Category: Corporate Litigation

Bailey Glasser Awarded Top Rankings in Chambers USA 2023 and Achieves Nationwide Rankings in ERISA and Product Liability Litigation

Thank you to Chambers & Partners for our 2023 rankings, which includes two brand-new nationwide practice group rankings in the ERISA plaintiffs and Product Liability litigation categories. Having our lawyers and practice groups recognized by Chambers reflects how much we care about our clients and how hard we work to achieve successful outcomes for them.

We are grateful to all the clients and counsel (co-counsel as well as referring counsel) who took the time to participate in the process. Your time is valuable and we take that seriously. We appreciate you.

For a detailed overview of this year’s rankings, please visit here.

“Improvidently Granted”: Supremes Decline to Wade Into Attorney-Client Privilege Dispute

Katherine E. Charonko and Elizabeth L. Stryker

This past January 11, we wrote a blog post about the Supreme Court entertaining arguments on the scope of the attorney-client privilege in the context of dual-purpose communications paraphrasing a question from Justice Kagan during the argument to Petitioner’s counsel to comment on the adage, “If it ain’t broke, don’t fix it.”

Well, turns out the Supreme Court did not want to wade into that potential quagmire, and instead turned around and entirely dismissed the writ of certiorari granted in In re Grand Jury as “improvidently filed.” Accordingly, the Ninth Circuit’s opinion which had been appealed to the Supreme Court that had held the “primary purpose” test controls when assessing attorney-client privilege for dual-purpose communications remains in full effect. In re Grand Jury, 23 F.4th 1088 (9th Cir. 2021).This opinion is important reading for reasons other than the adoption of this test because the Ninth Circuit also discussed the disparate purposes of the attorney-client privilege and the work product protection doctrine and declined to adopt but did not fully reject the “a primary purpose” test. Continue reading ““Improvidently Granted”: Supremes Decline to Wade Into Attorney-Client Privilege Dispute”

“If It Ain’t Broke, Don’t Fix It” – SCOTUS Examines Expanding the Attorney-Client Privilege for Dual Purpose Communications

Katherine E. Charonko and Elizabeth L. Stryker

The Supreme Court is currently considering a case that could expand the scope of the attorney-client privilege in the context of dual-purpose communications – such as, in this case, communications made to a law firm that also prepares tax returns. The question before the Court is: what is the appropriate test to determine whether a communication involving both legal and non-legal advice is protected by the attorney-client privilege? This case, In re Grand Jury, concerns documents that the Petitioner, a law firm specializing in tax law, claims are privileged. Petitioner asserts that these allegedly privileged materials concern tax law issues that arise upon expatriation from the United States and include legal advice regarding determining ownership of cryptocurrency assets, appropriate methods for asset valuation, and tax filing strategies. The Petitioner law firm also prepared filings for the client, an early promoter of bitcoin, including a certification of compliance with expatriation tax requirements. Continue reading ““If It Ain’t Broke, Don’t Fix It” – SCOTUS Examines Expanding the Attorney-Client Privilege for Dual Purpose Communications”

Bailey Glasser Wins Multi-Million Dollar Jury Verdict

Bailey & Glasser, LLP won a unanimous jury verdict on behalf of Shonk Land Company on Friday, May 6, 2022. Our team proved that the Defendants in the case committed five separate breaches of Shonk’s contractual rights of first refusal. As a result of those verdicts, Shonk will be restored as the rightful owner of 16,000-plus acres of valuable oil & gas property. In addition, Bailey & Glasser, LLP proved that the Defendants committed an intentional trespass, slandered Shonk’s title, tortiously interfered with Shonk’s rights, and were thereby unjustly enriched. In all, and in addition to its 16,000-plus acres of land, the jury awarded Shonk over $4.1 million in damages.

The trial team was led by partner Nick Johnson and included seasoned and talented litigator Sallie Gilbert and paralegal Christy Robinson.

“On behalf of our firm and our client, we thank the jurors who sat attentively through this case, and we are humbled that they awarded our client everything to which it was entitled, including the long-awaited return of its own land,” said Nick Johnson. “Throughout the trial, we felt as though we exposed some egregiously bad and intentional conduct committed by Defendant Diversified Gas & Oil Corporation, and the jury’s verdict vindicates our view of what went on in this case.”

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