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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…
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
May 25, 2011
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
By: Ifrah Law
Just a couple of months ago, there was considerable optimism after the introduction of an interactive-gaming bill in the Nevada legislature that that state could be the first to legalize online poker. However, in the wake of last month’s “Black Friday” indictments, it now appears that the optimism was premature. The state legislature is clearly waiting for the issue of online gaming to be resolved…
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
May 24, 2011
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
By: Ifrah Law
The U.S. Department of Justice is continuing its crackdown on the online gaming industry. On May 23, 2011, the U.S. attorney for the District of Maryland unsealed an indictment that charged several poker and gambling sites with illegal gambling and money laundering. Those indicted were ThrillX Systems, Ltd., d/b/a BetEd; Darren Wright; and David Parchomchuk, both of British Columbia, Canada, as well as K23 Group Financial…
Barney Frank’s Advice to Poker Players After ‘Black Friday’
May 9, 2011
Barney Frank’s Advice to Poker Players After ‘Black Friday’
By: Ifrah Law
In the wake of the catastrophic consequences of last month’s “Black Friday” for online poker players in the United States, many players are wondering about their next step. Pocketfives.com recently interviewed Congressman Barney Frank and although he agreed that is “difficult to figure out what to do,” he still had some concrete advice for the online poker player universe. Frank felt that the events of…
Bank Hit With FCA Complaint Over Mortgage Lending
May 3, 2011
Bank Hit With FCA Complaint Over Mortgage Lending
By: Ifrah Law
On May 3, 2011, the U.S. Department of Justice filed a civil case against Deutsche Bank, Germany’s largest bank, asserting that Deutsche Bank was liable for more than $1 billion to the U.S. government for its statements and actions during the mortgage meltdown of the last few years. This case is one of the few that has emerged from the mortgage crisis, and like many…
The Disintegration of White-Collar Criminal Bernie Madoff
April 27, 2011
The Disintegration of White-Collar Criminal Bernie Madoff
By: Ifrah Law
In December 2010, Bernie Madoff contacted the Financial Times to say that he was ready for his second prison interview. It had been two years since news broke of Madoff’s 16-year, $65 billion Ponzi scheme, and just 17 months since he began serving his 150-year sentence. By the time he was interviewed, his oldest son, Mark, had hanged himself on the second anniversary of Madoff’s…