Avoiding Difficult Corporate Divorce: BG Successfully Reorganizes Media Company

Avoiding a difficult corporate divorce: BG partner Jeff Craven recently served as counsel for the leader of a top D.C. media strategy and public affairs company who wished to buy out her two partners when their vision for the company was no longer aligned, which was complicated because the Operating Agreement didn’t provide sufficient guidance for the “corporate divorce.” A mediation also failed.

Jeff, and lawyers for the other partners, organized a structured process to draft a detailed Letter of Intent which, once executed, was easily converted to a Settlement Agreement and Release. The terms allowed our client to purchase the other two owners’ interests, largely on a deferred basis and with appropriate security devices and reasonable restrictive covenants that gave each party confidence that the longer-term outcome contemplated under the Agreement would be realized.

Through this process, the parties avoided litigation by finding a creative, balanced solution that allowed the parties to divide the assets while maintaining the business’s value.

Jeff Craven commented: “It’s often best to find a way to air out differences and identify counsel who can construct a creative and balanced approach where nobody is entirely happy and each party gives a little, but everyone can point to an important element of the deal that is valuable to them. As with marital assets, finding common ground can be dicey, but by being honest about what’s most (and least) important, creative counsel can help frame a way to divide the assets and craft a path forward so that the value of the business can be maintained, even as its pieces are held separately, and even on a secured debt basis.”

“The alternative, litigation, is almost always more upsetting and expensive. This is also a good reminder for entrepreneurs that having an Operating Agreement that covers the operating of an entity as well as its dissolution (in all of its forms) is a best practice,” he added.

Jeff understands the many lifecycles that companies experience and handles the beginning, middle, and end of many corporate issues. He also regularly acts as a fractional Outside General Counsel for companies who don’t need a full-time in-house counsel yet have sophisticated operations that could use sage corporate counsel.

For more about Jeff, visit here.
#CorporateLaw #CorporateDivorce #BaileyGlasser

BG Files New Lawsuits on Behalf of 193 Survivors of Childhood Sexual Abuse in the Cook County, IL Juvenile Court System

Bailey Glasser and co-counsel have filed another round of new complaints on behalf of 193 survivors of sexual violence and abuse against the State of Illinois; the Office of the Chief Judge for Cook County, Illinois; the Illinois Department of Corrections and Department of Juvenile Justice employees, alleging these entities failed to protect children from rampant sexual abuse perpetrated by adult employees at the Cook County Juvenile Temporary Detention Center (formally known as the Arthur J. Audy Home).

As alleged in the complaint filed on July 22, 2024, between 1995 and 2022, hundreds of youths were victimized at JTDC. This filing comes on the heels of two other lawsuits filed on May 6 and June 3 of this year arising from state-operated Illinois Youth Centers, now raising the total number of plaintiffs to nearly 400.

Partner D. Todd Mathews, lead counsel on the Bailey Glasser litigation team, stated at yesterday’s press conference: “This abuse has been going on since 1995 and it is still going on to this day. It must stop… We will continue to have press conferences and file lawsuits until the folks in Springfield and Cook County hear us and do something.”

The Bailey Glasser team also includes founding partner Brian A. Glasser; partner and Mass Tort Practice Group Leader David Selby; and lawyer Samira Bode. Levy Konigsberg serves as co-counsel for the plaintiffs.

MEDIA REQUESTS: To schedule an interview with counsel or for other media inquiries, please contact Joe Carey at joe@careystrategiccommunications.com.

To read more about the lawsuit please visit here.

To learn more about how we fight on behalf of survivors of sexual abuse across the country, please visit here.

#SexualAbuse #Survivors #CookCounty #BaileyGlasser

BG Summer Associate Spotlight: Noah Wilbur

For our final Summer Associate Spotlight, Bailey Glasser has the pleasure of welcoming back Noah Wilbur who began his legal journey at BG as a paralegal in our Washington, D.C. office before embarking into law school. Noah is a rising 3L at Duquesne University Kline School of Law and is working as a summer associate in our Pittsburgh office.

We hope you enjoy this Q&A with Noah:

Q: What’s your favorite quote that inspires you?
A: I have two favorite quotes. The first comes from the iconic Muhammad Ali, who said “Often it isn’t the mountains ahead to climb that wear you out, it’s the little pebble in your shoe.” The second quote comes from Theodore Roosevelt: “Comparison is the thief of joy.”

Q: If stranded on a desert island, what would you bring with you for entertainment?
A: If I was stranded on a desert island, I’d bring “Demon Copperhead,” by Barbara Kingsolver to read, “Audioslave” the self-titled debut album by Audioslave to listen to, and I’d bring the epic “The Dark Knight” movie to watch.

Q: What is something that you’ve learned while you’ve been at BG this summer?
A: In all honesty, I could likely write a short novel on the numerous insights that I’ve gained during my time as a summer associate at Bailey Glasser. However, for the sake of brevity, the main takeaway from my summer associate experience is the crucial role that effective workplace communication and collaborative synergy play in enhancing the quality of our work product and driving overall efficiency within the firm. Additionally, I also had the opportunity to greatly expand my knowledge and understanding of the many intricacies involved in toxic tort and environmental litigation.

Q: Last but not least, what kind of law are you most drawn to practicing at this time in your legal studies?
A: The areas I am drawn to include environmental litigation; mass torts; product liability; and toxic torts (with a specific focus on asbestos exposure).

Thank you for joining our community this summer and contributing to our work, Noah!
#summerassociate #summer #klineschooloflaw #duquesne #thankyou #community

BG Summer Associate Spotlight: Mackenzie Howe

As we continue to recognize the promising legal talent that we have with us at BG this summer, today’s Summer Associate Spotlight focuses on Mackenzie Howe, a rising 2L at West Virginia University College of Law. Mackenzie is originally from Danville, Kentucky, and graduated with a B.S. in psychology from Centre College in Kentucky and worked for a year as a deputy clerk at the Kentucky Court of Appeals before starting law school.

We hope you enjoy this Q&A with Mackenzie:

Q: What’s your favorite quote that inspires you?
A: My favorite quote is by Reba McEntire: “To succeed in life, you need three things: a wishbone, a backbone, and a funny bone.” It’s a great reminder to focus on my professional, academic, and personal goals without taking myself too seriously.

Q: If stranded on a desert island, what would you bring with you for entertainment?
A: If I was stranded on a desert island, I’d bring my all-time favorite book, Pride and Prejudice. It’s a great comfort read! I’d listen to Tell Me I’m Pretty by Cage the Elephant or Bad Self Portraits by Lake Street Dive. My must-have films are The Secret Life of Walter Mitty or Dirty Dancing, my two favorites growing up.

Q: What is something that you’ve learned while you’ve been at BG this summer?
A: One thing that I will take away from my summer at BG is the power of concise writing and organization. Effective communication is key! Additionally, I am coming away with a deeper appreciation for mentorship and lifelong learning. It is so inspiring to work with people who are always committed to learning or teaching something new.

Q: Last but not least, what kind of law are you most drawn to practicing at this time in your legal studies?
A: Right now, I am most interested in mass torts, commercial and environmental litigation, and appellate practice.

Thank you for joining our community this summer and contributing to our work, Mackenzie! #summerassociate #summer #wvucollegeoflaw #wvu #thankyou #community

BG Summer Associate Spotlight: George Jacobs II

Bailey Glasser appreciates the burgeoning legal talent that we have with us this summer. Today’s Summer Associate Spotlight focuses on George Jacobs, a rising 2L at West Virginia University College of Law. George’s additional studies at WVU included not only obtaining a BA in International/Global Studies, but also receiving a Master of Arts in History where his thesis was entitled: “Levantine Immigration and Community Building in Charleston, West Virginia, 1900-1930.”

We hope you enjoy this Q&A with George:

Q: What’s your favorite quote that inspires you?
A: My favorite quote is from Albert Camus: “In the midst of winter, I found there was, within me, an invincible summer.”

Q: If stranded on a desert island, what would you bring with you for entertainment?
A: If I was stranded on a desert island, I’d bring “Blood Meridian” by Cormac McCarthy to read, “The Lighthouse” to watch, and “Con Todo El Mundo” by Khruangbin to listen to. Some media about surviving in the wild might be more helpful, but at least I’ll be entertained.

Q: What is something that you’ve learned while you’ve been at BG this summer?
A: Every day with BG is an opportunity to learn something new. I’ve learned firsthand how experienced attorneys handle important depositions and prepare a case for trial. I’ve also received numerous opportunities to draft motions and complete interesting research projects. I thank everyone at BG for trusting me with difficult and exciting assignments, and for fostering a learning environment that has exceeded my expectations.

Q: Last but not least, what kind of law are you most drawn to practicing at this time in your legal studies?
A: The areas of law I am most drawn to at this point are commercial and environmental litigation, class actions/mass torts, labor and employment, and appellate advocacy.

Thank you for joining our community this summer and contributing to our work, George! #summerassociate #summer #wvucollegeoflaw #wvu #thankyou #community

Federal Appeals Court Reinforces Protection for Worker Class Action Rights in ESOP Action

Bailey Glasser’s ERISA litigation team won another victory before the U.S. Court of Appeals for the Second Circuit, which declined to reconsider a May 2024 ruling that an employee stock ownership plan trustee and selling shareholders in a stock sale to the plan can’t compel individual arbitration of a representative action on behalf of the plan accusing them of overcharging the plan, rejecting the trustee’s argument that the panel unfairly displayed “hostility to arbitration.”

In an order filed on July 9, the Second Circuit rejected Argent Trust Co.’s petition for panel rehearing or rehearing en banc, doubling down on its divided May 1 opinion that found allowing arbitration would have prevented a plan participant from seeking plan-wide remedies authorized by federal benefits law.

The case involves a proposed class of employees seeking relief under federal ERISA law. This decision addressed one of the most important issues in employee benefits litigation today: whether ERISA plan sponsors can force employees to waive plan-wide relief in favor of individualized arbitration, thereby gutting participants’ ability to enforce the core private right of action ERISA affords. This repeated victory for participant rights follows a victory by BG’s ERISA litigation team on the same issue before the Third Circuit in June 2023.

The Court’s May 2024 opinion backed the Southern District of New York’s November 2021 order denying a motion to compel arbitration of an ESOP participant’s suit alleging mismanagement by Argent, which served as trustee to debt relief company Strategic Financial Solutions’ ESOP, and the selling shareholders and their trusts.

The Bailey Glasser team in this matter is comprised of partner and Practice Group Leader Gregory Porter and partner Ryan Jenny, both in Bailey Glasser’s Washington, D.C. office. Co-counsel in this case is Tillman J. Breckenridge, Peter K. Stris, Rachana A. Pathak, and John Stokes of Stris & Maher LLP.

To learn more about our award-winning ERISA practice – including our 2025 nationwide Chambers & Partners ranking, visit this link: https://www.baileyglasser.com/services-erisa-employee-benefits-and-trust-litigation

The case is Dejesus Cedeno v. Argent Trust Co., docket number 21-2891, U.S. Court of Appeals for the Second Circuit.

For more, read this Law 360 article: https://www.law360.com/articles/1856532?e_id=e710f5b1-e0ec-4910-bc7f-0d1e404a2625&utm_source=engagement-alerts&utm_medium=email&utm_campaign=similar_articles?copied=1

Meet BG Summer Associate Cameron Adkins, Harvard Law 2L

Bailey Glasser has an exceptional group of summer associates with us this year. Today we are spotlighting Cameron Adkins, a rising 2L at Harvard Law. Originally from Logan County, West Virginia, Cameron graduated from Columbia University with a major in political science before he headed to Harvard Law. Please enjoy this Q&A with Cameron:

Q: What is your favorite inspirational quote?
A: My favorite quote is from “The Power of Persistence” by Calvin Coolidge: “Nothing in this world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan ‘Press On!’ has solved and always will solve the problems of the human race.”

Q: If stranded on a desert island, what books, music, and films would you take with you?
A: You’d find me reading Homer’s “Iliad” and “Odyssey,” and “Man’s Search for Meaning” by Viktor Frankl. I’d be listening to “Purgatory” by Tyler Childers, and I’d be watching “Dead Poets Society,” “Interstellar,” and “Good Will Hunting.”

Q: What is something you’ve learned while with BG and what kind of law are you currently most interested in?
A: On reflecting on my journey here at BG, I’ve gained a wealth of knowledge about the law, legal writing, our legal system, and what it takes to be an exceptional litigator. Right now I’m very interested in pursuing class action/mass tort and product liability law, as well as appellate litigation.

Cameron, thank you so much for joining us this summer and for becoming part of our Bailey Glasser community.

Federal Court Approves Title IX Class Action Settlement With University of Central Oklahoma

Senior U.S. District Court Judge Joe Heaton approved a class action settlement yesterday that requires the University of Central Oklahoma (UCO) to provide female student-athletes with equal treatment and opportunities, hire an outside expert to conduct a review of its intercollegiate athletic program, and develop and implement a Gender Equity Plan to bring the entire program into compliance with Title IX. The settlement also provides UCO’s women’s varsity indoor track and field, outdoor track and field, and cross country teams with specific relief starting in 2024-25, including equipment, supplies, transportation, publicity, and practice schedules equal to those provided to men’s varsity teams; access to college-level practice facilities; and the ability to host at least one home competition every year. And it prohibits UCO from retaliating against any of its female student-athletes in violation of Title IX.

The settlement resolves a Title IX class action filed against UCO in 2022 by Tatum Robertson and Eve Brennan, two members of the women’s varsity track & field teams, for discriminating against its female student-athletes. Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex discrimination by any educational institution receiving federal funds.

The women’s indoor track & field, outdoor track & field, and cross-country teams at UCO—unlike any men’s teams—were provided no locker room, no competitive facility, and required to practice at a local middle school. When they complained about the unequal treatment they and other women athletes received, UCO fired their head coach.

“This lawsuit should not have been necessary,” said plaintiff and class representative Tatum Robertson. “We are delighted that UCO is finally going to stop discriminating against its women athletes and give them the equal treatment, benefits, and opportunities the law requires.”

“UCO has now agreed to everything we wanted from the start,” said plaintiff and class representative Eve Brennan. “That it took two years is particularly disturbing because Title IX has been the law for 52 years. But now UCO’s sex discrimination is going to stop.”

“We applaud the plaintiffs for fighting not only for themselves, but for all female student-athletes at UCO,” said plaintiffs’ counsel Lori Bullock of Bailey & Glasser, LLP. “We are honored to represent women who are willing to stand up to their universities and demand equality.”

To read more, click this link.

Lori Bullock, Katherine Charonko, and Joshua Hammack Named to 2024 Lawdragon X – The Next Generation List

Bailey Glasser partners Lori A. Bullock, Katherine Charonko, and Joshua I. Hammack have been named to Lawdragon’s 2024 500 X – The Next Generation guide. This recognition acknowledges the achievements of the top 500 lawyers who have vaulted to the forefront of the legal profession. This Lawdragon recognition is prestigious as the 500 lawyers included were selected through a process of “select[ing] members of this guide through our time-honed process of submissions, independent research and vetting with friends and foes.”

Lori Bullock is an impactful litigator, handling challenging cases across several litigation areas, including Title IX athletics, labor and employment, sexual harassment, disability discrimination, education law, and civil rights, and is the managing partner of BG’s Des Moines, Iowa office. Lori has won ground-breaking Title IX settlements for student-athletes at nine U.S. colleges and universities for violating the federal civil rights law prohibiting sex discrimination at educational institutions receiving federal funds, including appeals to federal circuit court and the Supreme Court included in this submission. She was also part of the team that won the $5 million judgment against “MyPillow’s” Mike Lindell related to false claims made about the 2020 election.

Katherine Charonko is a litigator and head of the firm’s sophisticated and cutting-edge ESI group where she oversees e-discovery in complex disputes involving billions of documents and ensures proper collection, production, and review of electronic data. Kate holds the global Certified e-Discovery Specialist (CEDS) credential, a global recognition that assures clients and co-counsel that our approaches are compliant, efficient, cost-effective, and reduces risk in all phases of e-Discovery. In addition, Kate is a key part of the firm’s multidistrict litigation (MDL) teams, which concentrate largely on automotive and medical device product liability actions. She serves as liaison director of e-Discovery and ESI on several MDL leadership committees nationwide and has worked on landmark MDL matters including some of the largest vehicle defect litigations in history, including the Volkswagen emissions case, and many more. Indeed, Kate was recognized for her product liability work in this year’s Chambers & Partners accolades in the nationwide plaintiffs category, among other recognitions.

Joshua Hammack handles complicated matters from their inception through appeal. He has briefed and argued appeals in state and federal courts across the country for a host of substantive legal areas, including Title IX, the Commerce Clause, contract interpretation, deed construction, statutes of limitation, and the Video Privacy Protection Act. He has briefed multiple issues to the Supreme Court of the United States. In just the last eight months, he has argued before the Second, Sixth, and Ninth Circuits, as well as intermediate appellate courts in West Virginia and New York. Members of the firm regularly gather to watch or listen to his oral arguments, and he also hosts an annual training session on brief writing for lawyers at the firm.

To learn more about the 2024 LDX500 guide, visit: https://www.lawdragon.com/guides/2024-06-28-the-2024-lawdragon-500-x-the-next-generation

National Cancer Survivor Month – Partner Sharon Iskra’s Survivor Story

Authored by Sharon F. Iskra, Partner and Institutional Abuse & Neglect Team Leader:

A cancer diagnosis is a devastating shock to anyone. Not to be dramatic, but a second cancer diagnosis (despite you doing everything “right” the first time) makes you feel like you are marked for certain and impending death. I was helped through both of these by family, friends, and faith. I was also uniquely strengthened by a stranger who took the time to tell me, boldly and honestly, all the real details of her own cancer story. I will never forget how comforting it was to speak with one who had been there, lived that, and who just sitting across the table from me was living proof that one can thrive during and on the other side of cancer treatments. That’s the person I want to be for anyone facing a cancer diagnosis today.

I was first diagnosed with breast cancer in 2007. I had surgery and several rounds of radiation and chemotherapy. All my hair fell out and my white blood cell count dropped to levels that provoked serious concern among my doctors – but we thought, if it’s killing everything else, the treatment has got to be working. I ate right, rested/isolated/sanitized, exercised, etc. Despite all that, and while still on my meds, two years later I found another lump. It looked so uncharacteristic of cancer that my surgeon took it out under local anesthesia. I remember her reassuring me even as I was lying on the op table that it didn’t look like anything. We were both surprised when that proved wrong.

More treatment. More tough choices and a series of complications. In all, a total of six surgeries. Sitting on the couch saying, “I just want my normal back. I want to go somewhere where this isn’t my life.” I had vivid dreams of running through open fields and down desert roads to a horizon where this wasn’t my reality, even just for a weekend.

Lessons learned about obstacles like these: you can’t get around them, you can only go through them. Each of us is given a container with our numbered days, but no one knows the size of his/her container. Your only choice is how you respond to the obstacle and live out the given days. But you’re also far more capable and resilient than you imagined, and you’re not alone: the path you’re on has been trod by fellow survivors like me, who have long celebrated our return of abundant hair. Better yet, I’ve returned to thriving in my niche law practice, in fitness, and community service. I no longer desperately seek an elusive horizon; the cancer lives quietly now in my rearview where I only glance at it when I choose.

May it be so for you. I’ll sit across the table from you if you need me. And I hope you will be someone’s inspiring stranger and burden bearer one day.
————–
Partner Sharon Iskra is the leader of the Bailey Glasser’s Institutional Abuse & Neglect team and is a nationally recognized advocate and voice for the vulnerable. She litigates cases for children, individuals with special needs, and others who have been abused, neglected, or exploited in institutions such as group homes, rehabilitation centers, universities, hotels, foster care facilities, and other settings. In addition to her professional advocacy, Sharon’s personal passion for serving is also unique: in 2004, she paused her successful legal career for nine years to direct children’s and urban ministries at a local church. In addition to her caseload and CASA work, Sharon has served on missions to orphanages in Haiti and Africa in 2014, 2016, and 2019. She plans to continue her lifestyle of personal and professional missions effecting positive change at home and abroad for many years to come.

Learn more about Sharon’s advocacy here.

#Cancersurvivormonth #breastcancer #survivorstory

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