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

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

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,…

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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…

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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…

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Judge Rakoff and the Emperor’s New Clothes

October 29, 2012

Judge Rakoff and the Emperor’s New Clothes

By: Ifrah Law

On October 24, 2012, U.S. District Judge Jed Rakoff sentenced Rajat Gupta to 24 months after he was found guilty by a jury of one count of conspiracy and three counts of substantive securities fraud, in connection with providing material non-public information to convicted inside trader Raj Rajratnam. This two-year prison sentence was substantially below the applicable advisory range under the United States Sentencing Guidelines…

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Reid-Kyl Bill Would Legalize Online Poker at Federal Level

October 24, 2012

Reid-Kyl Bill Would Legalize Online Poker at Federal Level

By: Ifrah Law

A draft of the online poker bill that Sen. Harry Reid (D-Nev.) and Sen. Jon Kyl (R-Ariz.) plan to introduce was released this week. The bill, known as the “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012” would legalize online poker at the federal level, a step that became possible last December when the U.S. Department of Justice released an opinion…

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DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?

October 17, 2012

DOJ Opinion on Key FCPA Issue Makes Sense, But What’s Next?

By: Ifrah Law

We have previously advocated for the Department of Justice to employ a more narrow reading of the term “foreign official” in the Foreign Corrupt Practices Act. Therefore, we were pleased to see that the DOJ recently issued an opinion that parsed the definition and came to the conclusion that a member of a foreign royal family was not a “foreign official” under the FCPA. Although…

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Libya Loses Court Battle Over Its Own ‘Libyan Embassy’ Trademark

September 19, 2012

Libya Loses Court Battle Over Its Own ‘Libyan Embassy’ Trademark

By: Ifrah Law

In an interesting recent opinion, the U.S. District Court for the District of Columbia rebuffed the Libyan Government’s bid to obtain a transfer to it of the domain name registration for libyanembassy.com from a “legalization expeditor” – a company that certifies documents as one step in the process of international legalization of documents (such as foreign birth certificates). The Libyan Government brought an action under…

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Executive’s Internet Searches Give SEC the Road Map to Make an Arrest

August 17, 2012

Executive’s Internet Searches Give SEC the Road Map to Make an Arrest

By: Ifrah Law

The U.S. Securities and Exchange Commission has charged an executive at Bristol-Myers Squibb with insider trading, citing his Internet searches as support that he tried to cover up his illegal acts. As a high-level executive in the treasury department at Bristol-Myers Squibb, Robert D. Ramnarine helped the company target, evaluate, and acquire other pharmaceutical companies. The SEC’s complaint, filed in U.S. District Court in New…

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Articles and Presentations by Our Firm Attorneys

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

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

The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?

The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty

Baltimoronic Investigation

Baltimoronic Investigation
By: James Trusty

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