Brian A. Glasser
209 Capitol Street
Charleston, WV 25301
Tel: 304-345-6555
Fax: 304-342-1110
E-mail Brian
Brian's vCard


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. 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:

2011



• Lead counsel defending International Industries from a $127m breach of contract claim. After five years of litigation, the Court limited the plaintiffs' 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 $40m verdict against property developer and former owner Tim Blixseth for fraud.

• 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 counsel/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. After six-week, two-phase trial with two juries, recovered in excess of $3.4m .

• 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. After eight-week jury trial, recovered judgment of over $2.3 million, plus injunctive relief valued at between $11-30m.

• 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.

Bar Admissions



West Virginia, 1994
United States Supreme Court

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.

Select Reported Cases



U.S. v. Daily Gazette Co., 567 F.Supp.2d 859 (S.D.W.Va. 2008)

Brailsford v. Jackson Hewitt Inc., 2007 WL 1302978 (N.D.Cal. 2007)

Dunlap v. Friedman's, Inc., 582 S.E. 2d 841 (W.Va. 2003)

State ex rel. Dunlap v. Burger, 567 S.E. 2d 265 (W.Va. 2002)

West Virginia Highlands Conservancy v. Norton, 147 F.Supp.2d 474 (S.D.W.Va. 2001)

State ex. rel. League of Women Voters v. Tomblin, 550 S.E. 2d 355, 2001 WL 298558 (W.Va. 2001)

Bragg v. West Virginia Coal Association, 248 F.3d 275 (4th Cir. 2001) (the Mountaintop Removal Case)

Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598 (2001)

Lazy Oil Co. v. Witco Corp., 95 F.Supp.2d 290 (W.D.Pa. 1997)

Court Admissions



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


[Print this Page]    [Download PDF]



©2007-2012 Bailey & Glasser LLP - All Rights Reserved - Disclaimer


Practice Areas


Class Actions and Mass Torts

Energy and Environment

Insolvency Litigation and Bankruptcy

Litigation


Education & Honors
J.D., 1994
  cum laude
  Harvard Law School
  - Environmental
    Law Review

B.A., 1991
  Oxford University

B.A., 1988
  summa cum laude
  West Virginia University 
  - Rhodes Scholar, 1988
  - Truman Scholar, 1987