BG Trial Team Named Law360 “Legal Lions of the Week” for Victory Against Johnson & Johnson

A Bailey Glasser trial team was chosen by preeminent legal publication Law360 as one of its “Legal Lions of the Week” following a major win against Johnson & Johnson after a two-week trial before the U.S. Bankruptcy Court in Houston.

As set forth in Law360:

Meanwhile, in Texas, the Coalition of Counsel for Justice for Talc Claimants is celebrating after a bankruptcy judge shot down Johnson & Johnson’s third attempt to use Chapter 11 to settle thousands of claims that its products caused cancer.

Judge Christopher M. Lopez tossed the roughly $9 billion bankruptcy deal on Monday, citing voting irregularities before J&J unit Red River Talc’s bankruptcy filing. In his decision, Judge Lopez said Red River misapplied its vote-counting procedures in an attempt to lock down a deal that would have used nonconsensual liability waivers to insulate itself, J&J and others from being held liable for talc claims.

The Coalition of Counsel for Justice for Talc Claimants is represented by Nicholas R. Lawson and Avi Moshenberg of Lawson & Moshenberg PLLC, Melanie L. Cyganowski, Adam C. Silverstein, Sunni P. Beville, David A. Castleman and Jennifer S. Feeney of Otterbourg PC, and Brian A. Glasser, Thomas B. Bennett, David L. Selby II, Jonathan Gold, Katherine E. Charonko and Elizabeth L. Stryker of Bailey & Glasser LLP.

Additional members of the firm’s litigation team included partner Joshua Hammack, and Of Counsel Michael Shenkman.

The case is In re: Red River Talc LLC, Case Number 4:24-bk-90505, in the U.S. Bankruptcy Court for the Southern District of Texas.

To learn more about this case, please visit this link.

Brian McAllister and Gabrielle Marcum Earn Legal Aid of West Virginia’s Distinguished Pro Bono Award for Bailey Glasser

At 9:00 p.m. on a winter evening in 2024, a neighbor knocked on Brian McAllister’s front door. Brian is a partner in Bailey & Glasser’s Morgantown office.

Although the two had never met, Brian welcomed the man into his home. And although the neighbor didn’t know he was talking with a lawyer, the neighbor asked Brian to explain a document from the Monongalia County Magistrate Court. Over the next hour, Brian learned that the man and his family paid rent for a house without a central heating system. Shortly thereafter, Brian engaged as the family’s lawyer with Bailey & Glasser’s full support.

Approximately a year and more than 100 hours of pro bono legal work later, Brian and Bailey Glasser associate Gabbie Marcum, along with co-counsel James Clark and Ed Sharp of Legal Aid of West Virginia, settled the case and secured a favorable outcome for the family. That’s why, on April 3, Legal Aid of West Virginia and the West Virginia State Bar recognized Brian and Gabbie’s work by presenting Bailey & Glasser with the Distinguished Pro Bono Award.

“I’m elated that we delivered a positive result for our clients,” said Brian after receiving the award. “I’m thankful to have worked with James and Ed and Legal Aid of West Virginia. I’m grateful for Gabbie Marcum’s skill and hard work. And I’m proud to have opened my door for a family in need.” Additional BG team members providing valuable support in the case included paralegal Whitney Johnson and legal assistant Jessica Suschak.

Read more here.

BG Wins Dismissal of J&J’s Third Attempt To Dismiss Talc Claims in Bankruptcy

March 31, 2025: Today, a federal court dismissed the third attempt by Johnson & Johnson to create a mechanism to dispose of talc-related litigation claims outside the Constitutionally-guaranteed jury process. Johnson & Johnson has tried twice to use this “Texas Two-Step” legal maneuver and was unsuccessful, with both of those Chapter 11 cases dismissed as bad faith filings.

In this third unsuccessful attempt to discharge its liabilities in bankruptcy, Johnson & Johnson shopped for what it thought would be a more favorable forum for its third attempted bankruptcy – Texas. In February 2025, the U.S. Bankruptcy Court in Houston conducted a two-week trial to determine the validity of the claims, the process through which claimants were permitted to vote, and to hear the objections of the Coalition of Counsel for Justice for Talc Claimants, which included thousands of women injured by J&J’s talc products, some of whom died in the months before the matter was tried.

At the end of an exhaustive analysis of the record, and pursuant to a 57-page opinion, the federal court found that the totality of the record required dismissal. The record included prepetition voting and solicitation irregularities, an unreasonably short voting time for thousands of creditors, and that appointment of a trustee or conversion does not make sense in this case. The Court also noted that “There is no real company or jobs to save here. This case is about whether voters will accept a deal.”

The court’s decision stated: “While the Court’s decision is not an easy one, it is the right one.”

Co-lead trial counsel Brian Glasser stated: “Judge Lopez did the right thing and followed the law. His opinion will be sustained on appeal.”

The Coalition of Counsel for Justice for Talc Claims trial team was co-led by Bailey & Glasser founding partner Brian A. Glasser, Mass Torts Practice Group Leader David L. Selby, Electronically Stored Information Practice Group Leader Katherine E. Charonko, and litigator Elizabeth L. Stryker. Additional members of the BG team includes Bankruptcy Practice Group Leader Jonathan Gold, partners D. Todd Mathews and Joshua Hammack, and Of Counsels Thomas B. Bennett and Michael Shenkman.

Client Alert: Treasury Suspends CTA Enforcement for U.S. Citizens & Domestic Companies

On March 2, 2025, the U.S. Treasury announced a temporary suspension of Corporate Transparency Act (CTA) enforcement for U.S. citizens, domestic reporting companies, and their beneficial owners, and indicated it intends to narrow the CTA’s scope so that the reporting requirements apply only to foreign reporting companies.

Here’s what this means:
🔹Narrowing the Scope of Reporting: The Treasury aims to limit CTA reporting only to foreign reporting companies, potentially eliminating compliance for U.S. businesses.
🔹Enforcement Temporarily Paused: While the CTA’s reporting obligations remain in place, no penalties or fines for noncompliance will be issued at this time.
🔹Upcoming Rule Changes: FinCEN is expected to release an interim final rule by March 21, 2025, extending deadlines and clarifying BOI reporting obligations.

Next Steps for Businesses:
✅ Domestic Companies: If you’ve already filed BOI reports or were preparing to, consider pausing further action until FinCEN provides clarity.
✅ Foreign Companies: Continue preparing BOI reports, given reporting obligations are likely to remain, but consider waiting to file until further guidance is provided by FinCEN.
✅ Stay Alert: More guidance is coming soon— stay tuned for revised reporting requirements and additional enforcement decisions.

We’re tracking developments and will provide updates as FinCEN releases new guidance. Read more here.

For more information on our CTA team, visit their bios here:
Lorren Patterson
Paul-Kalvin Collins
Japera Parker

#CorporateTransparencyAct #CTA #FinCEN #BOI #RegulatoryCompliance #LegalUpdate

BG Lawyers Named to 2025 Lawdragon 500 Leading Plaintiff Consumers Lawyers List

Nine outstanding Bailey Glasser partners have been named to the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers list, which recognizes lawyers fighting for justice in consumer litigation across the country.

Congratulations to:
• Brian Glasser: BG Founding Partner
• Katherine E. Charonko: ESI Practice Group Leader
• Joshua Hammack: Partner, Commercial & Environmental Litigation Practice Group
• James Kauffman: Partner, Consumer Litigation Practice Group
• Patricia Kipnis: Consumer Litigation Practice Group Leader
• Jonathan Marshall: Contingent Practice Area Leader
• Todd Mathews: Partner, Mass Torts Practice Group
• Michael Murphy: Partner, Contingent Practice Area
• David Selby II: Mass Torts Practice Group Leader

As stated by Lawdragon: “[W]e’re so proud to present this amazing collection of coast-to-coast champions who dedicate their lives to helping people going through the hardest moments of their lives.”

From standing up for survivors of sexual abuse, battling corporate giants in complex mass tort litigation, to advocating for consumer rights against unfair fees, and supporting complex class actions through cutting-edge e-Discovery practices, these Bailey Glasser lawyers are relentless in their pursuit of justice.

We applaud all the lawyers who made this list and we thank Lawdragon for the recognition. To learn more about the BG lawyers recognized, visit here.

For more about this recognition visit Lawdragon’s 500 Leading Plaintiff Consumer Lawyers list here.

#BaileyGlasser #Lawdragon #LeadingPlaintiffConsumerLawyers #ConsumerProtection #Litigators #MassTorts #ClassActions #EDiscovery

Client Alert: “CTA Whiplash: FinCEN Pumps the Brakes on Enforcement—What’s Next?”

Just as companies were gearing up to meet the March 21st deadline for Corporate Transparency Act (CTA) compliance, FinCEN hit the brakes on enforcement. On Thursday, FinCEN announced it will not issue fines, penalties, or take enforcement actions against companies that fail to file or update beneficial ownership information (BOI) reports while it works on extending deadlines.

What Just Happened?
• Feb. 17-18 – A federal court lifts the last nationwide injunction, reinstating CTA reporting requirements. In response, FinCEN extends the filing deadline for most companies to March 21, 2025.
• Feb. 27 – FinCEN announces that non-compliance won’t be penalized—for now.

What’s Next?
• By March 21, 2025 – FinCEN expects to issue an interim final rule extending BOI deadlines.
• Later in 2025 – FinCEN plans to revise reporting requirements to reduce the burden on small businesses.

What Does This Mean for You?
• Filing is effectively voluntary (for now). Companies may choose to hold off until clearer guidance is issued.
• Corrections may still be necessary—FinCEN’s pause doesn’t explicitly cover fixing past errors.
• Stay informed—Federal litigation and legislative challenges to the CTA are ongoing.

Buckle up—the CTA ride isn’t over yet. We’re tracking developments and will provide updates as FinCEN releases new guidance. Read more here.

For more information on our CTA team, visit their bios here:
Lorren Patterson
Paul-Kalvin Collins
Japera Parker

#CorporateTransparencyAct #CTA #FinCEN #BOI #RegulatoryCompliance #LegalUpdate

Partner Patricia Kipnis to Speak at the Consumer Financial Services Fundamentals 2025

Patricia Kipnis, Bailey Glasser partner and Consumer Litigation Practice Group Leader, will be a panelist at the Practising Law Institute’s Consumer Financial Services Fundamentals 2025 conference in New York City on March 13-14.

Patricia will join the panel titled, “The Fundamentals of Servicing and Collections for Consumer Obligations,” discussing key considerations for financial services companies when servicing accounts and collecting delinquent balances.

Attendees will gain insight into:
• The life cycle of consumer loans and servicing activities
• Key federal and state laws governing servicing and collections
• Emerging issues, including the role of AI in servicing and collections

Don’t miss this opportunity to learn from industry consumer litigation leaders. For more information and to register for the event, visit here.

Learn more about Patricia Kipnis, here.

#ConsumerProtection #ConsumerFinance #BankingandFinance #DebtCollections #CFSF2025 #FinancialServices #BaileyGlasser

Maryland Supreme Court Upholds Child Victims Act, Advancing BG’s Fight for Survivors

In a major win for abuse survivors, the Supreme Court of Maryland has upheld the constitutionality of the Child Victims Act of 2023, allowing survivors of childhood abuse to seek justice regardless of when the abuse occurred. This landmark ruling removes legal barriers that once shielded institutions from accountability.

In a 4-3 decision, the court affirmed that the Maryland General Assembly had the authority to retroactively eliminate the statute of limitations. Writing for the majority, Chief Justice Matthew Fader made it clear: defendants do not have a vested right to immunity from lawsuits.

Bailey & Glasser, LLP, along with three other law firms, filed lawsuits on the very day the law took effect, representing thousands of survivors abused in Maryland’s juvenile detention centers when they were just children. The lawsuits allege that past administrations allowed systemic abuse, including rape, torture, and severe neglect, failing to protect vulnerable children for decades.

Todd Mathews, lead counsel for the Bailey Glasser team stated, “This ruling is a watershed moment for survivors of child sexual abuse in Maryland. Survivors have fought too long to have their voices heard, and today, the court made it clear that their pursuit of justice will not be denied.” Sharon Iskra, BG’s Institutional Abuse & Neglect team leader added, “The trauma of abuse does not expire, and neither should the right to seek accountability.”

For survivors, this ruling is life-changing, one stating: “I’m so relieved that we are being affirmed this way; that after all we’ve been through, we now have a voice, and it will not be taken away.”

In addition to Todd Mathews and Sharon Iskra, the Bailey Glasser team leading the fight for survivors includes founding partner Brian A. Glasser, and David Selby II.

Bailey Glasser and its co-counsel are committed to holding the State accountable and fighting for justice for survivors. Learn more about our fight for Maryland juvenile abuse survivors here.

#Maryland #ChildVictimsAct #InstitutionalAbuse #EndAbuse #BaileyGlasser

BG Fights for Sex Abuse Survivors Before Illinois Court of Claims

BG litigators D. Todd Mathews and Elizabeth Dow are appearing in court today to fight for Illinois sex abuse survivors. In 2024, we filed complaints on behalf of 425 survivors of sexual abuse against the Illinois Department of Corrections and Department of Juvenile Justice. The perpetrators of the sexual abuse were correctional officers, counselors, supervisors, and other Illinois Youth Center staff.

The lawsuits were brought under the recently amended Childhood Sexual Abuse Act as codified at 735 ILCS 5/13-202.2. This statute allows survivors to pursue damages from their abusers and from the institutions that enabled the abuse by increasing the time in which survivors of sexual abuse are permitted to come forward and file civil lawsuits.

The State of Illinois filed Motions to Dismiss these complaints which we have vigorously opposed. Today we, along with our co-counsel at the firms of Levy Konigsberg, DiCello Levitt, and Anapol Weiss are appearing before a full panel at the Illinois Court of Claims to argue against the Motions to Dismiss and to stand up for our clients.

The Bailey Glasser litigation team also includes founding partner Brian A. Glasser, Mass Torts Practice Group Leader David Selby, and litigator Samira Bode.

Client Alert: CTA Springs Back into Action – New BOI Report Filing Deadline Set for March 21, 2025

Mark your calendars. After months of legal back and forth, the Corporate Transparency Act (“CTA”) reporting requirements are back in effect, for now, with a new deadline of March 21, 2025.

The U.S. District Court for the Eastern District of Texas lifted its nationwide preliminary injunction, aligning with the Supreme Court of the United States’ decision earlier this year to stay a similar nationwide injunction. Consequently, reporting obligations are back on and FinCEN has extended the filing deadline to March 21, 2025.

Action Steps:
✅ Assess Your Status and Compile Ownership and Control Information: Assess if your entity qualifies as a “reporting company” under the CTA and gather the most up to date ownership and control information for your entity.
✅ Obtain FinCEN IDs or Identifying Information: Collect identifying information for each person who qualifies as a “beneficial owner” under the CTA. Encourage beneficial owners to secure a FinCEN ID to streamline reporting.
✅ Prepare for Submission: Be ready to file initial, updated, or corrected Beneficial Ownership Information (BOI) reports by the March 21 deadline using FinCEN’s E-Filing system.
✅ Stay Informed: Monitor ongoing federal litigation and potential legislative changes affecting CTA requirements.

FinCEN acknowledges that reporting companies may need additional time to meet the March 21 deadline and has stated that if it opts to modify the deadline, an update will be shared before that date. Additionally, in the coming months, FinCEN intends to revise reporting rules to reduce burdens for low-risk entities, including U.S. small businesses, while focusing on entities posing greater national security risks. This may include developing additional reporting exemptions.

Our CTA team will keep you updated on the latest developments. To read the full Client Alert, visit here.

For more information on our CTA team, visit their bios here:
Lorren Patterson
Paul-Kalvin Collins
Japera Parker

#CorporateTransparencyAct #CTA #FinCEN #BusinessCompliance #LegalUpdate

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