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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…
Defense Wants Information on Informant in Dramatic FCPA White-Collar Sting Case
July 16, 2010
Defense Wants Information on Informant in Dramatic FCPA White-Collar Sting Case
By: Ifrah Law
January 2010 saw the dramatic arrests of 22 individuals in the military and law enforcement equipment industry – in several companies and at various levels of responsibility – for alleged Foreign Corrupt Practices Act violations involving payments to an alleged sales agent for an unnamed African nation, later identified as Gabon. The arrests took place at a gun show in Las Vegas. The arrests, in…
Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
July 12, 2010
Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
By: Ifrah Law
On July 6, 2010, the U.S. Department of Justice filed a lawsuit seeking to prohibit the enforcement of the controversial new anti-immigration law passed by the state of Arizona in April. See, for example, the helpful summary in the blog of Legal Times. DOJ is seeking declaratory and injunctive relief to prohibit the enforcement of the law, known as S.B. 1070. Among other things, S.B….
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
July 9, 2010
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
By: Ifrah Law
The highly regarded British publication The Economist has just published an interesting article that strongly makes the case that poker is a game of skill, not a game of chance. The article notes that poker is, of course, big business these days, pointing to a consultant’s estimate that the online poker market amounts to $4.9 billion worldwide, with $1.4 billion of that being spent in…
Federal Criminal Charges Dropped — But Reputations Damaged
July 8, 2010
Federal Criminal Charges Dropped — But Reputations Damaged
By: Ifrah Law
A recent Bloomberg News article points to a disturbing trend – a dramatic increase in ultimately unsupportable white-collar federal indictments. In recent years, a growing number of executives have been indicted for corporate crimes and then had the charges dropped. From 2006 to 2008, the most recent period available, U.S. prosecutors dismissed charges against 42 such defendants for which the most serious charge was securities…
Kagan Stresses Deference to Congress on Federal Sentencing
July 6, 2010
Kagan Stresses Deference to Congress on Federal Sentencing
By: Ifrah Law
In her three-day Supreme Court confirmation hearing, nominee Elena Kagan expressed very few views on substantive issues that might give observers a clue as to how she would vote as a Justice. Criminal law and sentencing issues were no exception, as the nominee did not tip her hand much on these matters. One interesting tidbit emerged, however. Kagan was asked on June 30, 2010, the…
