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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…
Atlantic City Needed to Go Online Years Ago
May 20, 2014
Atlantic City Needed to Go Online Years Ago
By: Jeff Ifrah
Three more casinos are set to close in Atlantic City. Unions, politicians and lobbyists are pointing fingers. One thing is for certain, newly introduced online gaming legislation is not to blame. If experts had been paying attention to the trends, they would have introduced regulated online gaming into New Jersey years ago… Want to know more? Read the full post on Ifrah Law’s new iGaming…
SEC Takes Proactive Approach to Cybersecurity
May 13, 2014
SEC Takes Proactive Approach to Cybersecurity
By: Steven Eichorn
Last month, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) formally announced its cybersecurity initiative in a Risk Alert. The initiative followed up on OCIE’s announced prioritization of cybersecurity preparedness as part of its 2014 Examination Priorities. The initiative is also timely because the general public is becoming more conscious of cybersecurity risks and its dangers as they learn of…
Zealous Counsel or Unethical Social Media Maven – How Far Can a Lawyer Go?
May 9, 2014
Zealous Counsel or Unethical Social Media Maven – How Far Can a Lawyer Go?
By: Michelle Cohen
Social media has opened a Pandora’s box of information about just about everyone today, including jurors, witnesses, opposing counsel, defendants and plaintiffs. As lawyers we want to leave no stone unturned in pursuing a client’s interest, but just how far can we go without jeopardizing our case? For instance, can counsel (or someone acting at counsel’s direction, such as a paralegal) review a publicly available…
Ifrah Law Report: Johns Hopkins Symposium on Social Costs of Mass Incarceration
May 8, 2014
Ifrah Law Report: Johns Hopkins Symposium on Social Costs of Mass Incarceration
By: Jeffrey Hamlin
On April 28, 2014, Ifrah Law attorneys Jeff Hamlin and Casselle Smith attended a symposium on incarceration presented by The Johns Hopkins University and its Urban Health Institute. The day–long program focused on adverse impacts of mass incarceration and potential strategies for mitigating them and reversing trends toward continued prison growth. Throughout the day, panels comprised of medical professionals, sociologists, legal scholars, and ex–offenders took…
Another SDNY Judge Finds the U.S. Federal Sentencing Guidelines Wanting
April 30, 2014
Another SDNY Judge Finds the U.S. Federal Sentencing Guidelines Wanting
By: Ifrah Law
In a sentencing hearing yesterday in the Southern District of New York, yet another judge reached the conclusion that the quasi-mathematical formulaic approach of the United States Sentencing Guidelines fails to account adequately for differences between criminal defendants. But, in this case, the result was to the detriment of the individual being sentenced in that case. Judge Jed Rakoff made headlines in October 2012 when…
