Bailey & Glasser, LLP

Bailey Glasser is proud to announce the elevation of three outstanding litigators to partner in 2025: Tony L. Clackler, Sallie Gilbert, and Christopher D. Smith. • Tony L. Clackler (Electronically Stored Information Practice): A leader in consumer rights, class actions, and complex litigation, Tony is also our Chief Information Security Officer and a certified privacy professional. Learn more about Tony Clackler here: https://ow.ly/yyvf50UVeFJ • Sallie Gilbert (Commercial & Environmental Litigation Practice): With a strategic approach to high-stakes litigation, Sallie is a rising star in construction, energy, and environmental law. Sallie also helps to run our firm’s Associate Development program. Learn more about Sallie Gilbert here: https://ow.ly/OB4r50UVeFL • Chris Smith (Civil Defense Practice): One of Bailey Glasser’s not-so-secret litigation weapons with first-class writing and courtroom skills, Chris excels at trial and appellate advocacy across multiple industries. Chris has also played an integral role in BG’s Summer Associate program. Learn more about Christopher Smith here: https://ow.ly/ZOg950UVeFK From trials to appellate courts nationwide, complex product liability litigation to energy law, these attorneys embody the strength and skill that define Bailey Glasser. In a joint statement issued by Practice Area Leaders Nicholas Johnson and Jonathan Marshall, as well as Practice Group Leaders Cary Joshi, Becky Pomeroy, and Kate Charonko: “We’re proud to elevate three lawyers with exceptional skills and tenacity to partner at Bailey Glasser. Over the last 25 years, our clients expect – and get – the best and the brightest when it comes to litigators on their cases. Our lawyers aren’t scared to go to trial and these three lawyers are proof positive of this. We applaud their accomplishments and welcome them warmly in their new roles.” Join us in celebrating Tony, Sallie, and Chris on this well-earned achievement. To read our full 2025 partner elevation announcement, visit here: https://ow.ly/NyG250UVeFI #BaileyGlasser #Litigation #NewPartners #ESI #CivilDefense #CommercialLitigation #Welldone

After nearly seven years of relentless work, Bailey Glasser partners John Roddy, Elizabeth Ryan, and Brian McAllister, along with co-counsel Robert A. Griffith and federal prosecutors, secured a $17 million settlement to resolve False Claims Act allegations filed in 2017 by whistleblower Dirk Etheridge against C.R. Bard, Inc. and several of its affiliates. In United States, ex rel. Dirk Etheridge, et al. v. Liberator Medical Holdings, Inc., et al., No 1:17-cv-05187-LMM (N.D. Ga.), Mr. Etheridge alleged that the Bard entities offered free samples, discounts, and savings on in-office supplies to illegally induce urology practices across the country to prescribe Bard urological products. This successful outcome is the product of thousands of hours of work by Mr. Etheridge’s legal team, which undertook extensive document review and legal analysis at the Government’s behest. On this score, Bailey Glasser’s ESI Practice Group, led by partner Katherine E. Charonko and including partner Tony Clackler coordinated the digital discovery and analysis efforts that were critical to ultimately reaching settlement. To learn more about the BG team in this matter, please visit: https://ow.ly/vgvS50UTBNj #FalseClaimsAct #Whistleblower #BaileyGlasser

This World Cancer Day, February 4th, 2025, we unite under the theme "United by Unique," emphasizing that behind every cancer diagnosis lies a personal story of courage, resilience, and hope. Central to this theme is the concept of people-centered care, which reorients healthcare around individuals rather than diseases. It recognizes that every person is unique, prioritizes their needs, hears their concerns with compassion and empathy, helps them retain autonomy, and empowers them to actively participate in the decision-making process rather than simply being passive receivers of care. Studies show that people-centered care leads to: - Individuals feeling better during treatment - Higher quality care and greater trust in healthcare providers - Increased overall satisfaction among patients and families - Improved morale among healthcare workers - Reduced disparities in access to and delivery of services - Greater efficiency by providing cost-effective care - Stronger health systems that respond more effectively to public health crises One powerful cancer survivor story is by Bailey Glasser partner and Institutional Abuse & Neglect team leader, Sharon Iskra, who is a two-time breast cancer survivor. Read her inspiring story here: https://ow.ly/5woL50UTfat For more on World Cancer Day and people-centered care, please visit: https://ow.ly/KnzM50UTfav #WorldCancerDay #UnitedByUnique #PeopleCenteredCare #CancerStories

Happy Chinese New Year. As we welcome the Year of the Snake, we embrace the qualities this zodiac symbolizes: wisdom, transformation, and intuition. The snake represents rebirth, resilience, and a steady, strategic approach to life’s challenges. Just as a snake sheds its skin, this year invites us to let go of the past and grow into new possibilities. May this new year bring you prosperity, health, and wisdom to navigate life’s journey with grace and courage. #ChineseNewYear #YearOfTheSnake #LunarNewYear #NewBeginnings #BaileyGlasser

Bailey Glasser partners Michael Murphy and Elliott McGraw and co-counsel Michael Clohisy represents Lynette Woodard, the first female player for the Harlem Globetrotters, in a pre-action petition against the iconic basketball team seeking a subpoena to obtain her 1986 Globetrotters contract and apparel contract. Prior to filing the petition, the Globetrotters had failed to voluntarily produce it to Ms. Woodard despite relying on it for using her name and persona on various clothing items. The petition, filed in a New York trial court, stems from the Globetrotters using Woodward’s name, image, and likeness (NIL) without her consent, particularly in merchandise and promotional materials in the 2022 UNDRCRWN x Harlem Globetrotters collection. This petition, under New York law, would allow Woodard to obtain “pre-action discovery” before filing an official complaint and would allow her to review the relevant contracts to determine her legal rights and next steps. Lynette Woodard, 65, is a legendary basketball player who captained the gold-medal-winning 1984 U.S. Olympic Team and holds multiple records at the University of Kansas. Her career spanned international play in Italy and Japan before joining the WNBA in 1997, where she played for the Cleveland Rockers and Detroit Shock. As a leading sports law commentator noted, this case could have far-reaching implications as NIL rights become increasingly significant, especially for athletes protecting their personal brands, even for retired athletes whose legacies continue to generate commercial value. To learn more about this case, read the Sportico article here: https://ow.ly/tfqt50UOR5o To learn more about partner Mike Murphy visit here: https://ow.ly/tqI850UOR5l To learn more about partner Elliott McGraw visit here: https://ow.ly/qiPK50UOR5f #NIL #HarlemGlobetrotters #sportslaw #contracts #baileyglasser

Today is Data Privacy Day, an opportunity to reflect on the steps you are taking to safeguard your digital privacy. According to Forbes, in 2022, there were 1,802 data breaches in the United States impacting over 422 million people. A recent survey using insights from Publishers Clearing House revealed a concerning reality: In 2023, 86% of Americans aged 25+ are more worried about their privacy and data security than the state of the economy, yet two-thirds don’t understand how their data is used or who has access to it. Media expert Evan Shapiro warns: “We’ve done a poor job educating our society about digital privacy. One in four adults hasn’t taken any steps to protect their online data, and while denying app tracking is a good start, we need much more.” Shapiro suggests introducing data literacy in schools, workplaces, and communities. From denying app tracking to using stronger passwords and understanding data ethics, education is the key to empowering people to protect themselves online. Bailey Glasser’s litigators are on the forefront of protecting data privacy. Last year, BG partners Michael Murphy and Joshua Hammack, with co-counsel from Peiffer Wolf, secured a landmark win in the Second Circuit under the federal Video Privacy Protection Act (VPPA), which seeks to prevent certain companies from disclosing consumers’ video-watching preferences without their consent. In the lawsuit, Mr. Salazar, a subscriber to the National Basketball Association (NBA) newsletter, alleged the NBA unlawfully shared his video-watching history with Facebook. However, the district court dismissed his complaint, reasoning that Mr. Salazar was not a “consumer” under the statute because he subscribed only to the NBA’s online newsletter, and not to any of its audio-visual goods or services. In a decision that has garnered widespread attention, the Second Circuit Court of Appeals disagreed. In the first appellate decision in the country to tackle the meaning of “consumer” under the VPPA, it held that VPPA protections extend to subscribers of non-audiovisual services, such as newsletters in this case, setting a key precedent for consumer privacy. To read more about this significant win on behalf of data privacy and to learn more about the team in this case, visit: https://ow.ly/j5Gm50UOe62 We want to know, what steps are YOU taking to safeguard your digital privacy? Drop your tips below and let’s raise awareness for a safer, more informed digital world. #DataPrivacyDay #DigitalSafety #DataProtection #VPPA

A BG litigation team won an appeal before the Intermediate Court of Appeals of West Virginia on behalf of our client Appalachian Power Company (“APCo”). The team in this case included partner and lead counsel Brian Swiger, partner and Civil Defense Practice Group Leader Rebecca Pomeroy, and lawyers Chris Smith and Savanna Jones. In this case, our client was accused of playing a role related to a motorcycle accident that occurred on Route 75 in West Virginia. After discovery concluded, our client won summary judgment because we proved, and the lower trial court correctly held, that APCo could not be liable for failing to maintain a driveway that it did not build, use, or own. Indeed, all parties had admitted on appeal, that they had no evidence that APCo owned, maintained, used, or otherwise conducted any activities on the access road. The Intermediate Court of Appeals of West Virginia agreed and found that the petitioners’ negligence claims failed as a matter of law. Learn more about this matter and the BG Team here: https://ow.ly/sXq050UKmQI #Energylaw #litigation #WestVirginia #Appeals #CivilDefense #BaileyGlasser

As we honor the life and legacy of Rev. Dr. Martin Luther King, Jr., we invite you to explore the important work of the Drum Major Institute (DMI), an organization he founded in 1961. Today, DMI is led by his son, Martin Luther King III, along with his wife, Arndrea Waters King, and Yolanda King, Dr. King's only grandchild. Dr. King was deeply committed to radical and proactive nonviolence as a means to confront what he called the “Triple Evils” of racism, poverty, and violence. Embracing the King legacy reminds us, as DMI emphasizes, that nonviolence is not passive acceptance of injustice; rather, it is a call to peaceful resistance. One of Dr. King’s most enduring legacies is the Voting Rights Act of 1965, signed into law by President Lyndon B. Johnson. This landmark legislation granted millions of African Americans the right to participate fully in the democratic process—the right to choose their elected representatives rather than submit “to the edict of others.” Yet, even 60 years after the Act’s passage, litigation over its scope and protections continues. In the article “Sounding the Alarm: The 8th Circuit’s Discordant Note on Voting Rights,” Martin Luther King III and Bailey Glasser attorney Paul-Kalvin Collins examine a concerning 2023 ruling by the United States Eighth Circuit Court of Appeals. The ruling bars private litigants from bringing lawsuits under Section 2 of the Voting Rights Act, a critical provision that has long served as a safeguard against racial discrimination in voting. Read the full article here: https://ow.ly/vfCo50UIOXW The Drum Major Institute continues to advance Dr. King’s vision by promoting a culture of nonviolence and striving to build the "Beloved Community"—a society grounded in justice, equal opportunity, and love for all humanity. DMI collaborates with leaders and organizations worldwide to create a more just and humane society, recognizing that no single person or group can achieve this vision alone. Together, we can all work toward realizing Dr. King and Coretta Scott King’s dream of a Beloved Community. Learn more about how DMI continues to advance the mission and legacy of Dr. King here: https://ow.ly/KrCA50UIOXV #mlk #mlkday2025 #drummajorinstitute #votingrights #votingrightsact

On January 9, 2025, Bailey Glasser’s ERISA team filed an unopposed motion for preliminary approval of settlement and certification of settlement class on behalf of participants in the RVNB Holdings, Inc. Employee Stock Ownership Plan (ESOP), in a case proceeding in the U.S. District Court for the Northern District of Texas. The parties have agreed to resolve all matters in controversy, including the action and a separate but related Department of Labor (DOL) enforcement case, with a total settlement of $14 million. This amount includes a statutory penalty to the DOL, with $12.75 million allocated to the class of ESOP participants. The settlement, if approved by the court, will end more than five years of litigation concerning the sale of RVNB by the ESOP in 2017, which the plaintiffs alleged was for less than fair market value and caused by defendant fiduciaries in violation of the federal ERISA retirement benefits statute. The case is Coleman, et al. v. Brozen, et al., Case No. 3:20-CV-01358, and is proceeding before U.S. District Judge Ada Brown. Members of the BG team include ERISA Practice Group leader Gregory Porter, Ryan T. Jenny, Patrick Muench, and co-counsel from Ajamie LLP. To learn more about our nationally recognized ERISA, Employee Benefits & Trust practice, visit here: https://ow.ly/nv4Y50UIEsC #ERISA #ESOP #ERISALitigation #BaileyGlasser

Each January, the U.S. Environmental Protection Agency recognizes National Radon Action Awareness Month to increase public awareness of radon's severe health risks. Did you know that radon is the second leading cause of lung cancer in the United States, responsible for an estimated 21,000 lung cancer deaths each year? Radon is a colorless, odorless gas that seeps into homes and buildings from the ground. The EPA estimates that 1 in 15 homes in the U.S. has elevated radon levels. The best way to know if radon is present in your home and to protect your health is to test for it. Radon exposure is a preventable health risk; testing your home for excessive levels (above 4 picocuries per liter) is the first step to reducing exposure. “Radon is a serious public health risk. Fortunately, there are easy steps you can take to protect your family and ensure that the air you breathe at home is healthy,” said EPA Deputy Administrator Janet McCabe. “Testing for radon is easy and inexpensive, and I encourage everyone to test, fix, and save a life during this year’s Radon Action Month.” Watch this EPA video to learn more about National Radon Month and how to protect your home and health: https://ow.ly/QHe050UFrna #RadonActionMonth #RadonAwareness