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Martin

Martin

June 12, 2023 | Law.com

AI Considerations for In-House Counsel

Having an AI policy that outlines acceptable use, and documenting assessments that establish that AI systems are used in a manner consistent with the policy and that the benefits outweigh potential harms, can go a long way in managing legal and reputational risk.

By Charmian Aw, Diletta De Cicco, Annette Demmel, Charles-Albert Helleputte, Kyle Fath, Alan Friel, Julia Jacobson, Bartolome Martin and David Naylor

17 minute read

May 30, 2023 | The Legal Intelligencer

DOJ Continues Losing Streak in Misguided Push to Criminally Punish No-Poach Violations

Despite the lopsided number of unfavorable outcomes to date, the DOJ has remained undeterred in its mission to criminally punish "naked" no-poach agreements.

By Carl W. Hittinger and Andrew J. Martin

7 minute read

May 24, 2023 | New York Law Journal

Apartment-Dwellers May Have a Reasonable Expectation of Privacy in Shared Spaces

In United States v. Lewis, the U.S. Court of Appeals for the Second Circuit addressed whether the Fourth Amendment's protections against unreasonable search and seizure extends to the warrantless search of a shared back porch of a multiunit dwelling.

By Martin Flumenbaum and Brad S. Karp

6 minute read

May 01, 2023 | New York Law Journal

Section 1983 'Brady' Traps: A Closer Look at 'Moran'

The U.S. Court of Appeals for the Seventh Circuit's recent decision in Moran v. Calumet City illustrates some of the obstacles Section 1983 Brady plaintiffs have to overcome.

By Martin A. Schwartz

10 minute read

April 25, 2023 | New York Law Journal

Reviving Universities' Possible Liability for COVID-Related Changes

In Rynasko v. New York University, 63 F.4th 186 (2nd Cir. 2023), the U.S. Court of Appeals for the Second Circuit potentially revived a putative class action against NYU seeking a partial refund of tuition fees due to NYU's response to the COVID pandemic.

By Martin Flumenbaum and Brad S. Karp

7 minute read

March 29, 2023 | Corporate Counsel

How Aspiring GC Can Position Themselves for Success

General Counsel have a broad range of responsibilities from serving as a company's top lawyer and head of the legal department to advising on corporate strategy, managing cross function assurance efforts, responding to legal-political-social changes and more.

By Abbott Martin

6 minute read

March 22, 2023 | New York Law Journal

The Second Circuit and the Federal Arbitration Act Transportation Worker Exemption

In Bissonnette v. LePage Bakeries, the U.S. Court of Appeals for the Second Circuit revisited its prior decision finding that truck drivers who deliver baked goods do not fall within the "transportation workers" exemption in the Federal Arbitration Act (FAA).

By Martin Flumenbaum and Brad S. Karp

8 minute read

March 06, 2023 | Daily Report Online

23 Charged With Terrorism in Atlanta 'Cop City' Protest

The site has become the flashpoint of ongoing conflict between authorities and left-leaning protesters who have been drawn together, joining forces to protest a variety of causes.

By Jeff Martin and Jeff Amy | The Associated Press

4 minute read

March 06, 2023 | New York Law Journal

Punitive Damages in Section 1983 Excessive Force Cases

Police use of excessive force continues to plague the nation. Combating the problem requires serious changes in police hiring, training and supervisory practices.

By Martin A. Schwartz

11 minute read

February 17, 2023 | New York Law Journal

Updating FOIA's Framework for Disclosing Electronic Records

The court refined its framework for analyzing when FOIA requires agencies to alter electronic disclosures in order to facilitate access to records held within their databases, write contributors Martin Flumenbaum and Brad S. Karp.

By Martin Flumenbaum and Brad S. Karp

7 minute read