Author: Bailey Glasser

Tad Duree Authors Litigation Funding Article for ABA Law Practice Today

Third-party litigation funding has transformed how law firms finance cases—but it comes with serious ethical considerations that aren’t always clear or obvious.

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Third-party litigation funding has transformed how law firms finance cases—but it comes with serious ethical considerations that aren’t always clear or obvious. Bailey Glasser partner Tad Duree authored an article for the American Bar Association Law Practice Today about what lawyers need to know about attorney independence, client confidentiality, and navigating litigation funding agreements.

Read it here.

Bailey Glasser Heads Back to Supreme Court for Intel ERISA Appeal

The plaintiffs allege that the defendants mismanaged retirement plan assets by stuffing target date funds 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.

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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 Intel fiduciaries responsible for investing Intel’s retirement plans. The plaintiffs allege that the defendants mismanaged retirement plan assets by stuffing target date funds 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.

Plaintiffs, long-time Intel employees and participants in the company’s retirement plans, allege that Intel’s plan fiduciaries violated their duties of prudence and loyalty under the Employee Retirement Income Security Act of 1974 (ERISA). The complaint contends that the fiduciaries invested billions of dollars of plan assets in unproven, high-risk, and illiquid alternative investments, such as hedge funds and private equity, through custom target-date and multi-asset funds, exposing participants to unnecessary risk and underperformance relative to traditional retirement investment options.

The U.S. District Court for the Northern District of California dismissed the case, holding that the complaint did not plausibly allege imprudence or disloyalty because it failed to identify “meaningful benchmarks” for comparing the Intel funds’ performance. In May 2025, the U.S. Court of Appeals for the Ninth Circuit affirmed, concluding that ERISA plaintiffs must identify comparator funds with similar objectives, risks, and rewards to support claims of imprudent investment even when no such benchmark exists because no similarly-situated fiduciaries embarked on such reckless conduct.

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Bailey Glasser Defeats Occidental Petroleum’s Motions to Dismiss Toxic Tort Lawsuit

Our team is fighting on behalf of two clients poisoned by toxic clouds of incinerated chemical-laden wastewater in Petrolia, Pennsylvania.

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On behalf of two clients poisoned by toxic clouds of incinerated chemical-laden wastewater in Petrolia, Pennsylvania, Bailey & Glasser, LLP (“Bailey Glasser”) successfully defeated two Motions to Dismiss (in Pennsylvania these motions are called “demurrers”) in a lawsuit pending in Butler County, Pennsylvania. The matter will now proceed to discovery.

The litigation team in this case is led by partner Michael “Mickey” Robb, partner Travis A. Prince, and associate Timothy Leckenby. The defendants in the case include Beazer USA, INDSPEC Chemical Corporation, Koppers, Inc., Interstate Chemical Company, Occidental Chemical Corporation, and Occidental Petroleum Corporation, and others.

The facts of this case are as follows:

The Petrolia Chemical Plant (owned by the Occidental Chemical Corporation) was one of the biggest manufacturers of resorcinol until 2017. The biggest use of resorcinol is in the rubber and tire industry as an adhesive to bond rubber to steel. The plant manufactured approximately 50 million pounds of resorcinol every year.

To create resorcinol, the plant generated million of gallons of wastewater every year which was collected and incinerated in a high pressure reactor. Because various chemicals, salts, and chlorides were in each batch of wastewater it incinerated, the process created dangerous toxins in the form of dioxins and dibenzofurans to exit the reactor’s smoke stack which ironically is lower in height than almost all of the homes that surround the plant in the small, industrial town.

To read the Amended Complaint and learn more, please visit this link.

Bailey Glasser Named to Benchmark Litigation’s US Awards Shortlist

Following our recognition as Benchmark Litigation’s 2025 West Virginia Firm of the Year, we’re honored by the continued acknowledgment of the exceptional work being done by our dedicated litigators.

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Bailey & Glasser, LLP has been named to Benchmark Litigation’s US Awards Shortlist for 2026.

Following our 2025 recognition as Benchmark Litigation’s 2025 West Virginia Firm of the Year and Brian Glasser being a named finalist in Benchmark Litigation’s 2025 nationwide “Trial Lawyer of the Year” category, we’re honored by the continued acknowledgment of the exceptional work being done by our dedicated litigators.

As stated by Benchmark Litigation in announcing the nominees: “These awards recognize the country’s most distinguished litigators and their firms for their exemplary work over the past twelve months.”

Benchmark Litigation provides comprehensive coverage of the U.S. litigation market, with rankings based on extensive interviews with litigators, dispute resolution specialists, and their clients. As noted by Benchmark Litigation in announcing the 2025 winners: “After months of peer review-based research and submission reviews, the Benchmark team set out to uncover the most impactful cases, the lawyers and law firms behind them, and the litigators who have paved the way. The awards ceremony honors both the nationally ranked litigators and law firms, as well as the locally ranked firms throughout the country.“

Read more here.

Brian Glasser Named a 2026 Lawdragon 500 Leading Lawyer in America

Brian Glasser has been named to Lawdragon’s 500 Leading Lawyers in America in recognition of his litigation and class action work. This recognition is Lawdragon’s flagship honor, and it highlights 500 lawyers whose work defined the most important legal matters of the prior year.

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Bailey & Glasser, LLP founding partner Brian A. Glasser has been named to Lawdragon’s 500 Leading Lawyers in America in recognition of his litigation and class action work.

This recognition is Lawdragon’s flagship honor, and it highlights 500 lawyers whose work defined the most important legal matters of the prior year. The list includes leaders in commercial litigation, class actions, M&A, white collar matters, capital markets, REITs, structured finance, securities litigation, employment law, international arbitration, corporate governance, antitrust, international trade, human rights, civil rights, insurance recovery, environmental law, technology, toxic torts, and more.

Lawdragon describes this year’s honor as follows:

This is our 21st year honoring the lawyers of now – those advocates who lead the way for clients, their communities, their firms. They are brilliant, impassioned and dedicated to the law and its practice.

That was tested as never before in the year that was – an unprecedented time of Executive Orders targeting some of the nation’s largest law firms and the livelihoods and talents of their lawyers. This guide is a celebration and tribute to the good that lawyers do, and it must be said that the skills and ability of lawyers to provide their services and for clients to hire those lawyers is fundamental . . . . We select the 500 through our blend of yearlong research, discussions with lawyers and your very robust nominations. Excellence is required, as, typically, is 15 years in law practice at the highest levels. From America’s first family of trucking litigation in Scranton, Penn., to the peaks of dealmaking in Manhattan, energy litigators and advisors in Houston and national security specialists in Washington, D.C., this 500 is robust with lawyers who inspire us and will shape the law for decades to come.

Read more here.