Spilman Thomas & Battle, PLLC

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Attorney	Latest Publications
Erin Jones Adams	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 Under…more	See All Updates »
R. Scott Adams	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 an…more	See All Updates »
John Allevato	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	See All Updates »
R. Christopher Anderson	The Shale Play Today - December 2012 In This Issue: - The Natural Gas Industry: 2012 Year in Review & Look Ahead - Please Take Our Reader Survey - Spilman Member Speaks at National Environmental Conference - Statoil Acquires 70k Acres in Marcellus Shale…more Fracking, Marcellus Shale, Natural Gas, Oil & Gas	See All Updates »
Nathan B. Atkinson	The Shale Play Today - December 2012 In This Issue: - The Natural Gas Industry: 2012 Year in Review & Look Ahead - Please Take Our Reader Survey - Spilman Member Speaks at National Environmental Conference - Statoil Acquires 70k Acres in Marcellus Shale…more Fracking, Marcellus Shale, Natural Gas, Oil & Gas	See All Updates »
Michael Basile	The Shale Play Today - February 2013 In This Issue: - Tennessee Gas Pipeline Company Goes on the Offensive - West Virginia Legislature Focuses on Energy Bills - New Rules Proposed for Drilling Wastes in Ohio - Pa. Shale Gas Production Doubled Between…more Drilling Waste Disposal, Energy Policy, FERC, Infrastructure, Natural Gas	See All Updates »
H. Dill Battle III	Supreme Court Approves Vacating Prior PTD Award Summary - In Roy Justice v. West Virginia Office Insurance Commission and Lowe’s Home Centers, Inc., No. 11-0113 (W.Va. Nov. 14, 2012), the West Virginia Supreme Court of Appeals issued a significant decision impacting…more Disability	See All Updates »
Angela Beblo	Servicemembers Civil Relief Act: Provisions Affecting Banking Institutions According to December 2012 data from the federal Bureau of Labor Statistics, the unemployment rate for Gulf War Era veterans, hovering around eight percent, remains higher than the national rate. Over the last decade, more than…more Deed of Trust, Default, Foreclosure, Interest Rates, Mortgages	See All Updates »
David Bosak	The West Virginia Business Court Division - An Update On September 25, 2012, Spilman Thomas & Battle released an article discussing the key features of the new West Virginia Business Court Division (“BCD”). Since the date of that release, there have been multiple…more Business Court Division, Judicial Appointments, Presiding Judge, Resolution Judges, Rule 29	See All Updates »
M. Ann Bradley	The Shale Play Today - April 2013 In This Issue: - Pa. Supreme Court Issues Decision in Butler Case - Hydraulic Fracturing - Studies Without End - Pending Pa. Legislation Gives Incentives for Natural Gas Vehicles - Atlantic Natural…more Fracking, Incentives, Natural Gas	See All Updates »
Mark Clark	New Floodplain Ordinance Targets Oil and Gas Operations The County Commission in Doddridge County, West Virginia is currently considering amendments to its Floodplain Ordinance as a result of a December 17, 2012 decision by the Circuit Court of Doddridge County. (Comments to the…more Flood Zones, Local Ordinance, Municipalities, Oil & Gas	See All Updates »
Michael Connelly	Pa. Supreme Court Issues Decision in Butler Case On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the…more Dunham Rule, Expert Testimony, Marcellus Shale, Minerals, Natural Gas	See All Updates »
Larissa Dean	New Form I-9 Released March 8, 2013: Employers Required to Use New Form by May 7, 2013 U.S. Citizenship and Immigration Services (USCIS) implemented several long-awaited changes to the Form I-9 on March 8, 2013. Employers are urged to begin using the newly revised form immediately, and are required to do so by May…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Alyesha Asghar Dotson	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 Under…more	See All Updates »
James D. Elliott	The Shale Play Today - February 2013 In This Issue: - Tennessee Gas Pipeline Company Goes on the Offensive - West Virginia Legislature Focuses on Energy Bills - New Rules Proposed for Drilling Wastes in Ohio - Pa. Shale Gas Production Doubled Between…more Drilling Waste Disposal, Energy Policy, FERC, Infrastructure, Natural Gas	See All Updates »
Charity K. Flynn	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 ABA, Amended Regulation, Confidentiality, Global Economy, In-House Counsel	See All Updates »
Carrie Harris	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 Under…more	See All Updates »
Matthew Haydo	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 ABA, Amended Regulation, Confidentiality, Global Economy, In-House Counsel	See All Updates »
Carl Hellerstedt, Jr.	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	See All Updates »
Angela D. Herdman	Insuring Your Growing Assets in the Appalachian Shale Plays With the continued development of the Marcellus and Utica Shale, businesses in West Virginia, Pennsylvania and Ohio are experiencing rapid growth and facing many issues related to this growth they had not previously experienced…more Liability Insurance, Marcellus Shale	See All Updates »
Elliot Hicks	A New Approach to Dispense With Disputes Business owners grudgingly accept lawsuits as a part of doing business. If you’re doing what it takes to advance your business, you will suffer the bumps and bruises that will result in your name on a legal pleading. You may…more Early Dispute Resolution, Mediation, Settlement, Toro Company	See All Updates »
Eric W. Iskra	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 Under…more	See All Updates »
Heather Heiskell Jones	The West Virginia Business Court Division - An Update On September 25, 2012, Spilman Thomas & Battle released an article discussing the key features of the new West Virginia Business Court Division (“BCD”). Since the date of that release, there have been multiple…more Business Court Division, Judicial Appointments, Presiding Judge, Resolution Judges, Rule 29	See All Updates »
Jessica L. Kimble	Part II - How Will North Carolina Handle Forced Pooling? As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission by…more Consent, Forced Pooling, Fracking, Property Owners	See All Updates »
Eric E. Kinder	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 Under…more	See All Updates »
Travis Knobbe	When in Doubt, File a Motion: Trends Concerning Automatic Stay Violations Bankruptcy filings in Virginia, and nationwide, declined significantly in 2012, and it appears the decline is continuing in 2013. However, thousands of cases continue to be filed, and it is important for practitioners to…more Automatic Stay, Contempt, Creditors, Debtors, Wage Garnishment	See All Updates »
Sharon L Potter	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	See All Updates »
Brienne Marco	Servicemembers Civil Relief Act: Provisions Affecting Banking Institutions According to December 2012 data from the federal Bureau of Labor Statistics, the unemployment rate for Gulf War Era veterans, hovering around eight percent, remains higher than the national rate. Over the last decade, more than…more Deed of Trust, Default, Foreclosure, Interest Rates, Mortgages	See All Updates »
Timothy R. Moore	Participations, Assignments, Intercreditor Agreements and Syndications: These Terms Are Not Synonymous It appears that the industry is starting to “enjoy” a modest increase in activity as to participations, assignments and syndications. This “enjoyment” is not without more than a fair share of trepidation and reluctance, but the…more Assignments, Intercreditor Agreements, Loan Participations, Syndications	See All Updates »
Glen A. Murphy	Pay me once, pay me twice, pay me thrice? On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a…more Car Accident, Statutory Immunity, Subrogation, UI/UIM, Workplace Injury	See All Updates »
Peter Rich	Primer on West Virginia State Law Labor and Employment Claims On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment in…more Appeals, Dismissal With Prejudice, Federal Question Jurisdiction, FLSA, FMLA	See All Updates »
Arch Riley, Jr.	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, Geo-Software, Grants	See All Updates »
Bryan G. Scott	Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in the…more Mechanics Lien, Title Insurance	See All Updates »
Lindsay Griffin Smith	Supreme Court Approves Vacating Prior PTD Award Summary - In Roy Justice v. West Virginia Office Insurance Commission and Lowe’s Home Centers, Inc., No. 11-0113 (W.Va. Nov. 14, 2012), the West Virginia Supreme Court of Appeals issued a significant decision impacting…more Disability	See All Updates »
Dale W. Steager	The Shale Play Today - November 2012 In This Issue: - Independent Natural Gas Producers Challenge EPA Air Rules - W.Va. High Court Weighs in on Surface Owners' Appeal Rights - Insuring Your Growing Assets in the Appalachian Shale Gas Plays - River…more EPA, Shale Gas, Surface Owner	See All Updates »
Elizabeth Summers	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	See All Updates »
Richard Wallace	Easing the Time-frames: W.Va. Relaxes the Time in which Employer Must Pay Discharged Employees Because of recently-enacted changes to the West Virginia Wage Payment and Collection Act, West Virginia employers will have more time to pay final wages to discharged employees. Prior to this change, the Wage Payment and…more Hiring & Firing, New Legislation, Termination, Wages	See All Updates »
Karin Weingart	West Virginia Supreme Court Approves Impairment Tables Case Report - Gore v. WVOIC and Boone County Parks & Recreation Comm’n, (W.Va. 3/28/2013) - On March 28, 2013, the West Virginia Supreme Court of Appeals issued a decision supporting the ranges of permanent…more Damages, Permanent Disability, Permanent Impairments, Workplace Injury	See All Updates »
Hugh B. Wellons	Are You Using Your Holding Company? Many banks formed holding companies in the late 1980s and 1990s. They had various reasons for doing this. Some formed a holding company to hold subsidiaries providing nonbank activities. Some used the holding company to reduce…more Bank Holding Company, FDIC, Federal Reserve, Fees, OCC	See All Updates »

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