Glen D.Nager

Partner

(T) + 1.202.879.5464

Glen Nager has argued 13 cases before the U.S. Supreme Court, as well as other appeals in subject areas such as antitrust, civil rights, employment, environmental law, government contracts, and intellectual property. He also defends employers in class action discrimination and employee benefits cases and conducts mediations and neutral case evaluations. In addition, Glen is the Client Affairs Partner for the Firm.

Glen represents clients such as General Electric, H&R Block, IBM, and Sodexo. Among other matters, he argued the American Needle case against the National Football League and won Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007).

Glen serves as an adjunct professor at the Georgetown University Law Center, where he teaches administrative and constitutional law. From 2012 to 2014, he served as President of the United States Golf Association. He served on the USGA's board from 2009 to 2014 and served as its general counsel from 2006 to 2008.

From 1995 to 2000, by joint appointment of the majority and minority leaders of the House and Senate, Glen chaired the Board of Directors of the Office of Compliance of the U.S. Congress. This board is responsible for promulgating regulations and adjudicating cases under the Congressional Accountability Act, a federal statute that made 11 employment laws applicable to the legislative branch.

Experience

  • GE wins Sixth Circuit appeal defeating class action surrounding retiree benefitsJones Day obtained a victory on behalf of General Electric Company ("GE") in the Sixth Circuit Court of Appeals, which affirmed a complete dismissal of a nationwide putative class action concerning GE's changes to post-retirement medical benefits for union retirees.
  • Synopsys reaches agreement with Mentor Graphics in competitor patent caseJones Day served as lead trial counsel for Synopsys Inc. in competitor patent litigation against Mentor Graphics Corporation following the Federal Circuit’s remand of the case to the district court.
  • H&R Block wins summary judgment in putative class action alleging UCL and CLRA violationsOn April 25, 2016, Jones Day client H&R Block, Inc. won summary judgment on a putative class action alleging violations of California's Unfair Competition Law ("UCL") and Consumers Legal Remedies Act ("CLRA").
  • H&R Block prevails as 8th Circuit upholds denial of class certificationOn June 18, 2015, the U.S. Court of Appeals for the Eighth Circuit upheld the denial of plaintiff's motion for class certification in an important ruling that implicates the choice of law used in class actions.
  • Race Team Alliance advised on business mattersJones Day advised an organization developed by the leading NASCAR teams in relation to its business strategies.
  • Innovation Ventures wins significant Sixth Circuit appeal holding that 5-hour ENERGY is protectable trademarkOn behalf of Innovation Ventures, LLC (d/b/a Living Essentials), the manufacturer of 5-hour ENERGY, Jones Day prevailed in a significant Sixth Circuit appeal seeking to reverse a lower court's holding that a competing product, 6 Hour POWER, did not infringe the 5-hour ENERGY trademark.
  • CBS receives favorable ruling in Second Circuit affirming dismissal of putative ERISA class actionOn February 1, 2012, the U.S. Court of Appeals for the Second Circuit ruled in favor of Jones Day client, CBS Corporation, and affirmed the dismissal of a putative ERISA class action against CBS as time-barred.
  • Albertson's successfully defends California AG antitrust litigation related to labor union negotiationsJones Day defended supermarket chain Albertson's, Inc. against antitrust claims asserted by the California Attorney General in connection with a "mutual strike assistance agreement" that Albertson's entered into with Vons and Ralphs, two other grocery store companies.
  • Goodyear obtains favorable U.S. Supreme Court ruling in personal jurisdiction caseOn June 27, 2011, the U.S. Supreme Court decided a significant personal jurisdiction case, ruling in favor of Jones Day client Goodyear Tire & Rubber Co., Inc. and its affiliates, Goodyear Dunlop Tires Operations, S.A.; Goodyear Lastikleri T.A.S.; and Goodyear Dunlop Tires France, S.A.
  • CBS obtains summary judgment in age discrimination caseJones Day defended CBS Corporation against claims of age discrimination brought by former employees who lost their jobs during the 1990s as part of corporate downsizing and restructuring.
  • CBS affiliate, after moving to dismiss, settles wide-ranging suit over its billboard-leasing practicesJones Day represented CBS Outdoor, Inc., a subsidiary of CBS Corporation, in a suit in the Western District of Missouri that challenged CBS Outdoor's handling of applications to lease locations for billboards along the rights of way of various railroads, for whom the company acted as leasing agent.
  • American Needle obtains favorable ruling from U.S. Supreme Court in antitrust dispute with NFLOn May 24, 2010, the United States Supreme Court decided a significant antitrust case, ruling in favor of Jones Day client American Needle, Inc., in American Needle, Inc. v. National Football League.
  • Sodexo obtains Third Circuit reversal in Robinson-Patman Act caseOn January 7, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, reversed a district court's judgment against Sodexo, Inc., and another defendant in a Robinson-Patman Act (RPA) bench trial and directed entry of judgment in favor of the defendants.
  • CBS successful on appeal in almost decade-long suit based on allegations of environmental contaminationJones Day successfully represented CBS Corporation, as the successor to Westinghouse Electric Corporation, in a suit by Kennedy Building Associates based on allegations of environmental contamination at a site in Minneapolis, Minnesota that Westinghouse owned until 1980, which included three appeals to the Eighth Circuit over the course of almost a decade.
  • GE defends against putative nationwide class action alleging discrimination against women in executive pay and promotionsJones Day represented General Electric Company in a nationwide putative class action, alleging discrimination against women in the executive band in pay and promotions.
  • IBM defends against putative nationwide age discrimination class action arising out of reductions-in-forceJones Day represented International Business Machines Corporation ("IBM") in a putative collective action brought by 12 former IBM employees alleging discrimination under the Age Discrimination in Employment Act on behalf of upwards of 15,000 former employees over the age of 40 who were terminated in conjunction with reductions in force between 2001-2005.
  • Insufficient evidence to support Michigan conspiracy conviction results in federal habeas reliefIn a significant pro bono victory for a Jones Day client, the United States Court of Appeals for the Sixth Circuit held that a Michigan prisoner represented by the Firm is entitled to federal habeas relief because constitutionally insufficient evidence supports his criminal conviction on a state-law conspiracy charge.
  • GE Aircraft Engines obtains settlement in nationwide FLSA wage and hour class action challenging exempt status of work forceJones Day defended General Electric Aircraft Engines in nationwide FLSA/state wage hour class action challenging exempt status of most of the work force.
  • Viacom defends appeal of complex statute of limitations issues in 3rd Circuit age discrimination caseJones Day represented Viacom, Inc. in an interlocutory appeal of complex statute-of-limitations and exhaustion of remedies issues in Age Discrimination in Employment Act (ADEA) case.
  • CBS Corporation and Westinghouse Pension Plan defeat ERISA action related to sale of businessJones Day successfully represented CBS Corporation, as successor to Westinghouse, and the Westinghouse Pension Plan against allegations that it violated ERISA when it sold a business unit to a third-party and did not ensure that the buyer's pension plan included job separation benefits.
  • Additional Publications

    • Fall 2007
      "Remembering Ricky," an Interview Giving Tribute to R. Gault Silberman, published by Independent Women's Forum
    • 2006
      Tribute to Sandra Day O’Connor, Harvard Law Review
    • 1996
      Employment and Labor Law: Perspectives on Reform – A Management Lawyer’s Perspective, National Legal Center for the Public Interest, 1996, at 7-11
    • 1994
      The Civil Rights Act of 1991 – Going Forward, Employee Relations L.J., Volume 20, Number 2, Autumn 1994, at 237-251
    • September 1994
      Co-Counseling With Outside Counsel Works for Westinghouse, Corporate Legal Times, September 1994, at 35-38
    • August 1994
      Calendaring Retroactive Rights, The Recorder, August 26, 1994
    • August 1994
      Retroactive Civil Rights: Back to the Future, Legal Times, August 1, 1994, at 28-29
    • May 1994
      Using Releases to Defeat Age Discrimination Claims, Employment Law Strategist, Volume 2, Number 1, May 1994, at 1-3
    • 1994
      Enforcement Issues: A Practical Overview, 54 Louisiana Law Review 1473
    • 1993
      Employees Can’t Have Their Cake and Eat It Too: Estopping Age Discrimination Complainants Who Have Signed Releases, Employee Relations L.J., Volume 19, Number 2, Autumn 1993, at 295-305
    • 1993
      Benefit Plan Limitations After the Americans with Disabilities Act, Employee Relations L.J. Volume 19, Number 1, Summer 1993, at 77-89
    • January 1993
      Agreeing to Disagree on EEO Disputes, 9 The Labor Lawyer 97, January 1993
    • 1993
      Affirmative Action After the Civil Rights Act of 1991: The Effects of a 'Neutral' Statute, 68 Notre Dame Law Review 1057
    • August 1992
      Discrimination Against Mental Disorders? Legal Times, August 31, 1992
    • July 1992
      A Healthy Limit on the Disability Act, The Wall Street Journal, July 24, 1992
    • July 1992
      Using Compulsory Arbitration to Resolve EEO Disputes, The New York Law Journal, July 14, 1992
    • April 1992
      Keep Workplace Disputes Out of Court, The New York Times, April 25, 1992
    • 1990
      The Civil Rights Act of 1990: Hearings on H.R. 4000 Before the Committee on Education and Labor and the Committee on the Judiciary, Subcommittee on Civil and Constitutional Rights, 101st Cong. (2d Sess. 1990) (testimony of Glen D. Nager)
    • 1989
      New Rules for the Title VII Numbers Game, Prentice Hall Law & Business, 1989
    • September 1982
      Bureaucrats and the Cost-Benefit Chameleon, Regulation, September/October, 1982
    • January 1981
      Auto Recalls and the Pursuit of Safety: A Commonsense Approach, Stanford Law Review, January, 1981

    Speaking Engagements

    • October 20, 2008
      McCain v. Obama, Mock Supreme Court Case
    • April 24, 2008
      Employment Law Developments: ADA, Religious Freedom, and New Potential Protected Classes, Jones Day 2008 Labor & Employment Legislative Briefing
    • December 4, 2007
      The Age Discrimination In Employment Act, 1967-2007, panelist, American Association of Retired Persons
    • September 26, 2007
      Participated in media briefing on the October 2007 Supreme Court Term, National Press Club
    • March 7, 2007
      The Administrative Procedure Act: Some of What You Might Need to Know But May Not Know to Ask, NAAG Conference on Administrative Law Preemption
    • March 23, 2006
      The Dagher Case – for the Antitrust Section of the Houston Bar Association
    • February 3, 2006
      Acceptance Remarks at United States Golf Association
    • October 22, 2004
      The Judicial Divide Over Class Employment Claims, 2004 North Carolina/South Carolina Labor & Employment Law Program
    • July 12, 2000
      The Labor and Employment Law Docket of the United States Supreme Court, District of Columbia Bar Association
    • July 23, 1998
      The Labor and Employment Law Docket of the United States Supreme Court, District of Columbia Bar Association
    • September 20, 1994
      The Labor and Employment Law Docket for the October 1994 Term, United States Chamber of Commerce
    • March 17, 1994
      Labor and Employment Law Docket of the U.S. Supreme Court:  Current Cases and Future Prospects, District of Columbia Bar Association
    • April 1, 1993
      Compulsory Arbitration of EEO Disputes, American Gas Association
    • March 10, 1993
      Creating and Maintaining Equal Opportunity in Employment, The American Forest and Paper Association
    • September 30, 1991
      Press Conference, Supreme Court 1991, National Press Club
    • July 1, 1991
      Press Conference, Supreme Court 1990, National Press Club
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