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This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
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August 25, 2025
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
By: George Calhoun
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 were not eligible for payment. It is a foundational principle of U.S. bankruptcy law, however, that the bankruptcy courts do not discriminate against claimants based on the origin of their claims. The motivation behind these exclusions appears to be a claimant-driven desire to limit competition, but that motivation is incompatible with the Bankruptcy Code. The result has been, at least in the Imerys talc bankruptcy,…
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
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 that information, ICE showed up at the courthouse, was allowed…
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
April 23, 2018
Deputy AG Rod Rosenstein to Make First Supreme Court Appearance in Sentencing Case, Even as Rumors Continue to Swirl of Potential Firing
By: Ifrah Law
Deputy Attorney General Rod Rosenstein will be arguing before the Supreme Court today for the first time in his nearly thirty-year government career even as rumors abound that Donald Trump is talking about firing him to cut off investigations into his administration’s Russia ties. Although the United States is usually represented before the Supreme Court by the Solicitor General, it is not uncommon for…
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
March 26, 2018
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
By: Jeffrey Hamlin
As of March 21, 2018, both chambers of Congress have approved H.R. 1865—the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). In a rare show of bipartisanship, both Houses approved the bill with veto-proof majorities—the House by a vote of 388 to 25 and the Senate by a vote of 97 to 2. But some free-speech advocates, internet-law experts, and…
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
March 2, 2018
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
By: Ifrah Law
As previewed in our previous post, the United States Securities and Exchange Commission (“SEC”) unanimously approved new cybersecurity interpretive guidance—a format used to clarify the SEC’s views on security laws and regulations—on Wednesday of last week. The guidelines make no mention of how they affect and interplay with other regulators’ data privacy requirements, so whether compliance with these guidelines absolves companies of liabilities is a…
If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.
March 1, 2018
If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.
By: Jeff Ifrah
As predicted, the Securities and Exchange Commission (SEC) has taken additional steps to clamp down on the exploding ICO market: yesterday the Wall Street Journal reported the agency had issued “dozens of subpoenas and information requests to technology companies and advisors.” After repeated warnings from regulators like SEC Chairman Jay Clayton, the SEC is now sending its message loud and clear: every ICO involves the sale…
Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own
January 31, 2018
Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own
By: Nicole Kardell
When a company suffers a data breach, it is hit with a barrage of issues. For instance, How can it safeguard against another breach? Who should it notify of the breach and when (Authorities? The people whose data was compromised?)? What type of measures should it undertake to minimize possible damage to those whose data was compromised? How can it guard its reputation and brand?…
