Practices
-High Stakes Litigation
-Complex Commercial Litigation
-Energy and Environment
-Insolvency & Bankruptcy

Brian A. Glasser

Brian, a Rhodes Scholar and a founding partner in the firm, started his career as purely a civil and criminal trial and appellate lawyer. He has tried cases in nine different states and been personally involved in litigation in twenty-six states. His consistent involvement in high-stakes commercial litigation expanded his practice to include negotiating and managing the execution of billions of dollars worth of business transactions.Today, Brian maintains a diverse practice. While managing and supervising many of the firm's lawyers, he remains deeply involved in our clients' most pressing issues. Here are a few examples:

2017
  • Obtained, as co-trial counsel, a verdict on behalf of ERISA plan participants of approximately $29.7m 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 $20.5m 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 $61.34m because we proved willfulness. Memorandum Opinion and Order
  • Obtained, as lead trial counsel, a verdict for more than $2m 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 $40m, reinstating the original fraud judgment for more than $286m.
  • 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 $219m 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 $21m.
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).
  • 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 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 $200m bolt-on financing.
2011
  • Lead counsel defending International Industries from a $127m breach of contract claim. After five years of litigation, the Court limited the plaintiff's maximum recovery to $2m and the case was quickly resolved.
2010
  • Co-lead trial counsel in the Yellowstone Mountain Club case in Montana, obtaining a $286m verdict against property developer and former owner Tim Blixseth for fraud. The trial court reduced the judgment to $40m and upon the defendant’s appeal, we cross-appealed.
  • Lead counsel in Foresight Energy, LLC's $690m 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 $255m in coal reserves.
  • Lead counsel for Macoupin Energy, LLC's sale/leaseback of $143.7m 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 $62.5m settlement with H&R Block (NYSE: HRB). The West Virginia share was $32.5m.
  • 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 seeking 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 U.S. 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.

Professional Involvement

Bar Admissions

  • West Virginia, 1994

Government Experience

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

Memberships and Affiliations

  • West Virginia State Bar
  • Hon. John A. Field, Jr., Inn of Court (President), 2008-2009
  • Permanent Member, Judicial Conference for the U.S. Court of Appeals for the Fourth Circuit

Publications

  • Brian Glasser and Eric Snyder, "Payday Lending-The Litigation and Legislation That Regulate It," 11th Annual Consumer Financial Services Litigation Institute, Vol. 1., Practicing Law Institute, New York: 2006.

Lectures

  • "West Virginia Coal Law," National Business Institute, 2014.

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of West Virginia
  • U.S. District Court for the Southern District of West Virginia

Cases

  • MSHA v. Mach Mining, LLC - We served as lead trial counsel in a case of first impression regarding MSHA’s power to impose ventilation plans on mine operators.
  • Buckhannon Bd. and Care Home, Inc. v. West Virginia DHHR, 532 U.S. 598 (2001) - Brian A. Glasser served as co-counsel in the petition and briefing stage at the United States Supreme Court.
  • UST Litigation & Related Proceedings - We serve on the management committee of a consortium of firms representing 22 governors, state attorneys general, and underground storage tank funds pursuing claims against the major oil companies for overpayments of UST cleanup costs. This ongoing endeavor has returned over $100 million dollars to the various states.
  • Tory Burch, LLC - Brian A. Glasser served on the Board of Directors of Tory Burch, LLC as Christopher Burch’s designee during the period of a contentious dispute over investor rights. The case was resolved by agreement.
  • Foresight Energy Bolt-On Financing - We served as counsel to the issuer in Foresight Energy LLC’s $200 million bolt-on financing.
  • Colt, LLC - We were lead counsel for Colt, LLC’s sale of $255 million in coal reserves.
  • Macoupin Energy, LLC - We were lead counsel for Macoupin Energy, LLC’s sale/leaseback of $143.7 million in coal reserves.
  • Adena Minerals, LLC - We were 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.
  • Raven Energy LLC - Convent Marine Terminal Projects - We were lead counsel for Raven Energy LLC with respect to a $185 million financing for capital improvement projects at the Convent Marine Terminal.
  • Southern Land Co. L. P./Dickinson Properties, LLC - We were lead counsel for Southern Land and Dickinson Properties with respect to the corporate reorganization of certain jointly owned coal reserves and other assets in southern West Virginia.
  • Foresight Energy Refinancing - We served as counsel in Foresight Energy, LLC’s $690 million refinancing.
  • Hillsboro Energy LLC, Permit No. 399 - In 2009, several individuals and environmental groups sought administrative review of the Illinois Department of Natural Resources’ issuance of a Surface Mining Control and Reclamation Act permit. After our successful defense of the petitioners’ summary judgment motion, we sought and obtained a complete dismissal.
  • Not guilty verdict for doctor in overprescribing charges - Not guilty verdict for a doctor accused by federal authorities of excessive prescribing of painkillers.
  • DeClue v. Illinois Department of Natural Resources and Macoupin Energy LLC - In 2010, after the Illinois DNR renewed our client’s mining permits, two citizens petitioned for administrative review. We prevailed on a motion to dismiss for failure to state a claim, and our client was enabled to continue operating under the permit.
  • DuBose v. Illinois Department of Natural Resources and Sugar Camp Energy LLC - In 2012, petitioner DuBose sought administrative review of a major revision to a mining permit. We successfully argued in a motion to dismiss that the petitioner lacked standing to bring the action.
  • Prairie Rivers Network v. Illinois EPA, Sugar Camp Energy LLC, and Hillsboro Energy LLC - In 2009, Prairie Rivers Network and Sierra Club petitioned for review of the Illinois Environmental Protection Agency’s issuance of National Pollutant Discharge Elimination System permits for mining operations at our client’s coal mines. In a creative settlement reached with the petitioners, our client agreed to build and allow study of wetlands as a possible treatment option for mine processing discharge. The settlement allowed the mine operations to continue.
  • Cummins v. H&R Block, Inc. - In a case litigated for five years in venues ranging from the West Virginia trial and appellate courts, to federal district courts in West Virginia and Illinois, to the United States Supreme Court, our lawyers served as lead counsel in winning a $62.5 million multistate class action settlement against H&R Block. The case involved first-impression claims relating to the application of West Virginia’s credit-services organization statute to Block’s refund anticipation loan product. Other firms across the country litigated cases against Block alleging similar claims, without success, for more than ten years. West Virginia’s share of the settlement was $32.5 million.
  • Ooten v. Massey Coal - Our lawyers were co-lead counsel in a two-phase, six-week jury trial alleging a Massey Coal subsidiary damaged the groundwater supplies of coalfield residents; total cash recovery was $3.2 million, plus injunctive relief. The case was virtually unprecedented, both in the sheer numbers of plaintiffs involved and the claims alleged.
  • Mey v. Herbalife Int’l, Inc. - We were brought in by a team of lawyers to help prosecute class action claims under the Telephone Consumer Protection Act. The case settled for $7 million, at the time one of the largest TCPA robocall telemarketing settlements since the statute was enacted in 1991.
  • Anderson v. Elk Run Coal Company, Inc. - We won a six-week jury trial against a Massey Coal subsidiary alleging nuisance from coal preparation plant; total recovery of approximately $2.4 million, plus injunctive relief valued at more than $10 million. The case was featured in National Geographic magazine and other national media outlets.
  • Dynamic Energy, Inc., v. International Industries, Inc. - We were lead counsel defending International Industries 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.
  • BPI Energy, Inc. v. Colt LLC - We served as lead trial counsel for a mining company defending $395 million claim. After a successful injunction trial, the plaintiff paid the firm’s client $3 million to settle the case.
  • Paint Creek Coal Co. v. Panther Coal Co., Inc. and Chris Cline - The firm was lead trial counsel in this complex commercial arbitration. Our client was sued for more than $50 million, and “lost” $1 million by the arbitration verdict. The plaintiff’s appeal was dismissed.
  • State of West Virginia v. USEPA, No. 12-5150 - Bailey & Glasser counsel served as Special Assistant Attorneys General for West Virginia in the groundbreaking environmental litigation filed in the State from 1999-2003--the Mountaintop Removal, Cumulative Hydrologic Impact Analysis, and Bonding Litigations. Almost a decade later, Bailey & Glasser lawyers are again representing the State against USEPA in these actions:
    • Mingo Logan Coal Co. v. USEPA, No. 12-5150 (U.S.C.A., DC Circuit);
    • National Mining Association, et al. v. Lisa Jackson, et al., Civil Action Nos. 10-1220, 11-0295, 11-0446, 11-0447 (D.D.C.) (pending appeal); and
    • WV Highlands Conservancy, Inc., et al. v. Randy C. Huffman.
  • Macoupin Energy, LLC - The Illinois Department of Natural Resources issued our client a permit to allow underground disposal of slurry created from the coal mining processes. An individual and an environmental group sought administrative review of the permit. We settled with the environmental group agreeing to modification of the permit. In early 2014, we obtained summary judgment for our client as to the individual’s claims.
  • Patriot Coal Corp. Bankruptcy - Our lawyers served as Special Assistant Attorneys General in both Patriot Coal bankruptcy cases, the first in the Southern District of New York and Eastern District of Missouri and the second in the Eastern District of Virginia. They represented the West Virginia Department of Environmental Protection as well as the West Virginia State Tax Department and Offices of the Insurance Commissioner. For the DEP, our lawyers helped secure a settlement valued at $50 million for the State to help ensure funding of reclamation and water treatment. On behalf of the Tax Department, our lawyers obtained dismissal of the Patriot trustee’s $5-plus million suit to recover alleged tax refunds due.
  • Yellowstone Mountain Club, LLC Bankruptcy - The firm served as lead counsel in obtaining $520 million in verdicts in Montana against Yellowstone Mountain Club developer Tim Blixseth, as well as a $9.4 million jury verdict his wife, Jessica Blixseth. The firm’s team has included Brian Glasser, who now serves as the trustee of the Yellowstone Club trust, Kevin Barrett, Thanos Basdekis, Michael Murphy,Ora Nwabueze, among many others.
  • Refco, Inc. Securities Litigation Bankruptcy - In $64 billion bankruptcy case, we were hired by Marc S. Kirschner, Trustee of the Refco Liquidating Trust, to pursue claims for distribution to creditors; obtained significant confidential settlement on his behalf.
  • Trinity Coal Corporation - Served as Special Assistant Attorneys General for the State of West Virginia in connection with Trinity Coal’s Chapter 11 bankruptcy cases, representing the Department of Environmental Protection.
  • WP Steel, LLC -  On behalf of the West Virginia Offices of the Insurance Commissioner, firm lawyers served as Special Assistant Attorneys General for the State of West Virginia in connection with the Chapter 11 case of RG Steel, LLC. After RG Steel defaulted on its workers’ compensation obligations, firm attorneys obtained relief from the automatic stay to allow the Insurance Commissioner to obtain $7 million in funds to pay workers’ compensation claims.
  • Kameron Collieries ULC – Acquisition of Donkin Coal Mine, Nova Scotia, Canada - We served as 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.
  • Charron v. Sallyport Global Holdings, Inc. - Obtained 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.
  • Brundle v. Wilmington Trust - Bailey & Glasser recovered $30 million for the participants in the Constellis Employee Stock Ownership Plan following a two-week trial. The court’s decision set important new standards for ESOP trustees representing plans and participants in ESOP transactions.

Education

  • J.D., 1994, cum laude - Harvard Law School
  • B.A., 1991 - Oxford University
  • B.A., 1988, summa cum laude; Rhodes Scholar, 1988; Truman Scholar, 1987 - West Virginia University