Author: Bailey Glasser

Bailey Glasser Welcomes Elazar Kosman to Delaware Office

Elazar represents business clients in complex corporate and commercial litigation and restructuring matters in the unique Delaware legal ecosystem.

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Bailey & Glasser, LLP (“Bailey Glasser”) warmly welcomes litigator Elazar Kosman to our national Commercial & Environmental Litigation Practice Group where he joins the firm’s Best Law Firms®-ranked Wilmington, Delaware office working alongside Delaware managing partner David Felice, who is a Best Lawyers®-ranked litigator and certified neutral arbitrator with the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR).

Elazar represents business clients in complex corporate and commercial litigation and restructuring matters, including litigating fraud and corporate governance disputes before Delaware state and federal courts, with a particular emphasis on the Delaware Court of Chancery. He also has bankruptcy and restructuring experience, representing debtors, creditors’ committees, trustees, and other stakeholders in chapter 11 proceedings.

David Felice commented: “With more than 60 percent of Fortune 500 companies incorporated in Delaware, many consequential commercial disputes are litigated before Delaware courts. Elazar’s lawyering skills, in addition to his commitment to our clients, is a valuable combination. We are glad he is here to be of service to our many kinds of clients navigating our unique Delaware legal ecosystem.”

Elazar earned his J.D. from Georgetown University Law Center and holds a B.A. from the Talmudic College of South Florida.

BG Files Title IX Lawsuit Against Marshall University

Bailey Glasser Seeks to preserve all women’s teams as the case proceeds in federal court.

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Members of the Marshall University women’s swimming and diving team filed a class action lawsuit against the school and its Board of Governors for violating their civil rights under Title IX, which prohibits sex discrimination in all educational institutions that receive federal funds. The plaintiffs have also asked the court to issue a temporary restraining order and a preliminary injunction to prevent Marshall from eliminating any women’s team, including the swimming and diving team, while the court considers the merits of their claim.

We represent fifteen members of the women’s swimming and diving team. The litigation team is led by partners Cary Joshi and Joshua I. Hammack and includes lawyers Savanna Jones and Gabrielle Marcum. The lawsuit, Dodd v. Marshall University, was filed yesterday in the U.S. District Court for the Southern District of West Virginia.

As set forth in the Complaint, the plaintiffs allege Marshall has violated Title IX by discriminating against women concerning athletic participation opportunities. An independent audit of Marshall’s Title IX compliance situation, done in October 2025, found that Marshall shortchanged women by 210, 250, and 160 participation opportunities in the most recent three academic years. Other publicly available information confirms similar gaps going back even further. Against these substantial and longstanding participation gaps, Marshall chose to eliminate the women’s swimming and diving team, which will make the participation gap even wider.

“This is not an especially close case,” said Joshua I. Hammack. “For years, Marshall has failed to offer women equal opportunities to participate in varsity sports. And now the school seeks to cut a women’s team. The brave women on the swimming and diving team want nothing more—but also nothing less—than the equality Title IX demands.”

Read more here.

Katherine Charonko Named a 2026 Lawdragon 100 Leading AI & Legal Tech Advisor

Kate Charonko, Bailey & Glasser, LLP’s Electronically Stored Information & Technology Practice Group Leader, has been named to the 2026 Lawdragon 100 Leading AI & Legal Tech Advisors list.

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Katherine E. Charonko, Bailey & Glasser, LLP’s Electronically Stored Information & Technology Practice Group Leader, has been named to the 2026 Lawdragon 100 Leading AI & Legal Tech Advisors list.

Kate plays a central role in many of Bailey Glasser’s most consequential matters, including on litigation teams taking on the world’s most powerful corporations, including Johnson & Johnson, 3M, Volkswagen, Toyota, Bayer/Monsanto, and major medical device manufacturers. Her assistance is routinely sought by national trial teams, strengthened by her and Bailey Glasser’s strong reputation and her global Certified E-Discovery Specialist (CEDS) credential. Ms. Charonko has been appointed to numerous MDL leadership roles, serving as liaison director of e-Discovery and ESI, directing the management and review of billions of documents across multiple parties and jurisdictions. Across every dimension of her work, Kate stands out for her technical brilliance and unwavering commitment to the people she and Bailey Glasser serve.

Kate leads a team of talented litigators at Bailey Glasser whose focus is ensuring that the strategic use of ESI – and the timing related to when ESI strategies are deployed in pending or threatened litigation – positively impact the flow and cost of our legal proceedings and ensure matters are handled properly, that laws and regulations are properly complied with, and that privileges are protected. Learn more about Bailey Glasser’s ESI & Technology Practice Group here.

As a sought-after speaker and writer, Kate has presented at numerous conferences including the 2025 Trial Lawyers of Mass Torts Conference, HarrisMartin’s MDL and Talc Litigation Conferences, and Mass Torts Made Perfect, covering subjects ranging from ESI protocols and technology-assisted review to emerging issues like generative AI’s intellectual property implications. Kate speaks and writes regularly on legal technology topics, including about artificial intelligence. Read her most recent client alert, “It Depends: A Comparison of Recent Rulings Regarding AI Use and Privilege,” here.

Lawdragon named Kate a 2026 Lawdragon Top 500 Litigator in America, and she was named a 2026 winner of the Monica Bay Women of Legal Tech Award, an award given by ALM / Legaltech News. Kate is nationally ranked by Chambers & Partners in the Product Liability: Plaintiffs category, among other accolades.

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Client Alert: “It Depends: A Comparison of Recent Rulings Regarding AI Use and Privilege” by Katherine Charonko and Elizabeth Stryker

Two federal courts have issued rulings regarding whether a party’s use of generative AI tools were protected by the attorney-client privilege or work product doctrine. The answer is that “it depends.”

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About the Authors:

Katherine E. Charonko is Bailey Glasser’s Electronically Stored Information & Technology Practice Group Leader who she provides strategic guidance in some of the nation’s most complex and consequential litigation and is part of national trial teams in state and federal courts across the country. Ms. Charonko is nationally ranked in the Chambers USA, USA Nationwide-Product Liability: Plaintiffs category and was named a 2026 Lawdragon 500 Leading Litigator in America. She was also named a 2026 winner of the Legaltech / ALM 2026 Monica Bay Women of Legal Tech Award.

Elizabeth L. Stryker is a litigator and member of the firm’s ESI & Technology Practice Group. Ms. Stryker was named a 2025 Lawdragon 500 X – The Next Generation as well as a Best Lawyers’ Ones to Watch, among other recognitions.

Two federal courts have issued rulings regarding whether a party’s use of generative AI tools were protected by the attorney-client privilege or work product doctrine.The answer, as attorneys are all too familiar with, is that it depends.

In February 2026, two courts reached different conclusions, with one (in United States v. Heppner, 25 Cr. 503 (JSR), 2026 WL 436479 (S.D.N.Y. Feb. 17, 2026)) finding that a defendant’s use of an AI tool was not privileged or protected, and another (in Warner v. Gilbarco, Case No. 2:24-cv-12333, 2026 WL 373043 (E.D. Mich. Feb. 10, 2026)) determining that a pro se litigant’s use of AI tools was protected by the attorney-client privilege and work product doctrine.

In the Second Circuit, a client’s use of generative AI tools to seek legal advice without direction from his counsel is likely not protected by the attorney-client privilege or work product doctrine. In Heppner, the court analyzed the attorney-client privilege in the context of the defendant’s use of AI tools to seek advice regarding a pending criminal investigation and found that the privilege did not apply for several reasons. The court opined that because the AI tool is not an attorney, then that alone disposed of his privilege claim. Heppner, 2026 WL 436479, at *2. Next, the Heppner court determined that the communications were not private and, therefore, not privileged. The court was persuaded by the AI platform’s privacy policy and found that the defendant had no reasonable expectation that his prompts to the AI tool would remain private. Id. at *3. Finally, the court examined the defendant’s actions and determined that he did not use the AI tool for the purpose of obtaining legal advice. Id.

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BG Lawyers Named to 2026 Lawdragon 500 Leading Plaintiff Consumer Lawyers List

Ten Bailey Glasser lawyers were named to this year’s list.

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Bailey Glasser partners Brian A. Glasser, John W. Barrett, Katherine E. Charonko, Joshua I. Hammack, James L. Kauffman, Patricia Mulvoy Kipnis, Jonathan R. Marshall, D. Todd Mathews, Michael L. Murphy, and David L. Selby II were named to the 2026 Lawdragon 500 Leading Plaintiff Consumer Lawyers list.

As Lawdragon stated in announcing the 2026 list:

This is the 8th edition of our guide to the lawyers who will fight for you when life delivers its harshest blows. They are the advocates who can win the medical care, insurance benefits and other compensation that can help to compensate for tragedy . . . .They and their fellow honorees inspire us, reminding us there are professionals who will fight for you when all seems lost. Who will take a stand against abuse, and seek changes that create a better future.

Learn more about their important work by following this link.