Martin

November 06, 2023 | New York Law Journal

Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.

By Martin A. Schwartz

10 minute read

October 24, 2023 | New York Law Journal

This article discusses the Second Circuit's decision in 'Kerson v. Vermont Law School' and how it potentially paves the way for those in possession of controversial or disliked art to permanently conceal the art without violating the artists' rights under the Visual Artists Rights Act of 1990.

By Martin Flumenbaum and Brad S. Karp

6 minute read

September 26, 2023 | New York Law Journal

With the U.S. Supreme Court beginning its October Term 2023 in the coming weeks, we conduct our 39th annual review of the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court during the past term.

By Martin Flumenbaum and Brad S. Karp

11 minute read

September 01, 2023 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz addresses how some federal statues are enforceable under §1983 while others are not by focusing on the recent Supreme Court decision in the Health and Hospital Corp. of Marion County v. Talevski case.

By Martin A. Schwartz

9 minute read

August 22, 2023 | New York Law Journal

This article addresses the Second Circuit's decision on whether Connecticut's repeal of religious exemptions from vaccination requirements for children to attend schools violated various constitutional rights. This decision will likely be an important precedent for policymakers considering similar bills in the wake of the public debate surrounding vaccination mandates in the post-COVID-19 world.

By Martin Flumenbaum and Brad S. Karp

6 minute read

July 31, 2023 | The Recorder

The recent holding from the California Court of Appeal provides a powerful equitable remedy to a minority owner defrauded by the majority owners, according to Greenberg Glusker's Ann Lee and Gregg Martin.

By Ann Lee and Gregg Martin

6 minute read

July 27, 2023 | New York Law Journal

The Second Circuit decision is another decision in a line of recent decisions from circuit courts, including the Third, Fourth, Seventh, and District of Columba Circuit, denying petitions for review of FDA decisions regarding e-cigarette products.

By Martin Flumenbaum and Brad S. Karp

7 minute read

July 02, 2023 | The Legal Intelligencer

As the U.S. data privacy law landscape continues to evolve, including new regulations promulgated under the CPRA, organizations in many states may find comfort in revised privacy policies, prepared templates and processes for responding to data subject access requests, and updated retention policies in light of data minimization dictates.

By Martin T. Tully and Eliza T. Davis

8 minute read

June 30, 2023 | New York Law Journal

Although damages cannot truly make a wrongfully convicted and incarcerated person whole, the law does the best it can do with financial compensation. The financial stakes in these cases are great.

By Martin A. Schwartz

10 minute read

June 27, 2023 | New York Law Journal

In an unanimous opinion authored by Circuit Judge Richard Sullivan and joined by Circuit Judges Amalya Kearse and John Walker, the court determined the CFPB's funding structure was not constitutionally deficient under either doctrine.

By Martin Flumenbaum and Brad S. Karp

7 minute read