Author: Bailey Glasser

Bailey Glasser Recognized in 2025 Edition of Benchmark Litigation

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Bailey Glasser lawyers have been recognized in Benchmark Litigation’s 2025 “Definitive Guide to America’s Leading Law Firms and Attorneys.” Congratulations to partners Ben Bailey, Brian Glasser, Greg Haddad, Jonathan Marshall, Eric Snyder, Stephen Sorensen, Benjamin Schwartzman, and Brian Swiger for being recognized for their litigation excellence.

Founding partner Brian Glasser is also honored as one of the nation’s Top 100 Trial Lawyers.

The firm appreciates being ranked “Highly Recommended” in West Virginia, where Bailey Glasser was founded in 1999.

This year marks our 25th anniversary, and we’re grateful to our clients who, for all these years, have trusted us with their high-stakes litigation and corporate matters. We appreciate Benchmark Litigation and everyone who participated in the 2025 selection process and warmly congratulate all lawyers across the country who have received this recognition.

Learn more about Bailey Glasser’s 2025 Benchmark Litigation recognitions here.

BG Team Secures Slam Dunk Victory at Second Circuit Against NBA

BG team dunks on NBA.

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BG partners Joshua Hammack and Michael Murphy secured an important and precedent-setting appellate victory for consumer privacy yesterday. The law at issue—the federal Video Privacy Protection Act—was intended to prevent certain companies from disclosing consumers’ video-watching preferences. And the law broadly protects “consumers,” which it defines to include “any renter[s], purchaser[s], or subscriber[s] of goods or services from a video tape service provider.” But, in August 2023, a district court in the Southern District of New York dismissed Mr. Salazar’s complaint alleging the NBA violated the VPPA by sharing his video-watching history with Facebook without his consent. It reasoned he was not a “consumer” because he subscribed only to the NBA’s online newsletter, and not to any of its audio-visual goods or services.

The Second Circuit flatly rejected this analysis. It held: “The phrase ‘goods or services’ in the VPPA is not cabined to audiovisual goods or services, but also reaches the NBA’s online newsletter.” Indeed, the term “consumer” “should be understood to encompass a renter, purchaser, or subscriber of any of the provider’s ‘goods or services’—audiovisual or not.” Because Mr. Salazar had alleged he subscribed to the newsletter, then, he was a statutory consumer entitled to the VPPA’s privacy protections.

Joshua Hammack, lead appellate counsel who argued the appeal, had this to say: “We’re pleased the Second Circuit smacked the NBA’s arguments off the backboard. The opinion boils down to this: The VPPA says what it says, and the district court’s attempt to rewrite it was improper.” Michael Murphy added: “Not much more to say than it’s a slam dunk for consumer privacy.”

Bailey Glasser’s litigators have been fighting to protect consumers in privacy law cases like this one. Our lawyers are nationally recognized for their work, including Mr. Murphy’s Band One Chambers & Partners ranking for his D.C. litigation practice, and Mr. Hammack has been recognized by Lawdragon as a 500 X – The Next Generation for his commercial litigation and appellate work, and as a Benchmark Litigation, U.S. 2024 Benchmark 40 & Under Litigator in Washington, D.C.

For more about the win, please visit this link.

BG Wins Complex Lease and Mining Dispute

BG Team reduces damage award to just one dollar.

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A Bailey Glasser litigation team shaved a multimillion-dollar claim to only $1.00 on behalf of our clients Blackhawk Land and Resources LLC and Rockwell Mining, LLC in federal court.

The matter involved a lease first executed in 1937 and a dispute that arose in 2020 related to credit agreements pledging the 1937 Lease as collateral. Ultimately, after several years of intense litigation including two rounds of summary judgment briefing, the federal court found that Poca deserved only $1.00 in nominal damages.

Specifically, the Court held, among numerous findings, that monetary damages were not appropriate because Poca Land actually benefitted from the Merger at issue and that no legal damages were suffered because Plaintiffs filed documents with the appropriate clerks’ offices stating that the mortgages did not place an encumbrance on the 1937 Lease. In light of these holdings, the Court held that the only remedy available to Poca Land was nominal damages in the amount of $1.00.

The Bailey Glasser litigation team was led by founding partner Brian A. Glasser, and included partners Ben Schwartzman, Jennifer Fahey, Thanos Basdekis, Of Counsel The Hon. Thomas Bennett, and associate Laura Babiak.

Nick Johnson to Lead Session During NBI CLE on “Resolving Boundary Disputes in Virginia”

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Nick Johnson, Bailey Glasser’s Corporate, Commercial Litigation, and Criminal Practice Area Leader, will be speaking at NBI’s CLE Webinar on “Resolving Boundary Disputes in Virginia” on Wednesday, October 9th. Nick will lead the session titled, “Oil, Gas, and Mineral Rights Disputes: Employing the Top Methods,” sharing his invaluable experience in complex mineral development and boundary resolution.

With a practice spanning high-stakes litigation over agreements like mineral development, financial derivatives, and partnership contracts, Nick also advises energy clients on complex environmental, reclamation, and permitting compliance issues.

Nick’s most recent victory includes a major win for interstate commerce and constitutional law, where his team secured a summary judgment for Foresight Coal Sales, declaring Kentucky’s SB 257 unconstitutional and enjoining the Public Service Commission from enforcing the law—an important step forward in Foresight’s long-standing battle against discriminatory practices in interstate commerce.

To learn more and register for the event, visit here.

For more information on Nick Johnson, visit here.

BG ERISA Team Protects Retirees From Boilerplate Arbitration Demand

Bailey Glasser’s ERISA litigation team scored a victory for retirement plan savers Monday, when U.S. District Court Judge Steven Grimberg rejected efforts by fiduciaries to The North Highland Company Employee Stock Ownership (ESOP) and 401(k) Plan to require its former employees to arbitrate claims related to the company ESOP.

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Bailey Glasser’s ERISA litigation team scored a victory for retirement plan savers Monday, when U.S. District Court Judge Steven Grimberg rejected efforts by fiduciaries to The North Highland Company Employee Stock Ownership (ESOP) and 401(k) Plan to require its former employees to arbitrate claims related to the company ESOP.

 

The case hinged on the “effective vindication doctrine”, the idea that the Plan’s arbitration provision barred Plan-wide relief and, therefore, is unenforceable because it takes away rights and remedies available under the governing federal law, the Employee Retirement Income Security Act (ERISA). Plaintiffs allege improper dilution of the ESOP’s ownership interest in North Highland in order to give increasing ownership to certain North Highland executives and the subsequent undervaluing of the ESOP’s stock in a 2021 transaction in which the ESOP’s diluted shares were sold.

 

Plaintiffs are represented by Greg Porter, head of Bailey Glasser’s ERISA group, as well as Bailey Glasser attorneys Mark Boyko, Ryan Jenny, and Laura Babiak.

 

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