Partner Mark Boyko Quoted in Law360 on Significant Decision Denying Arbitration in Favor of ERISA Plaintiffs


Mark Boyko, partner and member of the Bailey Glasser ERISA practice group, was interviewed by Law360 on the biggest ERISA decisions so far in 2023. Boyko noted Harrison v. Envision Management Holding Inc. Board et al., a decision by the U.S. Court of Appeals for the Tenth Circuit, will have a far-reaching impact in protecting workers from abusive arbitration provisions designed to undermine their rights under ERISA.

In the interview with Law360, Mark Boyko said, “[The Tenth Circuit’s ruling] affirms the notion that a plan’s arbitration provision that waives a participant’s right to seek planwide relief is inconsistent with ERISA’s statutory right for that participant to obtain that same relief.” Boyko added that the decision “preserves the status quo by holding that the remedy limitation cannot be severed from the arbitration provision.”

The ruling has already been cited as ‘persuasive’ outside the Tenth Circuit, a sign of its importance in this developing area of law. #ERISA #Arbitration #ClassActions #BaileyGlasser

Read the full Law360 article here.

BG Team Led By Brian Glasser Helps Dismiss Improperly Filed Mass Tort Bankruptcy By 3M Subsidiary Aearo Technologies

In a win for injured soldiers, a federal judge on Friday dismissed the bankruptcy of 3M subsidiary Aearo Technologies, which was attempting to use its protections to permanently resolve 260,000 lawsuits alleging that 3M military earplugs caused hearing loss for veterans and U.S. service members. This new ruling upends 3M’s litigation strategy to resolve mass tort claims in bankruptcy, which would have circumvented the ability of plaintiffs to have their cases heard by a jury of their peers as guaranteed by the U.S. Constitution. Brian Glasser and Bailey & Glasser, LLP helped get this mass tort bankruptcy dismissed.

“The soldiers who used 3M earplugs deserve to the chance to hold 3M accountable before a jury of their peers,” said founding partner Brian Glasser. “3M and Aearo have no special right to put veterans in a bankruptcy box, and now can face these claims in front of juries around the nation.”

Additional Bailey Glasser lawyers working on this matter include partners Cary Joshi, David Selby, Katherine E. Charonko, and Todd Mathews.

For more information, please visit here.

Partner Larry Lederer Named to Lawdragon Top 500 Plaintiff Financial Lawyers for Fifth Straight Year

Bailey Glasser is delighted that Philadelphia partner Lawrence J. Lederer has once again been included on Lawdragon’s 2023 “500 Leading Plaintiff Financial Lawyers” list. This is the fifth straight year Larry has received this accolade, a testament to how much he cares about his clients, the hard work he puts into their cases, and the results he achieves on their behalf.

Larry has extensive experience litigating securities, commercial, and consumer class actions and other cases in federal and state courts throughout the United States. In the last year, he’s brought impactful litigations to help people who have had issues related to mortgage lending and finance, telemarketing, and PPP loans.

This recognition is especially prestigious as the 500 lawyers were selected through Lawdragon’s “well-honed methodology combining journalistic research, robust nominations and vetting with experts.” Larry, congratulations on this recognition!

Partners Kate Charonko and Sharon Iskra Speak at WVAJ Statewide Conference

Partners Katherine E. Charonko and Sharon Iskra spoke at the 65th Annual West Virginia Association for Justice Convention and Seminar on June 1-2nd in Charleston, WV. The WVAJ and its members are committed to protecting access to the West Virginia state and federal courts, the civil justice system, and the 7th Amendment right to a jury trial.

Kate Charonko, the head of our ESI & Technology practice group, was a panelist in the session titled “Electronic Information Technology: E-Discovery Planning, Data Collection, Production, Authentication, and Other Information to Get What You Need & Build Your Case.” Sharon Iskra, who heads Bailey Glasser’s Institutional Abuse & Neglect team was a panelist in the session titled “Human Rights Law: The Hot Topics and Trends You Need to Know.”

Happy Pride Month from BG

Happy Pride Month 2023 from our diverse community here at Bailey & Glasser, LLP.

“During Pride Month, we honor a movement that has grown stronger, more vibrant, and more inclusive with every passing year,” reads President Biden’s 2023 Presidential Proclamation. “Pride is a celebration of generations of LGBTQI+ people who have fought bravely to live openly and authentically. And it is a reminder that we still have generational work to do to ensure that everyone enjoys the full promise of equity, dignity, protection, and freedom.” For the full statement from President Biden, visit here.

Pride Month is currently celebrated in June to honor the 1969 Stonewall riots in New York City, where gay citizens fought back against the police who raided the Stonewall Inn. The police hauled employees and patrons from the bar, and the patrons and neighborhood residents fought back, resulting in six days of protests and violent clashes with law enforcement. The Stonewall Riots served as a catalyst for the gay rights movement in the United States and around the world.

According to the Library of Congress, Pride Month “celebrations include pride parades, picnics, parties, workshops, symposia and concerts, and LGBTQ Pride Month events attract millions of participants around the world. Memorials are held during this month for those members of the community who have been lost to hate crimes or HIV/AIDS. The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual and transgender individuals have had on history locally, nationally, and internationally.” For more information, visit here.

Throughout June, we’ll reflect on pivotal milestones in the struggle for LGBTQ+ equality. Tenacity, strength, and yes – pride – continues to be very necessary in these times. Pride Month is an important reminder of the sacrifices and courage of many LGBTQ+ trailblazers to the cause of equality and provides an occasion to reflect on their invaluable contributions to creating a more inclusive and just society for us all. #PrideMonth2023 #equality #loveislove #saygay

Congratulations to our 2023 LCLD Pathfinder – Panida Anderson

Bailey & Glasser, LLP would like to congratulate attorney Panida Anderson on being named a 2023 Leadership Council for Legal Diversity (LCLD) Pathfinder. Ms. Anderson practices consumer protection, class action, and employment litigation with a particular focus on representing consumers in class actions under the Telephone Consumer Protection Act (TCPA). She is also the immediate past President of the National Thai American Bar Association (TABA), which facilitates the professional development of its members and increases access to legal services for the greater Thai community.

LCLD is an organization made up of more than 400 corporate chief legal officers and law firm managing partners, who have pledged themselves to create a truly diverse U.S. legal profession. LCLD’s programs are designed to “attract, inspire, and nurture” talent and promote inclusiveness within these organizations and in the participants’ circles of influence, thereby creating a new and more diverse generation of attorneys.

The Pathfinder Program is designed for diverse, high-potential, early-career attorneys at LCLD Member organizations. As a Pathfinder, Ms. Anderson will gain practical tools for developing and leveraging internal professional networks, leadership skills, and career development strategies specific to law firm practice.

“The LCLD program encourages Pathfinders to embrace our diversity and show up as our full selves.” Ms. Anderson said. “It teaches communication skills so that we can be better advocates and team players. Being able to network and become friends with like-minded diverse professionals is invaluable, and I appreciate Bailey Glasser for nominating me to be this year’s Pathfinder.”

After completing the seven-month program, Ms. Anderson will join fellow Bailey Glasser attorneys Jade Smith-Williams and Britney Littles as LCLD Alumni Program members.

Bailey Glasser became an LCLD member firm in 2022, with founding partner Benjamin Bailey as LCLD “Leader at the Front” and partner Cary Joshi as 2022 LCLD Fellow.

Learn more about the LCLD Pathfinder Program here.

BG Files in Federal Court to Confirm Collection Rights on $5 Million Award Against MyPillow CEO

Bailey Glasser has filed a federal court petition to confirm their client Robert Zeidman’s $5 million arbitration award against MyPillow CEO Mike Lindell after Mr. Zeidman won the “Prove Mike Wrong” Challenge. “Mr. Lindell’s baseless claims of election fraud have caused immeasurable damage to our country and have been soundly debunked. It’s time for him to pay the judgment,” said BG partner Brian Glasser, leading the team representing Mr. Zeidman.

In the “Prove Mike Wrong” challenge, Lindell offered $5 million to anyone who could prove data he claimed shows China interfered in the 2020 presidential election was inaccurate. Mr. Zeidman did so, and a three-judge arbitration panel concluded on April 19, 2023 that he definitively won the “Prove Mike Wrong” contest and that “failure to pay Mr. Zeidman the $5 million prize was a breach of the contract, entitling him to recovery.”

Payment was due within 30 days of the arbitration award, but Lindell has made no payment to date. In the petition, BG partners Brian Glasser, Lori Bullock, and Cary Joshi ask the court to confirm the arbitration award and compel Lindell to pay the judgment. Read more here.
#arbitration #justice #BaileyGlasser

BG Partner Jackalyn Olinger Rochelle to Receive “Litigation Practitioner Award” at Missouri Lawyers Media’s 2023 Women’s Justice Awards

At the 25th Annual Women’s Justice Awards taking place on May 18, Missouri Lawyers Media will give Bailey Glasser partner Jackalyn Olinger Rochelle its “Litigation Practitioner Award,” which honors litigators who “have made their careers in the courtroom.” Congratulations to our friend and colleague for this accomplishment, which is a testament to the care and commitment she has to her clients and to the world around her. #BaileyGlasser #Litigator #MissouriLawyer

For more information or to attend, please visit Missouri Lawyers Media.

BG Partners Join Opening Arguments Podcast Discussing $5 Million Award Against “My Pillow” Founder

Bailey Glasser partners Brian Glasser and Cary Joshi join the Opening Arguments podcast to discuss winning a $5 million arbitration award against My Pillow founder Mike Lindell for claims related to election fraud data.

The Bailey Glasser team, Brian Glasser, Cari Joshi, and paralegal Manuel Rios in Washington, D.C., and partner Lori Bullock in Des Moines, Iowa, represented Robert Zeidman, a cyber security professional, in the arbitration.

Following the 2020 election, Lindell prominently trumpeted the false theory that the 2020 presidential election involved alleged Chinese government hacking that resulted in votes cast for Donald Trump being switched to Joe Biden. In July 2021, Mike Lindell sponsored his own so-called “Cyber Symposium”, which he said would provide an opportunity for technical experts in cyber forensics to examine and evaluate the evidence presented by Lindell.

Lindell was so confident in the validity of his so-called “evidence” that, as part of his Cyber Symposium, he held the “Prove Mike Wrong Challenge” and offered a $5 million prize to anyone who could prove the data was not valid. The Arbitration panel declared unequivocally that Zeidman proved Mike wrong and won the contest.

Follow this link to hear this entertaining interview and show notes, including links to the arbitration opinion and more. #openingargumentpodcast #podcast #openingarguments #arbitration #baileyglasser

Child Abuse Lawsuit Attracting National Attention

Our lawsuit on behalf of a sexually abused child by a teacher she trusted and a school system and administrator who should have protected her, is gaining national attention – most recently by the NY Post, Fox News, as well as Dan Abrams’ Law & Crime platform. Partner Mary Pat Statler told the NY Post: “This case is a parent’s worst nightmare. To learn that your child was groomed and sexually abused by a teacher is beyond awful. It’s made even more terrible knowing that the administrator at the time of the abuse was in a position to stop the abuse or prevent future instances of abuse and instead turned a blind eye.”

To read more about how we are looking to protect our client and others like her please visit:

NY Post article

Law & Crime

Fox News

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