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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…
Playing with House Money
May 15, 2023
Playing with House Money
By: James Trusty
Just as the walls seemed to be closing in on young entrepreneur Charlie Javice, a bit of offense has left her opponent, JPMorgan, in an entirely uncomfortable position largely of its own making. Javice founded a college loan planning entity called Frank, that appeared to be doing so well that JP Morgan bought it in 2021 for $175 million, purportedly lining Charlie’s pocket to the…
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
December 19, 2022
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
By: Jake Gray
The U.S. Securities and Exchange Commission (“SEC”) has announced charges against eight finance-oriented social media influencers in an alleged $100 million securities fraud scheme, in which they engaged in “pump-and-dump” market manipulation by leveraging their following on various social media platforms. The securities fraud charges, unsealed on December 13th, name seven defendants with an eighth defendant charged with aiding and abetting the alleged scheme. [1]…
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
September 20, 2022
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
By: Jake Gray
On September 7, 2022, the Brooklyn district attorney’s office announced its request to vacate nearly 400 convictions, dating back to 1999, that were founded on testimony provided by officers who were later found guilty of crimes committed while on duty. Among the 13 officers’ crimes are murder, planting drugs, taking sex bribes, civil liberties violations, and perjury—crimes that called “into question the integrity of every…
More than a Mantra: Pitfalls of Excluding Time under Speedy Trial Analysis
July 1, 2022
More than a Mantra: Pitfalls of Excluding Time under Speedy Trial Analysis
By: James Trusty
This week the Second Circuit Court of Appeals issued a stinging reminder about the need for precision in the case of U.S. v. Pikus, No. 20-3080 (2d Cir. 2022). Aleksander Pikus was one of four defendants charged with money laundering conspiracy and related offenses for bilking Medicare and Medicaid through false billings. The scheme featured unnecessary ambulance rides to a Brooklyn medical clinic apparently run…
Michigan’s High Profile Boomerang
April 21, 2022
Michigan’s High Profile Boomerang
By: James Trusty
About one month before the 2020 election, the Department of Justice proudly announced their disruption of a scheme to kidnap Michigan Governor Gretchen Whitmer. Six men were arrested and referred to as “violent extremists.” Gov. Whitmer’s surrogates indicated that the blame was not fully on the gnarly bearded men whose pictures dominated newscasts around the country, but on Donald Trump, who had whipped up crowds…
