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Martin

Martin

April 26, 2021 | New York Law Journal

Circuit Court Holds 'Miranda' Violations Actionable Under §1983

In this edition of his Section 1983 Litigation column, Martin A. Schwartz discusses 'Tekoh v. County of Los Angeles', in which the Ninth Circuit recently held that where a suspect's statements obtained by a police officer in violation of 'Miranda' were introduced at a state criminal trial in the state's case-in-chief, the suspect may assert a §1983 claim for damages against the officer who obtained the statement.

By Martin A. Schwartz

9 minute read

March 31, 2021 | The Recorder

Two Paths, One Destination? How De-SPACs and IPOs Can Both be Fruitful

Given the frenzy of SPACtivity in the last 12 months, and what appears to be at least another 18 to 24 months of continued unprecedented volumes of SPAC deal-making based on the number of SPACs currently in the market, it is worth pausing to consider some of the real and meaningful distinctions between the two processes as more and more companies contemplate which path to follow toward the promise of the opening bell, according to Sidley Austin's Josh DuClos and Martin Wellington.

By Josh DuClos and Martin Wellington

10 minute read

March 23, 2021 | New York Law Journal

'Predominantly Foreign' Securities Claims

In their Second Circuit Review , Martin Flumenbaum and Brad Karp discuss 'Cavello Bay Reinsurance v. Shubin Stein,' an opinion which "continues the Second Circuit's trend of taking a narrow approach to the extraterritorial reach of the federal securities laws."

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 19, 2021 | New Jersey Law Journal

Failure to Contract: The LAD's Anti-Discrimination Provisions for Non-Employees

New Jersey employers and businesses should familiarize themselves with the lesser-known provisions of the LAD, which prohibit discrimination outside of the employment context, including discrimination in private business transactions and contracts.

By Martin C. Fojas

9 minute read

March 01, 2021 | New York Law Journal

Proof of Municipal Custom or Practice: 'Lucente'

The Second Circuit's recent decision in 'Lucente v. County of Suffolk' provides important guidance on the relevance and sufficiency of evidence to prove a municipal custom or practice. Martin A. Schwartz discusses the case in this edition of his Section 1983 Litigation column.

By Martin A. Schwartz

10 minute read

February 23, 2021 | New York Law Journal

Holding the Line on the Foreign Corrupt Practices Act

In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss the court's ruling in 'United States v. Ho', which "silenced post-'Hoskins' speculation that the Second Circuit would continue to narrow the scope of FCPA liability."

By Martin Flumenbaum and Brad S. Karp

7 minute read

February 22, 2021 | Corporate Counsel

Six Shifts GCs Must Make to Legal Department Operations by 2025

GCs have a vital role to play in enabling organizational resilience, but it will involve fundamentally redesigning the legal department to better navigate the business through disruption.

By Abbott Martin and James Crocker

7 minute read

January 26, 2021 | New York Law Journal

Pleading Standards for §1983 Claims Against Government Supervisors

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the decision in 'Tangreti', which offers "much-needed guidance on the pleading standard for §1983 claims against government supervisors."

By Martin Flumenbaum and Brad S. Karp

8 minute read

January 04, 2021 | New York Law Journal

The Myriad Problems With Qualified Immunity

In his Section 1983 Litigation column, Martin Schwartz joins jurists and academics who, over the last several years, have criticized the Supreme Court's qualified immunity jurisprudence, calling for its elimination or at least reform.

By Martin A. Schwartz

13 minute read

December 22, 2020 | New York Law Journal

U.S. Supreme Court Swiftly Overrules Second Circuit on COVID-19 and Religious Worship

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp compare and contrast the different approaches of the Second Circuit and Supreme Court in 'Roman Catholic Diocese of Brooklyn v. Cuomo', and discuss the implications of the Supreme Court's decision.

By Martin Flumenbaum and Brad S. Karp

8 minute read