Martin

Martin

April 13, 2022 | Daily Business Review

Yellen Warns China on Russia Tie, Hints at Economic Consequences

"The world's attitude towards China and its willingness to embrace further economic integration may well be affected by China's reaction to our call for resolute action on Russia," U.S. Treasury Secretary Janet Yellen said.

By Christopher Condon and Eric Martin

4 minute read

March 22, 2022 | New York Law Journal

Campus Sexual Misconduct Tribunals, Crimes of Moral Turpitude: Divergent Approaches to Certified Questions in the Second Circuit

Under Second Circuit rule, the court may certify an open question of state law to the state court of last resort. 'Khan v. Yale University' concerned the scope of Connecticut's quasi-judicial immunity doctrine. 'Ferreiras Veloz v. Garland' concerned the scope of New York's petit larceny offense. In each case, the panel faced state-law questions sufficiently uncertain to warrant use of the certification process. The panels' approaches to certification, however, diverged widely.

By Martin Flumenbaum and Brad S. Karp

9 minute read

March 22, 2022 | The Legal Intelligencer

Third Circ.: Claim Preclusion Is Limited in Federal Trademark Infringement Cases

In a recently issued precedential decision, the U.S. Court of Appeals for the Third Circuit, followed suit with the Second and Ninth circuit courts of appeal and held that Trademark Trial and Appeal Board (TTAB) decisions issued in cancellation proceedings of registered marks do not have claim preclusive effects against subsequent trademark infringement lawsuits brought in federal district court.

By Odette Martins

5 minute read

March 16, 2022 | Daily Business Review

US Firms Warn Saudis New Data Law Could Hit Investment

Saudi Arabia issued a draft of its personal data protection law, which in its current form prevents the transfer of personal data outside the kingdom without any individual exemptions.

By Nicolas Parasie, Matthew Martin and Ben Bartenstein

3 minute read

March 10, 2022 | Daily Business Review

Financial Firms Brace for More Cyber Threats After Trying 2021

The Financial Services Information Sharing and Analysis Center, known as FS-ISAC, said in its annual report on cyber threats that global tensions could fuel further attacks by state-backed hackers and patriotic hacktivists.

By Andrew Martin

5 minute read

February 28, 2022 | New York Law Journal

How Courts Determine the Constitutionality of Police Use of Deadly Force

In determining "objective reasonableness" in police use of deadly force cases, Martin Schwartz looks at the Tenth Circuit's recent decision in' Estate of Taylor v. Salt Lake City,' which carefully analyzes the critical issues involved.

By Martin A. Schwartz

11 minute read

February 23, 2022 | Corporate Counsel

It's Time for Legal Departments To Look Beyond the Pandemic

The last two years in corporate Legal have been defined by pandemic firefighting. But many distinct issues requiring legal oversight have emerged during that period. Legal leaders must build governance, so the emerging legal and compliance risks don't impede corporate renewal and growth.

By Abbott Martin

6 minute read

February 22, 2022 | New York Law Journal

Expanding the Collateral Order Doctrine; Narrowing Fugitive Disentitlement

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Bescond', a case that concerns the ability of foreign defendants to seek relief from U.S. indictments.

By Martin Flumenbaum and Brad S. Karp

8 minute read

February 09, 2022 | Daily Business Review

Business Lobby Urges Biden to Negotiate Digital Trade Agreement

The U.S. Chamber of Commerce identifies a group of countries that it dubs the "Digital Dozen" that would be good partners.

By Eric Martin

2 minute read

January 25, 2022 | New York Law Journal

Significance of Proximate Causation in 'Efficient Enforcement' Analysis

In their Second Circuit Review column, Martin Flumenbaum and Brad Karp discuss two recent appeals concerning standing of plaintiffs to seek recovery under the Clayton Act for antitrust violations: 'In re Am. Express Anti-Steering Rules Antitrust Litig.' and 'Schwab Short-Term Bond Market Fund v. Lloyds Banking Group.' They write: "These two decisions illustrate the hurdles plaintiffs face in establishing that they are 'efficient enforcers', and in particular, how important it is that plaintiffs are able to prove that specific defendants proximately caused their harm."

By Martin Flumenbaum and Brad S. Karp

8 minute read