R. Scott Adams

R. Scott Adams

Spilman Thomas & Battle, PLLC

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Community Banking Excellence - Issue 4, 2014

In This Issue: - Another Perspective - From the Editor - Executive Compensation: It May be Limiting Your Choices - Community Banks Adding Prepaid Products Face New Imperatives - Discharge, Debt Buyers and...more

12/19/2014 - Banks Community Banks Credit Reporting Agencies Debt Buyers Executive Compensation Performance Incentives Prepaid Payment Products

Disputing Debts under the FDCPA – The Effect of the Fourth Circuit’s Opinion in Clark v. Absolute Collection Service, Inc.

In January of this year, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first...more

7/21/2014 - Debt Debt Collection FDCPA UDAAP

All Consuming: Legal Updates for Consumer Finance Professionals - July 2014

In This Issue: - Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions: America's fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting...more

7/18/2014 - Appeals Debt Debt Collection FDCPA Pending Legislation

Financial Institutions and Creditors’ Rights: Ninth Circuit Finds SCRA Liability Based on Prior Servicer’s Actions

The Servicemembers Civil Relief Act (“SCRA”) was signed into law in 2003, greatly expanding prior legislation in order to better assist servicemembers in avoiding default and foreclosure while they are on active duty. The...more

6/9/2014 - Default DOD Fees Foreclosure GAO Lenders Liability Loans Mortgage Servicers Mortgages Servicemembers’ Civil Relief Act

New Social Media Guidance for Financial Institutions (Which Might Include You)

The latest extension of the social media puzzle involves financial institutions. But, banks are not the only financial institutions governed by the alphabet soup of regulatory organizations addressing financial services (the...more

5/28/2014 - Banks CFPB FDIC Federal Reserve NCUA Nonbank Firms OCC SEC Social Media

SuperVision Today - May 2014

Notes from the Chair and Executive Editor - Welcome to the second quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group. Readers of this newsletter are invited...more

5/23/2014 - Employer Liability Issues Employer Mandates Exempt-Employees Minimum Wage NLRB Unpaid Overtime Wage and Hour

Did You Miss It? Important New Guidance for Financial Institutions Using Social Media

At the end of last year, the members of the Federal Financial Institutions Examination Council (FFIEC), published final supervisory guidance titled “Social Media: Consumer Compliance Risk Management Guidance.” Financial...more

4/7/2014 - Banks FDIC FFIEC OCC Social Media

Community Banking Excellence - Issue 1 2014

In This Issue: - Another Perspective - From The Editor - Did You Miss It? - And the Bidding Starts At . . .? The Impact of Two Recent Bankruptcy Decisions On Determining Foreclosure Sale Bids - Don't Bite...more

4/2/2014 - Banks Community Banks

Can You Keep Up? Emergence of CFPB and Significant Developments Transform Consumer Finance Landscape

In the wake of the 2008 financial crisis, Congress passed significant financial system reform legislation, the Dodd-Frank Act, which created a new regulator of financial institutions, the Consumer Financial Protection Bureau...more

3/21/2014 - American Express v Italian Colors Restaurant Attorney Generals CAFA CFPB Dodd-Frank Oxford Health v Sutter SCOTUS Standard Fire Ins. Co. v. Knowles

Deliberate Intent: Beyond Workers’ Compensation and Into the Assets of Your Business

A recent November 2013 case from the North Carolina Court of Appeals provides the perfect opportunity to remember when your business or your supervisors can be held liable for workplace injuries....more

3/21/2014 - Employer Liability Issues Intentional Torts Remedies Workers' Compensation Defense Workplace Injury

The Construct - March 2014

In This Issue: - Green Law Corner: What LEED v4 Means for You - Deliberate Intent: Beyond Workers' Compensation and Into the Assets of Your Business - EPA Approves the New Phase I Standard -...more

3/18/2014 - Arbitration Arbitration Agreements Employer Liability Issues Entrepreneurs EPA LEED Certified LEED Rules

Dodd-Frank Essentials: Executive Compensation Requirements And Disclosures

Several provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act have brought compensation of financial institution executives into the public eye. Although disclosure of executive and director compensation...more

12/26/2013 - Board of Directors CEOs Compensation Committee Directors Dodd-Frank Executive Compensation JOBS Act Proxy Statements Regulation S-K Say-on-Pay SEC

Community Banking Excellence - Fourth Quarter 2013

In This Issue: - Interview with a Community Banking Professional - Holiday Wishes - Accidents Don't Cut It - Ensuring You Don't "Unintentionally" Violate the Automatic Stay - Dodd-Frank Essentials: Executive...more

12/20/2013 - Automatic Stay Banks Community Banks Consumer Bankruptcy Creditors Debt Collection Debtors Disclosure Requirements Dodd-Frank ECOA Executive Compensation

All Consuming - Legal Updates for Consumer Finance Professionals (December 2013)

Welcome to the first issue of All Consuming. The Consumer Finance Practice Group will periodically distribute an issue of All Consuming to advise its clients and colleagues of litigation and regulatory developments affecting...more

12/5/2013 - Arbitration Arbitration Agreements Attorney Generals Compliance Enforcement Outside Counsel Statute of Limitations

In Case You Missed It - Three Cases Impact W.Va. Consumer Finance Law

Confirmation of the W.Va. Attorney General's Authority to Hire Private Counsel on Behalf of the State - For more than a decade, the circuit courts in West Virginia have wrestled with the issue of whether the State...more

12/3/2013 - Arbitration Agreements Attorney Generals Compliance Enforcement Loans Retainers Statute of Limitations

3 Weeks Left: Is Your Business Ready for HIPAA Compliance?

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to implement the new HIPAA rules is approaching quickly. In case you missed it, on January 25, 2013, the U.S. Department of...more

9/6/2013 - Business Associates Compliance Covered Entities Deadlines HHS HIPAA HIPAA Omnibus Rule PHI Privacy Rule Subcontractors

SuperVision Today - 3rd Quarter 2013

Notes from the Chair & Executive Editor - Welcome to the third-quarter edition of SuperVision Today, Spilman Thomas & Battle's labor and employment e-newsletter. We are very excited about the recently launched Spilman...more

9/4/2013 - Affordable Care Act American Express v Italian Colors Restaurant Class Action Class Action Arbitration Waivers Compliance HIPAA Oxford Health v Sutter Performance Reviews SCOTUS

Dodd-Frank Act Essentials: Corporate Governance Reforms

This is the first in a recurring series of articles examining the Dodd-Frank Act and its implications for community banks. This quarter’s selection takes a closer look at reforms related to corporate governance...more

6/13/2013 - Corporate Governance Dodd-Frank Proxy Access Rule Say-on-Pay Whistleblowers

Community Banking Excellence - 2nd Quarter 2013

In This Issue: - Conversation with a Community Banking Professional: Jillian Gibson - Future of Community Banking Symposium Highlights - Dodd-Frank Act Essentials: Corporate Governance Reforms -...more

6/11/2013 - Community Banks Corporate Governance Dodd-Frank Marketing

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

5/17/2013 - Class Action Employer Liability Issues FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 Rule 68

SuperVision Today - 2nd Quarter 2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

5/16/2013 - FLSA Hiring & Firing NLRB Rule 68 Unpaid Interns Wage and Hour

Mentoring Committee: How to Take a Great Deposition

Depositions are essential to developing your case because they allow you to assess the facts and witnesses in ways that you cannot achieve through other discovery tools. Many practitioners say that except for the ability to...more

5/6/2013 - Depositions Subpoenas

SuperVision Today - 4th Quarter 2012

In This Issue: - Notes from the Chair & Executive Editor - How do you maintain at-will employment if you can't tell anyone? - Update on Class Actions Following Dukes v. Wal-Mart - Important Employer-Related...more

12/26/2012 - Affordable Care Act Age Discrimination At-Will Employment Class Action Discrimination NLRB Wal-Mart

Update on Class Actions Following Dukes v. Wal-Mart

In the wake of Wal-Mart Stores, Inc. v. Dukes, federal courts throughout the country have altered their treatment of class action in important ways that affect employment cases. In addition to its high profile, due to...more

11/20/2012

Community Banking Excellence - Fourth Quarter 2012

In This Issue: - Conversation with a Community Banking Professional By Timothy R. Moore - Signs of a Federal Investigation by Sharon L. Potter - Why is Your Bank or Bank Holding Company Still a Public...more

11/16/2012

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