Nick Johnson

Complex Litigation & Energy Attorney

[Bailey Glasser @BaileyGlasser]

On October 14, partner Joshua I. Hammack made his debut at the Supreme Court of the United States. He presented oral argument in Salazar v. Paramount Global, a closely watched case concerning the scope of the federal Video Privacy Protection Act (VPPA), where he argued against veteran Supreme Court litigator Paul Clement.

This argument has made national headlines, including in the New York Times. To learn more and for a list of links, visit: https://t.co/5zN9A4NcwF

The case involves the disclosure by Paramount (now Skydance) of Mr. Salazar's video-watching history to Facebook without his consent. Mr. Salazar sued, alleging Paramount's conduct violated the VPPA. But both lower courts held Mr. Salazar was not a statutory "consumer" because he subscribed only to Paramount's online newsletter, and not to its audiovisual goods or services. As a result, both lower courts dismissed his VPPA claim.

The Supreme Court's ruling in this case will have significant implications for how streaming services and other platforms handle user data. And it will almost certainly affect the privacy rights of millions of Americans consumers.

To learn more about Joshua Hammack, visit: https://t.co/32dFTMNPRq

#SupremeCourt #VideoPrivacy #VPPA #BaileyGlasser

[Jonathan Turley @JonathanTurley]

...Hammack just did a brilliant job in turning around a hypothetical by Justice Alito on what "from" might mean in other circumstances like buying gas. He nimbly used it to show that the statute's reference to "good and services" cannot be treated as meaning the same as video tapes - a redundant meaning. He was even able to work in the peril of gas station sushi.

[Bailey Glasser @BaileyGlasser]

Bloomberg Law has published a profile of Bailey Glasser partner Joshua I. Hammack in an article by senior reporter Jorden Fisher: “Advocate Taps Underdog Nostalgia Ahead of Supreme Court Debut.”

Joshua is arguing his first case before the Supreme Court of the United States on Wednesday, October 14, 2026, in Salazar v. Paramount Global, a closely watched case concerning the scope of the federal Video Privacy Protection Act (VPPA). He will be arguing opposite veteran Supreme Court litigator Paul Clement.

As described by Bloomberg Law:

"Joshua Hammack hasn’t shied away from his small town roots as he prepares to make his argument debut before the US Supreme Court. The Bailey Glasser partner dipped into 'Hoosiers,' the Indiana sports classic about a small town basketball team’s run to the state championships, in a petition on behalf of a sports newsletter subscriber.

They’re urging the justices to reconcile a circuit split over how the 1988 Video Privacy Protection Act should apply in the digital age in a case against Paramount Global, now Skydance Corp., to be heard Wednesday.

In the movie, Coach Normal Dale — played by Gene Hackman — worried that his players will be intimidated by the big city championship fieldhouse, has them measure the distance from the floor to the backboard, and the floor to the rim. 'The point is simple: The venue is different, the rules are not,' Hammack wrote in his client’s appeal of a lower court decision rejecting a proposed class action against the media giant.

The Huntington, West Virginia, native’s affinity for sports—particularly those of his own Indiana alma mater, the University of Notre Dame, and its legendary football program—is obvious. He spoke to Bloomberg Law via Zoom in front of a wall full of Notre Dame football memorabilia."

Read the full Bloomberg Law article here: https://t.co/gQepJIdjhE

Joshua handles complicated commercial litigation and appellate matters, with a particular focus on statutory interpretation, constitutional rights, product safety, insurance, contracts, and Title IX discrimination. In addition to this Supreme Court appeal, Joshua has handled federal appeals in the Second, Fourth, Fifth, Sixth, Eleventh, and District of Columbia United States Circuit Court of Appeals, and before numerous state appellate tribunals. Joshua's work has been recognized by Benchmark Litigation, Lawdragon, and more.

Learn more about Joshua's practice here: https://t.co/MPIndRkf8R

#SupremeCourt #VideoPrivacyProtectionAct #AppellateLaw #BaileyGlasser

[Bailey Glasser @BaileyGlasser]

Bailey & Glasser, LLP was named Benchmark Litigation’s 2026 Law Firm of the Year in West Virginia. This is the second consecutive year we've received this honor.

Benchmark Litigation’s 2026 US Awards recognize the nation’s most distinguished litigators and their firms for work over the past twelve months. Honorees were announced live at Benchmark’s Awards Gala in New York City on March 11th, 2026.

Winning Benchmark’s prestigious “Law Firm of the Year” award two years in a row reflects the excellence of our firm’s work and dedication to our clients. It is an honor to be recognized alongside top-tier firms and litigators, including fellow firm nominees Bowles Rice, Jackson Kelly, Dinsmore & Shohl, and Nelson Mullins Riley & Scarborough. View the entire list of winners here: https://t.co/3OFdGZjLzN

Benchmark Litigation provides comprehensive coverage of the U.S. litigation market. As noted by Benchmark Litigation in announcing the winners:

"We trust this year’s ceremony delivered the recognition your outstanding contributions truly deserve. The Benchmark Awards are all about honoring you – the elite litigators and the firms that set the standard for excellence. To be nominated is already a testament to your exceptional performance and the undeniable impact you've had on the litigation landscape over the past year. Each year, the competition grows more intense, and the selection process becomes increasingly challenging. After months of rigorous research, peer and client reviews, and meticulous analysis of recent casework, we are proud to present the 2026 Benchmark US Award winners."

We appreciate that Benchmark Litigation has recognized Bailey Glasser and our attorneys across many categories. See our full list of Benchmark Litigation recognitions here: https://t.co/hGXz43NSsC

Congratulations to all the outstanding lawyers and firms recognized this year. We are grateful to Benchmark Litigation for these honors and for its continued commitment to celebrating excellence in litigation.

#BenchmarkLitigation #LawFirmOfTheYear #BaileyGlasser #thankyou

[Bailey Glasser @BaileyGlasser]

A court dismissed the 3rd try by J&J to dispose of talc-related litigation outside the Constitutionally-guaranteed jury process. After a 2-week trial in February 2025, the court issued a 57-page opinion, finding the record required dismissal. More: https://t.co/8u0QnsATip

[Bailey Glasser @BaileyGlasser]

Bailey Glasser won West Virginia “Firm of the Year” and founding partner Brian A. Glasser was named a “Trial Lawyer of the Year” finalist at Benchmark Litigation’s 2025 US Awards Gala on March 6. To read more, visit: https://t.co/9ZWy87Dpvo
#BaileyGlasser #BenchmarkLitigation

[Bailey Glasser @BaileyGlasser]

BG won against insurer Lloyd’s of London on a claim it denied for expensive mining equipment that had been entombed after a mountain collapsed. Lloyd’s had denied the claim, alleging the equipment had been "abandoned." The appeals court reversed. More: https://t.co/ixFO9A24K8

[Nick Johnson @nickjwvu]

@taylorswift13 #ivoted

[Bailey Glasser @BaileyGlasser]

Nicholas Johnson, BG’s Corporate, Commercial Litigation, & Criminal Practice Area Leader, is speaking at an NBI Webinar on Oct 9th where he is leading the session titled, “Oil, Gas, and Mineral Rights Disputes: Employing the Top Methods.” Learn more: https://t.co/dyS87prPTn

[Bailey Glasser @BaileyGlasser]

BG has secured another win for interstate commerce and constitutional law. On Tuesday, the district court granted Foresight summary judgment, declaring Kentucky’s SB 257 unconstitutional and enjoining enforcement of the law. Read more here: https://t.co/5CcFMqrFMM

[Bailey Glasser @BaileyGlasser]

Brian Glasser and Cary Joshi have been named to the 2025 Lawdragon 500 Leading Litigators in America list. Brian is a founding partner of Bailey Glasser and Cary Joshi is the firm’s Commercial & Environmental Litigation Practice Group Leader.

More: https://t.co/tCwVMoebKF

[Nick Johnson @nickjwvu]

@tessaherrick @tomhanks Happy birthday!

[Bailey Glasser @BaileyGlasser]

Nick Johnson, Practice Area Leader of BG's national Corporate, Commercial Litigation, and Criminal Practice Area, has again received a Chambers ranking (Band 1) in District of Columbia - Litigation: Mainly Plaintiffs, his third year in a row. #thankyou

[Bailey Glasser @BaileyGlasser]

BG announces that Michael Shenkman has joined the firm as Of Counsel in its Commercial and Environmental Litigation Practice Group in its D.C. office. Previously, Michael was Deputy Counselor to the Chief Justice at the U.S. Supreme Court. Learn more: https://t.co/TuuJmed1h7

[Bailey Glasser @BaileyGlasser]

BG founder Brian Glasser is named one of “America’s Top 200 Lawyers” by Forbes in its first-ever list of elite lawyers who "share reputations for integrity, records of excellence—and Forbes’ recognition as the best in the business.” More: https://t.co/c31X6Y85lz #forbes

[Nick Johnson @nickjwvu]

#PuppyBowl

[Bailey Glasser @BaileyGlasser]

On Monday, the U.S. Supreme Court denied Kentucky’s petition for certiorari to review the 6th Circuit decision that Foresight’s constitutional claim challenging a KY law would likely succeed. With the denial, BG's 6th Circuit victory stands. Read more: https://t.co/CV5hvoyCwd

[Nick Johnson @nickjwvu]

Great work @BaileyGlasser team.

[Law360 @Law360]

A disgraced former Tennessee prosecutor lost his bid Friday to overturn sanctions that tanked his case against a telemarketing lawsuit after the Fourth Circuit panel held his "relentless sandbagging" warranted a punishment. https://t.co/hKgg0OLVnL

[Bailey Glasser @BaileyGlasser]

Nick Johnson, Practice Area Leader of our Commercial & Environmental Litigation/Corporate groups, has again received a Chambers ranking (Band One) for his litigation skills. Nick has a special focus on handling mining/energy-related matters. More: https://t.co/5FjAj1kqoR

[Bailey Glasser @BaileyGlasser]

“There are no circumstances under which I’m letting him run away with that money,” said BG partner Brian Glasser to the Washington Post about the federal court filing pursuing the $5 million prize owed to their client by the MyPillow CEO. Read more here: https://t.co/2zvuPQGcfY