Litigator Elliott McGraw Elevated to Partner


Bailey Glasser is pleased to announce that Washington, D.C. litigator Elliott McGraw has been elevated to partner effective January 2024.

“Congratulations to Elliott on her much-deserved promotion to partner at Bailey Glasser,” said Cary Joshi, Commercial & Environmental Litigation Practice Group Leader. “Elliott’s tenacity and strategic skills as a litigator are exceptionally valuable to our clients as she handles some of our most complicated matters.”

Elliott is a member of the Commercial & Environmental Litigation Practice Group, where she focuses her practice on complex commercial disputes in state and federal courts across the country and represents institutional investors and asset managers, as both plaintiffs and defendants, in contract and tort-based claims arising from financial fraud, accounting malpractice, and corporate malfeasance. Elliott has an extensive privacy and data protection background and was named a Best Lawyers Ones to Watch in Privacy and Data Security Law in Washington, D.C. in 2024.

Elliott commented: “I love practicing law with Bailey Glasser and I’m very excited about the additional opportunities to contribute to this world class group of litigators and our fantastic clients as a partner.”

Bailey Glasser’s Commercial & Environmental Litigation practice has a proven track record of successfully handling national high-stakes litigation in state and federal courts and before arbitrators and mediators across the country. We represent businesses in many industries and of all sizes from Fortune 500 companies to family offices, individuals, governmental entities, government servants, and even other law firms call upon us to lead bet-the-company litigation and parachute into cases and appeals when our deep experience and resources are necessary.

Elliott is a vital team member in some of our most complex matters. Notably, she was a member of the Bailey Glasser team that served as co-lead trial counsel representing the Official Committee of Talc Plaintiffs in its high-profile challenge against Johnson & Johnson’s “Texas Two Step” bankruptcy ploy to offset the liability of 38,000 lawsuits related to the company’s alleged cancer-causing baby powder. She has also contributed her time to litigating cases on behalf of women athletes in Title IX sex discrimination cases against universities across the country. Elliott’s experience also includes advising organizational and individual clients navigating government or internal investigations and has represented clients in front of Congressional committees, including the 2019 Impeachment Inquiry into then-President Donald Trump.

To learn more about Elliott’s experience please visit this link.

ERISA Partner Mark Boyko Quoted in Law360 on 401(k) Forfeiture Case

Bailey Glasser partner Mark Boyko was quoted in the Law360 article, “3 Arguments, Hearing Benefits Attys Should Watch in Feb.,” commenting on the significance of a new theory of liability under ERISA against Clorox Co. in a California federal court. The case challenges the company’s use of 401(k) forfeitures, created when employees leave before fully vesting, to offset corporate contributions into the plan.

“The two main issues in the case involve the plaintiffs’ standing and industry practice of how to treat 401(k) plan forfeitures,” Mark said. “A decision for defendants on standing or for plaintiffs on the merits would have meaningful consequences that sweep beyond the case itself.” Read the full article here.

Mark is a pioneer in ERISA class action litigation and represents 401(k) plan participants alleging breach of fiduciary duties by their employers and has secured judgments and settlements in this area exceeding $500 million. Learn more about his experience here.

#ERISA #ClassActions #EmployeeBenefits #BaileyGlasser

BG Defeats Attempt to Dismiss Federal Class Action ESOP Lawsuit

Another win on behalf of protecting company employees’ hard-earned money: today, our ERISA team defeated a motion to dismiss that challenged a class action brought on behalf of a class of investors in the Churchill Holdings, Inc. Employee Stock Option Plan where we alleged that the trustees breached their fiduciary duties and engaged in prohibited transactions in violation of ERISA law.

The federal court in Arnold v. Parades (filed in the Middle District of Tennessee), rejected virtually every argument made by defendants. Judge Crenshaw held that the plaintiffs’ individual releases did not bar them from suing on behalf of their ESOP, that the plan’s class action waiver was unenforceable because it prevented effective vindication of statutory rights and violated ERISA’s anti-exculpatory provision, section 410, and that plaintiffs adequately alleged breaches of fiduciary duty and prohibited transactions. Plaintiffs are challenging the fair market value of the stock determination made by the trustee when it terminated the Churchill Holdings, Inc. ESOP.

The Bailey Glasser team includes partner and ERISA Practice Group Leader Greg Porter, partners Mark Boyko, Ryan Jenny, and Patrick Muench, and associate Laura Babiak. Our ERISA team is a leader in protecting ERISA and ESOP plans, and is ranked nationally by Chambers & Partners and Best Law Firms, with Greg Porter also being ranked Band One in ERISA Litigation, Mainly Plaintiffs – USA-Nationwide. For more about our ERISA work, please visit here.

To read the Court’s opinion, visit this link.

Federal Law Clerk Joins Morgantown, WV Office

Bailey & Glasser, LLP welcomes lawyer Gabrielle Marcum to our Morgantown, WV office. Gabrielle has joined our national Commercial & Environmental Litigation Practice Group, where she will represent a diverse range of business interests and industries – from solo entrepreneurs to multi-national corporations – in state and federal courts nationwide.

Gabrielle brings valuable courtroom and legal writing experience, having completed two prestigious federal court clerkships in the U.S. District Court for the Northern District of West Virginia.

As a West Virginia University College of Law graduate, Gabrielle was an Executive Editor of the WVU Law Review and President of the Women’s Leadership Council. She was also a student clinician in the Child and Family Advocacy Clinic, providing vital legal services to children and families of limited income in custody matters, education advocacy, and accessing healthcare resources.

Gabrielle returns to Bailey Glasser after previously serving as a summer associate at the firm in 2019 and we are excited to welcome her back to our Morgantown office.

Learn more about Gabrielle Marcum here.

#BaileyGlasser #CommercialLitigation #Welcome

Partner Jackalyn Olinger Rochelle Named 2024 LCLD Fellow

Bailey & Glasser, LLP is excited to announce that partner Jackalyn Olinger Rochelle has been named a 2024 Leadership Council on Legal Diversity (LCLD) Fellow. The year-long Fellows Program positions distinguished attorneys from diverse backgrounds for leadership positions within legal organizations through relationship building and executive coaching. Learn more about the LCLD Fellows Program here.

Ms. Rochelle is a litigator with over 17 years of experience and leadership representing individuals and families affected by asbestos-related diseases, catastrophic injuries or deaths, and defective products. She is equally dedicated to community advocacy and volunteers with various organizations to help protect the civil justice system and the vulnerable.

“The LCLD program supports Fellows Program participants to ascend and excel in positions of leadership within the legal profession to increase inclusiveness at all levels,” Ms. Rochelle said. “I am excited to connect with and learn from like-minded diverse professionals and am looking forward to bringing these resources back to Bailey Glasser.”

Read the full announcement here.

#LCLD #Diversity #DEI #BaileyGlasser

Pro Bono Focus: Liz Stryker and Husband Wes Prince Profiled in The West Virginia Lawyer

Bailey Glasser’s Elizabeth Stryker was featured in the most recent edition of West Virginia Lawyer along with her husband, Wes Prince of Shaffer Madia Law, to discuss their joint commitment to pro bono work.

Liz and Wes’ dedication to giving back began with their involvement in legal clinics while law students at West Virginia University College of Law. Liz began her legal pro bono work in the General Clinic, while Wes volunteered in the Child and Family Legal Clinic, where they both gained hands-on experience representing clients. Notably, Liz believes her work in the Legal Clinic gave her experience and the confidence to start practicing law.

“I still volunteer for pro bono opportunities like Tuesday Legal Connect because I like to think that my service is a way of paying West Virginians back for the support and education I received at the WVU College of Law,” Liz said. “I always leave the office with a smile on my face after [a volunteering] session because the callers are so grateful to talk to someone willing to listen.” “It’s a very refreshing experience to help someone feel heard and like [they matter].”

At Bailey Glasser, Liz is a member of the firm’s Personal Injury practice group where she represents victims and their family members whose lives have been impacted by severe or catastrophic injury or death, and she also litigates complex product liability matters. Liz is also a member of the Electronically Stored Information (ESI) practice group, which develops and assists with complex discovery and document review strategies across our firm. Learn more about Liz’s practice here.

Read the full West Virginia Lawyer article here: Pro Bono Focus – Liz Stryker and Wes Prince.

Op-Ed: “What Are We Waiting For? Legislators, Our Child Welfare System Needs Immediate Action.”

“We can’t just plug holes. We need to fix the foundation. Everyone says children are our priority, so what’s the plan?” Sharon Iskra, BG’s Institutional Abuse & Neglect team leader, co-authors this insightful and powerful op-ed about the state of West Virginia’s child welfare system with Kellie Caseman, Executive Director of Think Kids in West Virginia.

Some data: “In 2023 alone, the Bureau of Social Services’ Centralized Intake hotline received roughly 40,000 referrals. Our state now has the highest ratio of child victims in the country: 17 per 1,000 children, which is twice the national average. And, despite the pediatric population decreasing by 10,000 between 2017-2021, more kids entered West Virginia’s foster care system in 2021 than in the five years prior.”

To read this article, visit here.

To learn more about Sharon, follow this link.
To learn more about the firm’s Institutional Abuse & Neglect practice, visit here.

Federal Appeals Court Vacates District Court Decision in Fresno State Title IX Case, Opens Door for All-Female-Student-Athlete Class Action

In an important appellate victory for six former members of the women’s lacrosse team at Fresno State, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s orders denying class certification, paving the way for the lawsuit to continue on behalf of all female student-athletes at the university.

First filed in 2021, the lawsuit alleged Fresno State violated Title IX by depriving women of equal opportunities to participate in varsity athletics and equal treatment and benefits. In February 2022, the women sought certification as a class action on behalf of all female student-athletes and/or potential athletes at the school. However, the district court twice denied certification, finding an inherent conflict between athletes who played on different teams.

The Ninth Circuit disagreed, finding the lower court “clearly erred” by holding such a conflict exists as to the equal opportunities claim. The court reached a similar conclusion as to the equal treatment claim, holding the district court erred by failing to analyze it separately.

“Today, the Ninth Circuit opened a door the district court twice tried to slam shut. In a real sense, this order vindicates the brave young women who stood up and demanded that Fresno State provide what Title IX promises—equality,” said BG partner Joshua I. Hammack, who briefed and argued the appeal. “The court confirmed that those who seek equality are not in conflict with those who stand to benefit from it. The fight isn’t over, of course, but today is an important step toward justice.”

In addition to Hammack, the Plaintiffs are represented by lead counsel and Title IX team leader Arthur Bryant, and partners Cary Joshi and Lori Bullock of Bailey Glasser, and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.

To read the full press release and Ninth Circuit opinion, please visit here.

Partner Arthur Bryant Featured on the Legal Las Vegas Podcast

Bailey Glasser partner and Title IX team leader Arthur Bryant sat down with the Legal Las Vegas Podcast to discuss his impactful 43-year career in constitutional law, consumer protection, toxic torts, civil rights, class actions, and mass torts.

Arthur is the former Chairman and Executive Director of Public Justice, a national public interest law firm created by trial lawyers and supported by thousands of the top plaintiffs’ lawyers nationwide. While at Bailey Glasser, Arthur has continued his involvement in cutting-edge impact litigation, including his precedent-setting Title IX work, advocacy for those injured by Roundup products, and battles for those harmed by scam ads on Meta’s platforms.

You can enjoy the full podcast episode here.
#LegalLasVegas #TitleIX #baileyglasser

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