Author: Bailey Glasser

BG Supreme Court Case Receives National Press Coverage

Partner Joshua I. Hammack made his debut at the Supreme Court of the United States on October 14, 2026.

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On October 14, partner Joshua I. Hammack made his debut at the Supreme Court of the United States. He presented oral argument in Salazar v. Paramount Global, a closely watched case concerning the scope of the federal Video Privacy Protection Act (VPPA). He argued against veteran Supreme Court litigator Paul Clement.

The case involves the disclosure by Paramount (now Skydance) of Mr. Salazar’s video-watching history to Facebook without his consent. Mr. Salazar sued, alleging Paramount’s conduct violated the VPPA. But both lower courts held Mr. Salazar was not a statutory “consumer” because he subscribed only to Paramount’s online newsletter, and not to its audiovisual goods or services. As a result, both lower courts dismissed his VPPA claim.

Bailey Glasser’s appellate team has been litigating this question across the country for years now. Mr. Hammack has argued the issue to the Second, Sixth, and D.C. Circuits. The Supreme Court’s ruling in this case will have significant implications for how streaming services and other platforms handle user data. And it will almost certainly affect the privacy rights of millions of Americans consumers.

To read more about the case and for a list of links, visit here.

Bloomberg Law Profiles Joshua I. Hammack on Supreme Court Argument Debut

Joshua is arguing his first case before the Supreme Court of the United States on Wednesday, October 14, 2026, in Salazar v. Paramount Global, a closely watched case concerning the scope of the federal Video Privacy Protection Act (VPPA). He will be arguing opposite veteran Supreme Court litigator Paul Clement.

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Bloomberg Law has published a profile of Bailey Glasser partner Joshua I. Hammack in an article by senior reporter Jorden Fisher: “Advocate Taps Underdog Nostalgia Ahead of Supreme Court Debut.”

Joshua is arguing his first case before the Supreme Court of the United States on Wednesday, October 14, 2026, in Salazar v. Paramount Global, a closely watched case concerning the scope of the federal Video Privacy Protection Act (VPPA). He will be arguing opposite veteran Supreme Court litigator Paul Clement.

As described by Bloomberg Law:

Joshua Hammack hasn’t shied away from his small town roots as he prepares to make his argument debut before the US Supreme Court.

The Bailey Glasser partner dipped into “Hoosiers,” the Indiana sports classic about a small town basketball team’s run to the state championships, in a petition on behalf of a sports newsletter subscriber.

They’re urging the justices to reconcile a circuit split over how the 1988 Video Privacy Protection Act should apply in the digital age in a case against Paramount Global, now Skydance Corp., to be heard Wednesday.

In the movie, Coach Normal Dale — played by Gene Hackman — worried that his players will be intimidated by the big city championship fieldhouse, has them measure the distance from the floor to the backboard, and the floor to the rim.

“The point is simple: The venue is different, the rules are not,” Hammack wrote in his client’s appeal of a lower court decision rejecting a proposed class action against the media giant.

The Huntington, West Virginia, native’s affinity for sports—particularly those of his own Indiana alma mater, the University of Notre Dame, and its legendary football program—is obvious. He spoke to Bloomberg Law via Zoom in front of a wall full of Notre Dame football memorabilia.

Read the full Bloomberg Law article at this link: https://news.bloomberglaw.com/us-law-week/advocate-taps-underdog-nostalgia-ahead-of-supreme-court-debut

Joshua handles complicated commercial litigation and appellate matters, with a particular focus on statutory interpretation, constitutional rights, product safety, insurance, contracts, and Title IX discrimination. In addition to this Supreme Court appeal, Joshua has handled federal appeals in the Second, Fourth, Fifth, Sixth, Eleventh, and District of Columbia United States Circuit Court of Appeals, and before numerous state appellate tribunals. Joshua’s work has been recognized by Benchmark Litigation, Lawdragon, and more.

In addition to Joshua, the team includes Michael L. Murphy, Nicholas S. Johnson, Michael Shenkman, Allison A. Bruff, and Hallie H. Arena, as well as paralegal support from Manny Rios.

EXCLUSIVE REPORT: BG Vaccine Case Profiled in Rolling Stone Magazine

“Take time to examine it, it all falls apart.”

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EXCLUSIVE: Rolling Stone has published an exclusive investigation by Katherine Eban into the national fight over childhood vaccines. Much of that fight is playing out in West Virginia, and the article highlights the work Bailey Glasser is doing on behalf of schoolchildren and everyone (including school professionals and families) who are affected by exposure to communicable diseases that vaccines can easily prevent.

Our firm represents the West Virginia Board of Education in litigation over the state’s school vaccination law. That law has stood since 1937 and for nearly 90 years has required students to be vaccinated to attend public school, with exemptions only for medical reasons. West Virginia has not had a measles outbreak since 1994, while neighboring states have struggled to contain recent outbreaks.

In 2025, the new West Virginia governor issued an executive order directing the state health department to grant religious exemptions. The Board of Education voted 9-0 to follow the law as written. Within weeks, the Board was sued by a legal team that has challenged vaccine requirements in states across the country. The case went to trial in Raleigh County last September.

Partner Christopher D. Smith, founding partner Benjamin L. Bailey, and litigator Denali Hedrick lead the Board’s defense. Rolling Stone follows Chris from that courtroom to the Supreme Court of Appeals of West Virginia, which has paused a lower court ruling against the Board. We are now awaiting a decision from the state’s highest court.

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Bailey Glasser Welcomes Robin Bleiweis to Consumer Litigation Practice Group

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Bailey Glasser warmly welcomes Robin Bleiweis to our Consumer Litigation Practice Group in Washington, D.C.

Robin represents people in matters involving debt collection, consumer finance, and deceptive and unfair business practices. She brings experience in civil rights and employment litigation, including work with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and experience representing federal employees in discrimination and whistleblower matters.

“What stands out about Robin is how much she cares about the people she represents and how dedicated she has been throughout her career and education to helping people,” said Jonathan R. Marshall, Practice Area Leader of the firm’s entire Contingency Practice Area and leader of its Consumer Litigation Practice Group. “We look forward to seeing the difference she will make to the clients our firm represents.”

Before joining Bailey Glasser, Robin was a Public Interest Fellow at a plaintiff-side class action firm, clerked at the U.S. Equal Employment Opportunity Commission, and worked as a research associate at the Center for American Progress.

Robin earned her J.D. with honors from the University of North Carolina School of Law, where she represented clients through the Civil Legal Assistance Clinic. She graduated magna cum laude from Wake Forest University with a bachelor’s degree in sociology and psychology.

Supreme Court Argument on Bailey Glasser ERISA Case Being Held October 6, 2026

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On October 6, the Supreme Court of the United States will be hearing our case Anderson v. Intel Corporation Investment Policy Committee et al., an important case involving how claims that fiduciary standards were breached in the selection of retirement plan investments must be pleaded.

This is the second time this case has reached the Supreme Court. In 2020, a unanimous court held that defendants must prove the plaintiff had actual, not constructive, knowledge of his claims for the three-year statute of limitations to apply. Intel Corp. Inv. Pol. Comm. v. Sulyma, 589 U.S. 178 (2020). The case is especially timely given the recent regulatory and legislative push to allow private equity, crypto and other exotic investments into 401(k) and traditional pension plans.

In January 2026, the Supreme Court of the United States granted the petition for certiorari filed by Bailey & Glasser, LLP and co-counsel on behalf of clients Winston Anderson and Christopher Sulyma in their ongoing case against the Intel Corporation and the plan fiduciaries responsible for investing Intel’s retirement plans. The plaintiffs allege that the defendants mismanaged retirement plan assets by stuffing target date funds and a “balanced fund” in the Intel plans with expensive, opaque, and esoteric private equity and hedge fund investments. These outlier investments caused Intel employees to lose hundreds of millions of dollars in retirement savings.

Gregory Porter, BG’s ERISA Practice Group Leader and leading co-counsel in this case, said, “This case presents a critical opportunity to clarify how courts evaluate fiduciary decision-making in complex retirement-plan investments, particularly as plans increasingly incorporate alternative and nontraditional assets.”

In addition to Greg Porter, the petition was filed by Bailey Glasser’s nationally recognized ERISA litigation team, which includes partners Mark Boyko and Ryan Jenny, as well as co-counsel from Gupta Wessler LLP and The Barton Firm LLP.

Read more here.