This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts

Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims.  In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases.  The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants…

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Baltimoronic Investigation

June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with…

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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege

During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J.…

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AI Conversations Feel Private. Could They Be Privileged?

The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the…

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A Luigi Mangione Death Penalty Trial

The Attorney General’s recent announcement that DOJ will seek the death penalty against Luigi Mangione raises a host of interesting legal and philosophical issues, and it almost certainly reflects a dramatic about-face from the Biden administration’s approach towards federal prosecutions for death-eligible offenses. Aside from having personally prosecuted three death penalty trials while I was…

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Amending Arbitration Clauses – No Notice, Big Problem?

Many websites’ terms and conditions allow online service providers to make changes without providing prior notice to users. Often, the terms state that the user agrees to read the terms and conditions, and that continued use of the website constitutes acceptance of any modification.  A recent Fourth Circuit decision highlights the potential risk that such…

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Maryland Moving at a Misguided PACE

Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is…

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