Spilman Thomas & Battle, PLLC

Further Assistance to Help Rein In Employee Lawsuits: Key Amendments to Court Rules on Discovery in Litigation

On December 1, 2015, several amendments to the Federal Rules of Civil Procedure took effect. While some changes are rather minor, others are expected to have a significant impact on litigation in federal court. Lawyers have been…more

Discovery, Duty to Preserve, Electronically Stored Information, Employer Liability Issues, Federal Rules of Civil Procedure

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Fourth Circuit Upholds Coverage Under CGL Policy for Data Breach Claims

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) recently concluded that an insurer had a duty to defend a health care company that was sued by individuals whose personal health information was…more

Commercial General Liability Policies, Cybersecurity, Data Breach, Data Security, Duty to Defend

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Looking Back, Looking Forward – A 2015 Retrospective and 2016 Predictions

This past year has seen many changes in the community banking industry. Some of these issues we expected and some had more of an impact than maybe we would have thought. As we reflect and look forward to 2016, we asked several…more

Anti-Deficiency Provisions, Community Banks, Cybersecurity, Mergers

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Estate Planning & Federal Tax Update - Winter 2013

With the American Taxpayer Relief Act of 2012 (the “ATRA ”) passed and the fiscal cliff safely averted, the time has come to turn your attention to your estate plan. What Did the ATRA Accomplish? The fiscal cliff threatened…more

American Taxpayer Relief Act, Capital Gains, Dividends, Estate Planning, Family Trusts

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Executive Compensation – It May be Limiting Your Choices

Many community banks have been under fire recently. Added regulatory burdens, additional disclosure responsibilities, cleaning up bad loans, streamlining the organization, staying ahead of cybersecurity threats, and, perhaps…more

Banks, Community Banks, Deferred Compensation, Executive Compensation

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North Carolina Statute of Repose Preempted by Superfund Discovery Rule

The United States Court of Appeals for the Fourth Circuit Court recently ruled that North Carolina’s statutes of repose and limitations is trumped by Superfund’s discovery rule, under which the limitation period for filing a…more

CERCLA, Discovery Rule, Preemption, Statute of Limitations, Statute of Repose

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The Shale Play Today - September 2013

In This Issue: - Deeper Resources: Rotruck Joins Spilman - EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells - Oil & Gas Lessees Retain Important Rights in W.Va. - Pa. Shale Industry…more

Endangered Species, Energy Exploration, Fees, Fracking, Oil & Gas

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Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

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Defeating Another Challenge to the Mortgage Electronic Registration System

Since the mortgage crisis began several years ago, the Mortgage Electronic Registration System (“MERS”) has faced numerous legal attacks relating to foreclosures, assignments and what interest MERS holds in a deed of trust or…more

Assignments, Deed of Trust, MERS, Mortgages, Recording Acts

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West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB…more

Actual or Constructive Knowledge, Employer Liability Issues, Proposed Legislation, Workplace Hazards

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Meet Your Deadlines: West Virginia AST Act Challenges

In This Presentation: - How We Got Here - Aboveground Storage Tank Act - Key Definitions - Key Elements - Upcoming Deadlines - AST Registration Stats - Interpretive Rule (47 CSR 62) -…more

Department of Environmental Protection, Environmental Policies, Storage Tanks

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OSHA Updates Reporting and Recordkeeping Rule

In the September 18, 2014 Federal Register, the Occupational Safety and Health Administration (“OSHA”) published revisions to 29 CFR Part 1904 with respect to updated reporting and recordkeeping requirements. Employers located…more

Employer Liability Issues, Enforcement, Guidance Update, OSHA, Recordkeeping Requirements

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North Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim

Last month, the North Carolina Supreme Court issued an important opinion for lenders in this state. The opinion reversed the North Carolina Court of Appeals’ decision in RL REGI N.C., LLC v. Lighthouse Cove, LLC, which found…more

Acquisition Finance, Affirmative Defenses, Banks, ECOA, Forbearance Agreements

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West Virginia, “Right-to-Work” and “Prevailing Wage” - What Does This Really Mean for Employers?

Less than a month ago, the West Virginia Legislature overrode the veto of Governor Tomblin to enact the “Workplace Freedom Act” – commonly called the Right-to-Work bill – and eliminated the requirement that state contractors…more

Davis-Bacon Act, Governor Vetoes, Minimum Wage, NLRA, Prevailing Wages

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The Shale Play Today - July 2015

In This Issue: - Northeast Natural Energy, LLC Making History for the Future of Energy: Entrepreneurs are a special breed. The good ones have that special blend of vision, timing and risk tolerance most others lack…more

Clean Water Act, Coal, Coal Industry, Department of Environmental Protection, EPA

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Discussing the Two Pillars of America's Main Street Economy - An Interview with Larry F. Mazza, CEO of MVB Bank, Inc.

Larry Mazza is Chief Executive Officer of MVB Financial Corp., the parent of West Virginia-based MVB Bank, Inc. Mr. Mazza also serves on the MVB Financial Corp. Board of Directors. He is a recognized name in West Virginia…more

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Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit Court…more

Breach of Duty, CAFA, Chevron, Damages, Fracking

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The Fiduciary Exception to the Attorney-Client Privilege: Whose Privilege is it in Litigation?

The attorney-client privilege is a cornerstone of the legal practice. The privilege protects the confidentiality of communications between a client and an attorney from disclosure to a third party when the communications are…more

Attorney-Client Privilege, Beneficiaries, Community Banks, Estate Claims, Estate Tax

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The Shale Play Today - July 2015

In This Issue: - Northeast Natural Energy, LLC Making History for the Future of Energy: Entrepreneurs are a special breed. The good ones have that special blend of vision, timing and risk tolerance most others lack…more

Clean Water Act, Coal, Coal Industry, Department of Environmental Protection, EPA

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West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB…more

Actual or Constructive Knowledge, Employer Liability Issues, Proposed Legislation, Workplace Hazards

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Highmark Properties Revisited: Lender Credit Bids

The dust has yet to settle on the landmark decision of High Point Bank & Trust Co. v. Highmark Properties, LLC, 776 S.E.2d 838 (N.C. 2015). Before delving into the decision that should serve as a harbinger of imminent and…more

Anti-Deficiency Provisions, Borrowers, Community Banks, Credit Bids, Fair Market Value

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Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the…more

ADA, Age Discrimination, Disability Discrimination, Diversity, EEOC

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The United States Supreme Court Clarifies Boundaries of Compensable Time Under FLSA

The Fair Labor Standards Act (“FLSA”) requires that employees be paid for all work and receive overtime pay for work that is part of the employee’s “principal activities” beyond 40 hours a week. However, the FLSA also states…more

Amazon, FLSA, Integrity Staffing v Busk, SCOTUS, Security Checks

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U.S. Supreme Court Revives Pregnancy Discrimination Act Claim

On March 25, 2015, the U.S. Supreme Court issued a ruling overturning a lower court’s decision dismissing a woman’s Pregnancy Discrimination Act (“PDA”) case and remanded the case for further proceedings. By overturning the…more

EEOC, PDA, Pregnancy Discrimination, Reasonable Accommodation, SCOTUS

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Not So Fast My Friend: Implied Covenant to Develop and Non-Apportionment Subdivision Tracts

I can acquire a 2,000-acre lease in Ritchie County, West Virginia, held by production from one well, drilled in 1905. I can acquire a 100-acre lease with an affidavit of nonproduction from an individual who has owned the…more

Apportionment, Commercial Leases, Exploration and Production Assets, Gas Royalties, Oil & Gas

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Lenders Versus Mechanics’ Liens in West Virginia: A Question of Priorities

Finally! After days, weeks, sometimes even months of waiting, you as the lending officer received approval from corporate that underwriting has just approved your borrower and you can proceed with the term sheet. Time to put…more

Lenders, Liens, Loan Servicer, Loans, Underwriting

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No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor

Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc. that…more

Construction Accidents, Construction Disputes, Contractors, General Contractors, Popular

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Regulations and More Regulations: Pa. Proposes Methane Reductions

On January 19, 2016, Pennsylvania Governor Tom Wolf announced a framework for reducing methane emissions from the oil and gas sector in the state. The Governor touted that as the second-largest producer of natural gas in the…more

Climate Change, Department of Environmental Protection, EPA, General Permit, Governor Wolf

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Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of…more

Actual Malice, Attorney's Fees, Bad Faith, Compensatory Damages, Punitive Damages

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The Oil and Natural Gas Industry: The Impacts and Uncertainty Continue

By now we’ve all seen the headlines: “Oil crashes below $27 a barrel,” “Oil prices likely to remain low 3-5 years” and “U.S. oil bankruptcies spike 379%.” At first, these headlines seemed a little “distant” to me. It seemed…more

Commercial Bankruptcy, Community Banks, Natural Gas, OECD, Oil & Gas

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The Return of the Unpaid Labor Force: A Refresher on Unpaid Summer Interns

This time every year, employers across the country welcome student interns into their workforce in droves. Internships are mutually beneficial relationships: the intern receives real-world, practical experience and the employer…more

Corporate Counsel, DOL, Internships, Students, Unpaid Interns

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ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globalization

It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and…more

Amended Regulation, American Bar Association (ABA), Confidential Information, Corporate Counsel, Global Economy

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How to Survive the Department of Labor’s Wage and Hour Enforcement

As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in a…more

Audits, DOL, FLSA, Independent Contractors, Recordkeeping Requirements

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Nuts and Bolts of the Home Rule Program Application Sales and Use Taxes

This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in…more

Business Taxes, Home Rule States, Local Ordinance, Municipalities, Sales & Use Tax

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Views from the Footprint - Banking, Collateral, Default and Foreclosure Question

In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The…more

Banks, Collateral, Community Banks, Foreclosure, Mortgages

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The Best Protection: Safeguards in Purchasing Distressed Oil and Gas Assets

In the current environment of depressed prices for oil, natural gas and related liquids, oil and gas wells, leases and properties are coming on to the market for sale. These assets typically are made available through either…more

Commercial Bankruptcy, Commercial Leases, Due Diligence, Energy Sector, Environmental Liability

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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

Arbitration, Arbitration Agreements, Employer Liability Issues, Entrepreneurs, EPA

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West Virginia Legislature Proposes Changes to the WVCCPA

West Virginia’s Legislature just concluded its 2015 session. Among the more than 260 bills sent to Governor Earl Ray Tomblin is S.B. 542, which makes amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”)…more

Consumer Credit Protection, Debt Collection, FDCPA, Statutory Penalties, Venue

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Hold That ReFi! A Reason to Think Twice Before Entering Post-Petition Agreements with Discharged Debtors

After months of phone calls, loan modifications and discussions with borrowers, one finally receives the dreaded bankruptcy notice in the mail. A chapter 7, no-asset case, with the loan listed on the bankruptcy schedules as a…more

Chapter 7, Consumer Bankruptcy, Debt Collection, Debtors

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Views from the Footprint - Banking, Collateral, Default and Foreclosure Question

In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The…more

Banks, Collateral, Community Banks, Foreclosure, Mortgages

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SuperVision Today - March 2016

Notes from the Chair and Executive Editor - Welcome to 2016's first edition of SuperVision Today, the enewsletter from Spilman Thomas & Battle's Labor & Employment Group. Our clients in West Virginia certainly are…more

De-Identified Protected Health Information, Discovery, Diversity, Gender Equity, HIPAA

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WVSCA Decision Strengthens Enforcement of Agreements to Arbitrate

On June 19, 2013, the West Virginia Supreme Court of Appeals (“the Court” or “WVSCA”) issued an important decision that bolsters the ability of financial institutions and other defendants to enforce arbitration agreements…more

Arbitration, Arbitration Agreements, SCOTUS, Unconscionable Contracts

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Veterans Day: A Day to Remember, to Honor, and to Reexamine Compliance with Laws Protecting Servicemembers

As a veteran of the United States Marine Corps and someone who has seen the challenges that veterans face firsthand, I can attest to the benefits of giving veterans an opportunity to return to work following periods of service…more

Employee Benefits, FMLA, Hiring & Firing, Military Caregiver Leave, Military Service Members

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ALERT: West Virginia Business Courts Division - Amendments to the Rules

For the past several years, Spilman Thomas & Battle has been an active participant in the West Virginia Business Court Division ("BCD"). After two years of cases, the BCD's leaders presented improvements to the West…more

Business Court Division, Proposed Amendments

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West Virginia, “Right-to-Work” and “Prevailing Wage” - What Does This Really Mean for Employers?

Less than a month ago, the West Virginia Legislature overrode the veto of Governor Tomblin to enact the “Workplace Freedom Act” – commonly called the Right-to-Work bill – and eliminated the requirement that state contractors…more

Davis-Bacon Act, Governor Vetoes, Minimum Wage, NLRA, Prevailing Wages

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You Decide: Green Globes v. LEED

The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for federal government construction projects. With this addition, many are now asking about…more

Building Standards, Certifications, Construction Workers, Contractors, Environmental Policies

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Revisiting the Post-Bankruptcy Toolbox: Don’t Forget to Compare the Financials

For better or worse, lenders have become increasingly familiar with the strange dynamic that is the post-bankruptcy minefield created by their borrowers filing a bankruptcy petition. Immediately, lenders begin thinking about how…more

Community Banks, Consumer Bankruptcy, Creditors, Dischargeable Debts, Financial Statements

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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

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Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?

A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect and…more

Bids, Competitive Bidding, Contract Formation, Contractors, General Contractors

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DRI Continues its Advocacy for Improvements to the Civil Justice System

Times change and so must our rules of civil procedure. DRI is a leader in the process of public and written comment to the proposed amendments to the Federal Rules of Civil Procedure. The federal Advisory Committee on…more

Electronically Stored Information, Federal Rules of Civil Procedure, Proposed Amendments, Public Comment

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West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB…more

Actual or Constructive Knowledge, Employer Liability Issues, Proposed Legislation, Workplace Hazards

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Response Plan Rewind: The Essentials of Data Breach Response Plans

From the financial sector to the healthcare industry, and even the security business itself, hackers are creeping their way into business data systems and pilfering personal information. For financial institutions, security…more

Credit Reporting Agencies, Cybersecurity, Data Breach, FDIC, Financial Institutions

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Virtual Currencies and the Risks They Bring to Community Banks and the Financial Industry

Virtual currencies are once again at the forefront of discussion about top issues facing community banks and the financial industry as a whole. The Independent Community Bankers of America (“ICBA”), a trade association…more

Bitcoin, CFPB, Community Banks, Financial Sector, FinCEN

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Cybersecurity: What You Must Know and What You Must Do

On February 1, 2016, the Federal Deposit Insurance Corporation (“FDIC”) published the Winter 2015 issue of Supervisory Insights. Not surprisingly, the first article dealt with the most important issue facing the financial…more

Banks, Borrowers, CFPB, Corporate Governance, Customer Funds

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Retaliation Litigation on the Rise: The SEC’s Broadening Interpretation of Dodd-Frank’s Whistleblower Provisions

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Act”) instituted sweeping changes to the financial sector of American industry. In addition to increased federal oversight, the Act implemented a…more

Anti-Retaliation Provisions, Dodd-Frank, Internal Reporting, Retaliation, Sarbanes-Oxley

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First Party vs. Third Party – Who can sue for bad faith?

For the purpose of those individuals who undertake direct representations of insurers, it is significant to be able to recognize who can sue an insurer (their clients) for bad faith. Nine years have passed since the legislative…more

Bad Faith, Insurance Industry, Insurance Litigation, Standing, Third-Party Liability

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Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

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Dress Codes, Religion and the Workplace – More Than Meets the Eye

On its face EEOC v. Abercrombie & Fitch Stores, Inc. dealt with an employer’s refusal to hire a Muslim woman who wore a headscarf in accordance with her religion, but the Supreme Court’s decision affects many more workplace…more

Abercrombie & Fitch, Appearance Policy, Disparate Impact, Disparate Treatment, EEOC

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ACA Open Enrollment #1 in the Books

With the first annual Affordable Care Act open enrollment in the books (although the end of open enrollment is still something of a moving target – more on that later), everyone is examining, discussing, applauding and…more

Affordable Care Act, Healthcare, Healthcare Reform, Open Enrollment

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Until Death Do Us Part – Divorce and HIPAA Violations: A Lesson in Safeguarding Protected Health Information

The Office of Civil Rights (“OCR”), a division of the Department of Health and Human Services, recently took the rare step of imposing civil monetary penalties against a large home health provider for violating the Health…more

ALJ, Civil Monetary Penalty, Data Theft, Employment Policies, HHS

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Calling in Sick: Pittsburgh Sick Leave Law Delayed Until March

March 10, 2016 is the current targeted effective date for an ordinance passed by Pittsburgh’s City Council requiring most city businesses to provide sick leave to full-time and part-time employees. Implementation of the…more

Earned Sick Time, Exemptions, Local Ordinance, Sick Leave, Sick Pay

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The Shale Play Today - January 2013

In This Issue: - Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers - Spilman Assists in Transition of Site from Steelmaking to Shale Gas - Natural Gas Fueling Stations Coming to I-79 in W. Va. and…more

DOL, EPA, Fracking, Grants, Natural Gas

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North Carolina Gearing Up for Major Road Improvement Projects

Few things shout “economic development” louder than substantial road improvement projects. For Division 9 of the North Carolina Department of Transportation (“NCDOT”), many more developments are underway. The Winston-Salem…more

Bids, Construction Project, Department of Transportation (DOT), Economic Development, Public Works

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Paradigm Shift: Hydraulic Fracturing, Shale Development and Energy Abundance

As is commonly held by energy sector experts, the game-changing development of the shales and the resurgence of natural gas as a virtually new, huge, versatile, long-term fuel, with a shrinking environmental footprint, is based…more

Barnett Shale, Energy Sector, Fracking, Horizontal Wells, Marcellus Shale

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The Shale Play Today - June 2014

In This Issue: - Observations of the Sixth Annual DUG Conference - Mergers, Midstream, and the Marcellus and Utica Shales - Sunoco's Natural Gas Liquids Pipeline Delayed? - How Local Drilling Regulations May…more

Liquid Natural Gas, Marcellus Shale, Natural Gas, Offshore Drilling, Oil & Gas

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Breaking News: America’s Next Energy Hub - Philadelphia Dealt a Major Setback

In 2012, the city of Philadelphia announced plans to privatize the Philadelphia Gas Works ("PGW"). PGW is the nation’s largest municipality-owned natural gas utility with more than 6,000 miles of gas mains and service pipes…more

Marcellus Shale, Municipalities, Natural Gas, Oil & Gas, Private Utility

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It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth of…more

Construction Defects, Construction Disputes, Construction Industry, Contractors, Equitable Estoppel

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Is Sexual Orientation Including Gender Identity the Next Universally Protected Class in Employment Law?

On July 21, 2014, President Obama signed an executive order expanding protection of employees of the federal government provided by Executive Orders 11478 and 11246. Specifically, individuals in federal employment cannot be…more

Gender Identity, Protected Class, Sexual Orientation, Sexual Orientation Discrimination

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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 in the introduction of a “zombie debt” bill, House Bill 4360. The bill, as introduced, was designed to…more

Debt, Debt Collection, Statute of Limitations

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Now It’s Apple and Samsung: Patents, Rulings and Appeals

In a Federal Circuit decision handed down recently, the appeals court overturned a $120 million jury verdict awarded to Apple. Samsung prevailed in this, the third appeal in this litigation. Two of Apple’s patents were found to…more

Appeals, Apple, Apple v Samsung, Damages, Obviousness

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Virginia Legislation Significantly Impacts Construction Industry

At its recently-concluded 2015 Regular Session, the Virginia General Assembly passed legislation which will significantly affect those persons who deal with potential mechanic’s lienors. The revision to section 43-3 of the…more

Construction Industry, Material Suppliers, Mechanics Lien, New Legislation, Subcontractors

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Nuts and Bolts of the Home Rule Program Application Sales and Use Taxes

This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in…more

Business Taxes, Home Rule States, Local Ordinance, Municipalities, Sales & Use Tax

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Employers & The Fair Credit Reporting Act: Has Sweet v. LinkedIn Signaled the Next Wave of Social Media Driven Change?

Most employers are at least generally familiar with the The Fair Credit Reporting Act (“FCRA”). FCRA protects consumers whose information is disclosed by consumer reporting agencies. In the employment context, FCRA regulates how…more

Background Checks, Consumer Reports, Corporate Counsel, Credit History, Employee References

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Views from the Footprint - Banking, Collateral, Default and Foreclosure Question

In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The…more

Banks, Collateral, Community Banks, Foreclosure, Mortgages

See All Updates »

Estate Planning & Federal Tax Update - Winter 2013

With the American Taxpayer Relief Act of 2012 (the “ATRA ”) passed and the fiscal cliff safely averted, the time has come to turn your attention to your estate plan. What Did the ATRA Accomplish? The fiscal cliff threatened…more

American Taxpayer Relief Act, Capital Gains, Dividends, Estate Planning, Family Trusts

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Upping the Ante: Fines Increase for Failure to Comply with Affordable Care Act Reporting Requirements

The deadline for employers to comply with the Affordable Care Act (“ACA”) reporting requirements is finally here, with reporting first due in 2016. In keeping with the ACA’s historical pattern of ever-changing regulations and…more

1099s, Affordable Care Act, Employer Liability Issues, Form 1094, Form 1095

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Righting a Wrong in West Virginia – The Residential Construction Right to Cure

In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is…more

Construction Contracts, Construction Defects, Homeowners, Notice Requirements, Residential Property Owners

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Department of Labor Makes Its Move

With just more than a year left in this administration, the U.S. Department of Labor (“DOL” or “Department”) has rolled out two major initiatives that promise to keep employers busy ensuring they are in compliance. First, in a…more

Administrative Exemption, DOL, Exempt-Employees, Fluctuating Workweek, Independent Contractors

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Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

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Chief Financial Officers Focus on Today and the Future: An Interview

We interviewed Michelle Crook, CFO of the Bank of Botetourt, and Chris Snodgrass, CFO for Bank of Marion, for our Community Banking Excellence this quarter. We wanted to know what primary forces are affecting chief financial…more

Banks, CFOs, Community Banks

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The Shale Play Today - February 2015

In This Issue: - Now is the WOTUS of Our Discontent.....: "Waters of the United States" or "WOTUS" in the esoteric taxonomy of the Clean Water Act ("CWA"), is a term with which many are becoming increasingly…more

Clean Water Act, Marcellus Shale, Oil & Gas, Pipelines, Severance Tax

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Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

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Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

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Contact

Spilman Center
300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States

  • 304.340.3800
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Areas of Practice
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