Author: Bailey Glasser

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.

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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:

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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.”

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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:

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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.

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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.