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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…
Are High Frequency Traders Playing Fast and Loose With the Rules?
April 18, 2014
Are High Frequency Traders Playing Fast and Loose With the Rules?
By: Ifrah Law
When high frequency trading (HFT) first crept into the public consciousness, it related to primarily to the question of whether rapid, computer driven trading posed risks to the safety and stability of the trading markets. Now it appears that HFT may have also been a means for some traders to gain a possible illegal advantage. High frequency trading involves the use of sophisticated technological tools…
Offshore Accounts? IRS is Watching
April 16, 2014
Offshore Accounts? IRS is Watching
By: Michelle Cohen
If you have unreported income from offshore accounts, now may be the best time to come forward and report those earnings; otherwise, you may be susceptible to criminal prosecution. The IRS initially began this open-ended Offshore Voluntary Disclosure Program (OVDP) in 2009 and later renewed it in 2011. Due to strong interest from previous years, the IRS rolled the 2012 Offshore Voluntary Disclosure Program back…
My, What Long Arms You Have, Uncle
April 4, 2014
My, What Long Arms You Have, Uncle
By: Nicole Kardell
Here’s a visual: Uncle Sam extending his arms around the world, reaching out for his citizens, wherever they may be. He may resemble a candy-striped Gumby, with disproportionately long rubbery arms spanning the globe. The visual is not an endearing one to many Americans abroad. They do not see Uncle Sam’s reach as an embrace, but rather as a stronghold. And a close-up of the…
Employers Seeking to Curb Employee Mobile Phone Use at Work? Don’t Use Illegal Signal Jammer – FCC is “Listening”
March 31, 2014
Employers Seeking to Curb Employee Mobile Phone Use at Work? Don’t Use Illegal Signal Jammer – FCC is “Listening”
By: Michelle Cohen
Some employers, particularly those in manufacturing, health care, and other situations where mobile phone use could interfere with employee safety, have come up with novel approaches to curbing employees’ uses of mobile phones. While a policy restricting personal phone calls and texting may be acceptable, installation of a signal jammer to prevent employees from accessing the network is unlawful and can subject the employer to…
Live Report From iGNA 2014 – Is iGaming The Problem or The Solution?
March 19, 2014
Live Report From iGNA 2014 – Is iGaming The Problem or The Solution?
By: Ifrah Law
This afternoon at the iGaming North America 2014 conference an interesting panel, “Visionaries’ Perspective—Is i-Gaming the Problem or the Solution?” explored two vastly divergent viewpoints on online gaming in the United States. The panel was moderated by Steve Lipscomb, the Founder of the World Poker Tour, and featured, Mitch Garber, the CEO Caesars Acquisition Co. and Caesars Interactive Entertainment, and Andy Abboud, Vice President of…
