Commercial Litigation

We are a firm knowledgeable in commercial law that isn’t afraid to take matters to trial. Collaborative and innovative, our commercial lawyers handle litigation for – and against - companies of all sizes, including multinational conglomerates, insurance carriers, energy companies, finance companies, technology behemoths, and more. Our trial lawyers are passionate about what they do and are as comfortable resolving things privately as they are jumping into a trial – our clients' goals are always the focus.

Bailey Glasser's commercial litigation lawyers have a proven track record of successfully handling national high-stakes litigation in a wide array of areas, bringing a trial-focused approach on behalf of both plaintiffs and defendants that vigorously protects their interests. We represent clients and businesses in many industries and of all sizes (from Fortune 500 companies to family offices), individuals, governmental entities and government servants. 

Our commercial litigators bring vast experience in resolving business disputes including breach of contract, breach of fiduciary duty, tortious interference, fraud, fraudulent transfer actions, and under many federal and state statutes. We try cases in state and federal courts and before arbitrators and mediators across the country, extending well beyond the boundaries of our numerous offices.

Even other law firms call upon us for legal assistance because of our unique blend of resources and trial experience. As a commercial litigation law firm, we are frequently brought in by other law firms to lead bet-the-company litigation, or parachute into appellate matters, particularly when cases are unable to settle, and clients become aware that skilled lawyers in the courtroom and on appeal are now an essential investment.

Our opposing counsel have included some of the largest commercial law firms in the United States and we have emerged victorious. 

Although at Bailey Glasser “we try cases,” we also recognize that a preferred outcome may be obtained by negotiation or at an early stage in a lawsuit. The demonstrated willingness of our commercial attorneys to take cases to trial gives our clients an advantage throughout the litigation process.

Complementing the firm’s litigation prowess is our cutting-edge Electronically Stored Information (“ESI”) practice group whose chair (partner Katherine Charonko) is CEDS certified. This CEDS certification is unique and highly sophisticated for a firm our size and allows us to expertly handle eDiscovery, including information management, collection, implementation, data culling, data production, and international discovery that permits us to be litigation-ready, no matter the case size, with speed and cost-effectiveness. 

We are grateful that our lawyers have received top rankings and accolades across the country, including Cary Joshi, the Commercial & Environmental Practice Group Leader and founding partner Brian Glasser both being named to the "Lawdragon Top 500 Leading Litigators in America" list for 2025. For more information about our lawyers' rankings and accomplishments, please visit here.

We love the work we do, and we fight for our clients.

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Experience

• Obtained a $5 million arbitral judgment against "MyPillow" CEO Mike Lindell's 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.   

• 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 a $19.96 million judgment 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.

• Obtained 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 U.S. Court of Appeals for the Fourth Circuit

• Obtained a unanimous jury verdict on behalf of Shonk Land Company, proving five separate breaches of Shonk’s contractual rights of first refusal, awarding the plaintiff over $4.1 million in damages. 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, the trial team proved intentional trespass, slander of Shonk’s title, tortious interference, and unjust enrichment.

• Resolved dispute over complex financial derivative products governed by an ISDA Master Agreement in the Lehman Brothers bankruptcy case in New York in bet-the-company litigation involving allegations of breach of a complex sale-leaseback transaction and of veil piercing of multiple layers of a Master Limited Partnership

• Settled dispute over interpretation of the recoupment provision in a $320 million royalty agreement

• Successfully resolved $100 million dispute over failure to develop mineral properties

• Defense of hundreds of product liability cases over the safety of personal protective equipment

• Prosecution of injunction actions against competitors in a trade secret and non-solicitation dispute

• Prosecution of a federal court action over the misuse and misapplication of federal grant money and former federal property in Utah

• Litigated cases 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

• Obtained 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

• Represented the subsidiary of a large transportation company which sued the State of West Virginia seeking to enjoin it from applying limits on reimbursement for ambulance services to patients who are either covered by workers' compensation insurance or public employee insurance
• Represented a large food manufacturer and its subsidiary over claims for trademark infringement and unfair competition in the US District Court for the Eastern District of Virginia which ended in summary judgment
• Successfully defended a large healthcare company after the FTC sought to block a proposed multibillion-dollar acquisition of another company
• Lead counsel in veil-piercing case involving intricate review of parent-subsidiary financials to impose liability against overseas parent company in multibillion-dollar hernia mesh litigation involving nearly 900 lawsuits
• Represented senior secure lender in billion-dollar coal mining bankruptcy facing emergency motions for priming loans; work involved detailed review of future business plans and value of collateral as component of ongoing business
• Obtained an over $10 million arbitration award in which we proved that a government contractor had fraudulently induced our client, its subcontractor, into a settlement agreement; after we unwound the fraudulent deal, we overcame a forceful defense against our client’s damages in winning the award
• Represented business owner in Charron v. Sallyport Global Holdings, Inc., in which we obtained a $20 million judgment in a dispute over whether the enterprise value of a company being sold exceeded $65 million
• Represented multiple buyers and sellers in various in- and out-of-court disputes over U.C.C. sales contracts, including cases over whether the contract was formed in the first place, one party’s failure to purchase or deliver, allegations of breach of warranty, open price terms, and consequential and incidental damages
• Served as lead counsel defending major publicly-traded coal and timber company 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
• Represented coal sales company in $30 million breach of contract claim arising out of failure to deliver coal under transportation agreement

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