Brian A. Glasser

Brian Glasser, a Rhodes scholar and founding partner of the firm, represents a diverse array of plaintiffs and defendants throughout the United States. He has tried cases in 15 different states, including two mass actions and four class actions. Brian’s practice also regularly includes negotiating and managing the execution of business transactions across a range of industries. From time to time, Brian has represented governors, members of Congress, and high-ranked agency officials in ticklish personal, political, or criminal inquiries, including state and federal impeachment proceedings.

His exceptional rapport with clients and broad experience over 28 years of practice ensures that clients repeatedly call upon him to handle their most sensitive legal challenges.

Brian has been featured in a variety of publications throughout his career including:

• Yellowstone Club Trustee Offers Bounty to Find Blixseth’s Missing Millions

• Objections Overruled – Court is in Session with Legal Powerhouse Brian Glasser

• Bailey & Glasser – A Different Kind of Legal Powerhouse

• Attorney Charges Into Legal Arena

Here are a few examples of Brian's work:

2024

• Won appeal of the $5 million arbitration award against MyPillow chief executive Mike Lindell’s company, discussed below. For more visit here.
• Recognized by Forbes Media as one of the “Top 200 Lawyers in America” in its first-ever top lawyers list:  “[t]hey all share reputations for integrity, records of excellence—and Forbes’ recognition as the best in the business.” Learn more here.
• Named a “2024 Lawdragon 500 Leading Litigator in America.”  Learn more here.

2023

• Obtained, as lead trial counsel, a $5 million arbitral judgment against Lindell Management LLC by proving to 100% certainty that the data Mr. Lindell claimed to possess showing votes were moved from Mr. Trump to Mr. Biden was not 2020 election data at all. The decision can be viewed here. Visit this link to read an excerpt from the book "Election Hacks - Zeidman v. Lindell: Exposing the $5 Million Election Myth," about Mr. Glasser's examination of one of Mr. Lindell's expert witnesses, characterized by the author (Robert Zeidman) as "probably the best I'd ever encountered in all of my over 260 lawsuits."

• Obtained, as co-lead trial counsel, dismissal of Johnson & Johnson’s attempt to create a special purpose entity to bankrupt and manage its talc liabilities. We lost at the bankruptcy court, but were vindicated on appeal. The Court of Appeals for the Third Circuit decision reversing the bankruptcy court decision can be reviewed here; Mr. Glasser's opening argument slides on the trial court level can be viewed here.

• Obtained, as part of the national trial team, a dismissal of the bankruptcy of 3M subsidiary Aearo Technologies by a federal judge who found that the filing did not serve a valid reorganization purpose. Aearo and 3M were attempting to use this bankruptcy to resolve, on terms they wanted to dictate, more than 260,000 lawsuits brought by veterans and U.S. service members alleging that 3M military earplugs caused their hearing loss. This new ruling upends 3M’s litigation strategy to resolve mass tort claims in bankruptcy and to circumvent the ability of plaintiffs to have their cases heard by a jury of their peers as guaranteed by the U.S. Constitution. The dismissal order can be viewed here. 

• Obtained, as lead counsel, judgment for $19.96 million in favor of Wildcat Coal, LLC, against Bridger Coal Company in a lease dispute over the interpretation of an advance royalty provision.  The Order granting judgment can be viewed here.

2022

• Served as co-trial counsel in a Roundup case that settled for a confidential sum on the fourth day of trial.

• Served as co-lead trial counsel to the Official Committee of Talc Claimants in the Johnson & Johnson bankruptcy of its special purpose subsidiary LTL Management.

2021

• Obtained, as co-trial counsel, a verdict on behalf of Ramaco Resources Inc. of approximately $32.7 million against Chubb-related insurance companies for breach of contract in a denial of insurance coverage case. The trial court subsequently reduced the verdict, but it was substantially reinstated by the Court of Appeals.

2020

• Tried two cases by Zoom in Delaware concerning the interpretation of a shareholder rights agreement and a Limited Liability Company Agreement’s restrictions on transfer of units.
• Obtained a confidential settlement on behalf of more than 120 residents, including many who were killed and injured, of an apartment building complex in Maryland that was destroyed by a natural gas explosion.

2019

• In the DISH Network case discussed below, the U.S. Court of Appeals for the Fourth Circuit upheld the $61.34 million trial verdict.
• Obtained, as co-trial counsel, an arbitration award of over $10 million for client S&N Communications, Inc. against Bechtel Infrastructure Corporation for breach of contract in the engineering and construction of a high-speed fiber optic network.

2018

• In the Allegheny Energy case discussed below, the Ohio Court of Appeals upheld the $2 million trial court judgment.
• Obtained, as co-trial counsel, an arbitration award of over $1.9 million on behalf of Protech Solutions, Inc. against Conduent State & Local Solutions, Inc., for breach of a Strategic Alliance for teaming on the design, development, and implementation of a custom software solution.
• Resolved damage suits for more than $800 million arising out of events of force majeure, alleged lease defaults, and for lost coal, against Hillsboro Energy LLC and Macoupin Energy LLC for approximately $190 million, paid over 15 years.

2017

• Obtained, as co-trial counsel, a verdict on behalf of ERISA plan participants of approximately $29.7 million against Wilmington Trust for breach of fiduciary duty in the valuation and purchase of a defense contractor on behalf of an ESOP plan. Memorandum Opinion
• Obtained, as lead trial counsel, a verdict on behalf of a class of consumers of approximately $20.5 million against DISH Network, Inc., for over 51,000 violations of the Telephone Consumer Protection Act for calling numbers protected by the National Do Not Call registry. Verdict Sheet The Court then increased the jury award up to $61.34 million because we proved willfulness. Memorandum Opinion and Order
• Obtained, as lead trial counsel, a verdict for more than $2 million against Allegheny Energy, Inc., in a uniform commercial code case over breach of a contract for the sale of goods.

2016

• In the Yellowstone Mountain Club case discussed below, the United States Court of Appeals for the Ninth Circuit rejected all defendant Tim Blixseth’s challenges to the verdict and reversed the trial court’s reduction to $40 million, reinstating the original fraud judgment for more than $286 million.
• In the Yellowstone Mountain Club BLX case discussed below, the United States Court of Appeals for the Ninth Circuit upheld the trial court’s breach of contract judgment for over $219 million against Tim Blixseth.
• In the Sallyport case discussed below, the United States Court of Appeals for the Second Circuit upheld the trial court verdict for more than $21 million.

2015

• Lead counsel to Foresight Reserves, L.P., in the sale of a non-controlling 50% interest in its subsidiary Foresight Energy L.P. (NYSE: FELP) to Murray Energy Corporation for $1.375 billion.
• Lead counsel to Kameron Collieries ULC in its acquisition of 100% of the Donkin Project, a large undeveloped coal reserve in the Cape Breton region of Nova Scotia, Canada, from Glencore Xstrata, a global mining and trading company based out of Barr, Switzerland and Morien Resources Corporation, a Canadian royalty company.

2014

• Obtained, as Trustee of the Yellowstone Club Liquidating Trust, judgment against Tim Blixseth for $219.8 million for breach of a promissory note contract.
• Served as counsel to Foresight Reserves, L.P., in the $2.4 billion initial public offering of common units of its subsidiary Foresight Energy Partners, L.P. (NYSE: FELP). https://www.youtube.com/watch?v=5FnxjsLh7Cg
• Obtained, as lead trial counsel, a $21.1 million dollar verdict against Sallyport Global Holdings, Inc., in a breach of contract valuation case in federal court in New York City. Published Decision

2013

• Counsel to Foresight Energy LLC in connection with its $1.55 billion refinancing, involving a bond, term loan and revolver combination.
• Served as Trustee for the Yellowstone Club Liquidating Trust.

2012

• Served on the Board of Directors of Tory Burch, LLC as the Chris Burch designee during the period of a contentious dispute over investor rights. The case was resolved by agreement.
• Counsel to the issuer in Foresight Energy LLC's $200 million bolt-on financing.

2011

• Lead counsel defending International Industries Inc. from a $127 million breach of contract claim. After five years of litigation, the Court limited the plaintiff's maximum recovery to $2 million and the case was quickly resolved.

2010

• Co-lead trial counsel in the Yellowstone Mountain Club fraud case in Montana, obtaining a $286 million verdict against property developer and former owner Tim Blixseth for fraud. The trial court reduced the judgment to $40 million and upon defendant's appeal, we cross-appealed.
• Lead counsel in Foresight Energy, LLC's $690 million refinancing.

2009

• Lead trial counsel in a case of first impression respecting the power of the United States Mine Safety and Health Administration to impose ventilation plans on mine operators.
• Lead counsel for Colt LLC's sale of $255 million in coal reserves.
• Lead counsel for Macoupin Energy LLC's sale/leaseback of $143.7 million in coal reserves.

2008

• Retained by the Trustee of the Refco Liquidating Trust and obtained a significant confidential settlement on his behalf.
• Served on trial team in major nationwide product liability case that settled prior to trial.

2007

• Lead counsel for Adena Minerals LLC's sale of coal and transportation assets in return for a significant percentage of Natural Resource Partners, LP (NYSE: NRP) and a 22% interest in NRP's general partner.
• Lead counsel for the West Virginia class and coordinating/lead negotiator for multistate class in a $62.5 million settlement with H&R Block (NYSE: HRB). The West Virginia share was $32.5 million.
• Served as sell-side counsel in a significant private equity investment by Riverstone Holdings, LLC, a private equity fund manager, in Foresight Reserves, L.P.

Earlier Matters

• Co-lead trial counsel for plaintiffs in a mass action under the Surface Coal Mining and Reclamation Act obtaining compensation for damage to water wells and homes.
• Lead trial counsel for the plaintiffs in a mass action of first impression under the Surface Coal Mining and Reclamation Act, establishing rights for off-permit damages from dust fall.
• Served as co-counsel in the Petition and Briefing stage at the United States Supreme Court in Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 US 598 (2001).
• Special Assistant Attorney General for the State of West Virginia in the Mountaintop Removal, Cumulative Hydrologic Impact Analysis, and Bonding Litigations from 1999-2003. This series of cases involved several injunction hearings and numerous complex federal and state issues resulting in fundamental changes in the mining and environmental laws of West Virginia and the region.
• Tried numerous civil and criminal cases to verdict in state and federal court, in arbitration, and before state and federal agencies.

Awards & Accolades

2024 Forbes "Top 200 Lawyers in America"

2024 Lawdragon 500 Leading Litigators in America

Chambers USA, West Virginia: General Commercial (2015 - 2023) and Corporate/Commercial (2018 - 2023)

Best Lawyers in America: Bet-the-Company Litigation, Commercial Litigation, Criminal Defense: White-Collar, Energy Law, Banking and Finance Law (2010 - 2024)

“Top 100 Trial Lawyers,” National Trial Lawyers

Best Lawyers in America, Lawyer of the Year, Energy Law (2023)

Best Lawyers in America, Lawyer of the Year, Criminal Defense: White Collar (2019)

Super Lawyers, West Virginia, General Litigation and Business Litigation (2007 - 2023) 

Clerkships

• Law Clerk, Hon. M. Blane Michael, U.S. Court of Appeals for the Fourth Circuit (1994 - 1995)

Case Studies

Representative Matters

News & Insights

Community and Professional Activities

West Virginia State Bar

Hon. John A. Field, Jr., Inn of Court

Permanent Member, Judicial Conference for the US Court of Appeals for the Fourth Circuit