Spilman Thomas & Battle, PLLC

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

  • 304.340.3800
  • 304.340.3801

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

Banks, CFPB, FDIC, Federal Reserve, NCUA

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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 impression…more

Debt, Debt Collection, FDCPA, UDAAP

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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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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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The TCPA: Take Care, Pitfalls Ahead

For more than twenty years, the federal government has attempted to limit the number of unsolicited phone calls consumers receive through the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), which is perhaps best…more

Do Not Call List, FCC, TCPA

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ERISA Fiduciary Duties and the Tension Between the Affordable Care Act and the Religious Freedom Restoration Act

The Patient Protection and Affordable Care Act ("ACA") has significantly changed the healthcare industry in the United States. Among the many changes is the new requirement that healthcare providers must provide all "Food and…more

Affordable Care Act, Contraceptive Coverage Mandate, Contraceptives, ERISA, FDA

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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

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They're BACK! NLRB Reissues Ambush Election Amendments to Union Election Procedures

THE CHANGE: Earlier this morning, the NLRB revived its proposed amendments to the representation election procedures that would dramatically cut down the time between a union representation petition and the actual union vote by…more

Ambush Election Rules, NLRB, Union Elections

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Comprehensive Summary Of Final Senate Bill 373

On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that will…more

Drinking Water, Storage Tanks, Water Supplies

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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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Comprehensive Summary Of Final Senate Bill 373

On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that will…more

Drinking Water, Storage Tanks, Water Supplies

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Quickie Elections and You: What Employers Need to Know about NLRB’s Proposed Rule Changes

In 2011, the National Labor Relations Board (“NLRB” or the “Board”) issued proposed changes to its election rules for the purposes of speeding up the election process. These so-called “quickie” election rules were adopted by the…more

Administrative Hearings, Eligibility, Employer Mandates, NLRB, Quickie Election Rules

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EEOC Ratchets Up Focus on Pregnancy Discrimination with Updated Guidance

The U.S. Equal Employment Opportunity Commission’s recent guidance regarding pregnancy discrimination in the workplace heralds that agency’s renewed focus on that topic. After three decades of silence on the issue of pregnancy…more

EEOC, Employee Rights, Employer Liability Issues, Pregnancy, Pregnancy Discrimination

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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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Administration’s Climate Action Plan Breathes New Life Into Oil and Natural Gas Air Regulations

On March 28, 2014, the White House released its Climate Action Plan Strategy to Reduce Methane Emissions. The oil and natural gas sectors are clearly in the cross-hairs for reductions. The report indicates the oil and natural…more

Clean Air Act, Climate Action Plan, EPA, Methane, Natural Gas

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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, Hayseeds

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Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held…more

Actual or Constructive Knowledge, Anti-Harassment Policies, Discrimination, Hostile Environment, Race Discrimination

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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

ABA, Amended Regulation, Confidentiality, 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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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

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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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The Small Servicer Exemption to the Consumer Financial Protection Bureau’s Mortgage Servicing Rules

This year ushered in new mortgage servicing rules promulgated by the Consumer Financial Protection Bureau (“Bureau”). The rules implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Dodd-Frank, Farm Credit Administration, Mortgage Servicing Rules, Mortgages

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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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SuperVision Today - August 2014

In This Issue: - Recent Developments for Federal Contractors - The Fate of Obamacare Premium Tax Credits - Sexual Orientation and Gender Identity the Next Protected Class? - EEOC Ratchets Up Focus on Pregnancy…more

Affordable Care Act, EEOC, Employee Rights, Federal Contractors, Gender Identity

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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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Hersh v. E-T Enterprises Ltd. and The Elimination of the Open and Obvious Doctrine

On November 12, 2013, the West Virginia Supreme Court of Appeals released its decision in Hersh v. E-T Enterprises, Ltd., et al., No. 12-0106. This landmark decision overturns more than 100 years of West Virginia precedent by…more

Foreseeability, Negligence, Premises Liability, Trespass

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EPA Approves the New Phase I Standard

Many in the construction industry are familiar with Phase I testing as the first step in identifying environmental risk to any site. Since 2005, the industry standard for a Phase I has been the ASTM E 1527-05. Recently, however,…more

ASTM, Environmental Assessments, Environmental Impact Report, Environmental Policies, EPA

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SuperVision Today - August 2014

In This Issue: - Recent Developments for Federal Contractors - The Fate of Obamacare Premium Tax Credits - Sexual Orientation and Gender Identity the Next Protected Class? - EEOC Ratchets Up Focus on Pregnancy…more

Affordable Care Act, EEOC, Employee Rights, Federal Contractors, Gender Identity

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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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The Construct: Your Guide to Law in the Construction Industry - November 2013

In This Issue: - Contractor Alert: Help Available for Small Businesses in the HUB Zone Program: Recognizing that our country -- our "team," if you will -- is stronger when all our players are on the field and…more

Construction Contracts, Construction Defects, Contractors, Entrepreneurs, HUBZone

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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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Spilman Alert: W.Va. Supreme Court Rulings Impact Defense of Deliberate Intent Cases

The West Virginia Supreme Court of Appeals recently issued two rulings that have a significant impact on the way employers may defend cases brought under West Virginia's deliberate intent statute (W.Va. Code § 23-4-2). Concisely…more

Affirmative Defenses, Intent

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The TCPA: Take Care, Pitfalls Ahead

For more than twenty years, the federal government has attempted to limit the number of unsolicited phone calls consumers receive through the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), which is perhaps best…more

Do Not Call List, FCC, TCPA

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California Investment Firm and City Team Up to Erase Mortgages Through Eminent Domain

If a California investment firm and the City of Richmond, California have their way, the mortgage industry may face a new threat: a plan to use government’s eminent domain power to seize homes where homeowners owe more than…more

Eminent Domain, Mortgages, Takings

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How to Screw Up Vendor Management (and Live a More Exciting Life)

Are you bored? Is your bank running too smoothly? Do you miss those long, loud and involved conversations with your examiners, superiors or shareholders? If so, then screwing up vendor management may be right for you. Below are…more

Due Diligence, Vendor Contacts, Vendors

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“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the…more

ADA, Adverse Employment Action, Employee Rights, Employer Liability Issues, Essential Functions

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Indemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity

The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as…more

Commercial General Liability Policies, Contractors, Liability Insurance, Subcontractors, Third-Party

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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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Recent Developments for Federal Contractors

Companies and individuals seeking to do business with the federal government have been targeted in the “year of action” promised by President Barack Obama. The President has taken steps to impose a number of additional labor and…more

Barack Obama, Disclosure Requirements, Discrimination, EEO-1, Employer Liability Issues

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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, Geo-Software, Grants

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Construction Ahead: How Our Construction Industry is Fueled by the Energy Environment

In 2007, Global Business Network (“GBN”) released the report, “Energy Strategy for the Road Ahead.” The goal of the report was to “understand the factors that are likely to influence the U.S. energy environment in the…more

Construction Workers, Contractors, DOD, Energy, Energy Efficiency

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Observations of the Sixth Annual Developing Unconventional Gas Conference

I had the great learning experience of attending The Sixth Annual Developing Unconventional Gas Conference, known as DUG East, earlier this month. The conference is based around the sharing of ideas, performance updates, and…more

Energy, Liquid Natural Gas, Marcellus Shale, Natural Gas, Oil & Gas

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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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Will New LNG Export Activity Affect U.S. Natural Gas Prices?

Last week, the U.S. Department of Energy announced that it conditionally approved the first West Coast LNG terminal, the Jordan Cove Energy Project in Coos Bay, Oregon, for the export of up to 800 million cubic feet of gas per…more

Liquid Natural Gas, Natural Gas, Oil & Gas

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Enforcing Your Arbitration Agreement Just Became a Great Deal Easier

Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a…more

Arbitration, Arbitration Agreements, Unconscionable Contracts

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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, Zombie Funds

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A Virginia Mechanic's Lien Refresher, Courtesy of Jack Bays

In February 2013 the Supreme Court of Virginia handed down its decision in Jack Bays, a mechanic’s lien lawsuit involving the landowner, several lenders, the general contractor and no fewer than eleven subcontractors. Although…more

Appeals, Burden of Proof, Churches, Construction Contracts, Contractors

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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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Pa. Supreme Court Strikes Down Key Provisions of Act 13

The Pennsylvania Supreme Court held unconstitutional several key provisions of Act 13 — the legislature’s broad amendment to the Pennsylvania Oil and Gas Act. The Supreme Court invalidated Section 3304 of Act 13, which placed…more

Department of Environmental Protection, Energy, Oil & Gas

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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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One Step Closer to the Supreme Court: The Fate of Obamacare Premium Tax Credits in the Face of the Circuit Split

Last month, two federal courts of appeals issued opposing decisions on whether the Patient Protection and Affordable Care Act (the “ACA”) permitted subsidies, in the form of premium tax credits, to health coverage bought through…more

Affordable Care Act, Healthcare, Popular, Premiums, Subsidies

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Alert: West Virginia House Bill 4283 Raises Minimum Wage and Has Unintended Consequences

West Virginia Governor Earl Ray Tomblin signed House Bill ("HB") 4283 into law yesterday, April 1, 2014. The bill will raise West Virginia's minimum wage incrementally, from $7.25 per hour to $8 per hour on January 1, 2015, and…more

Minimum Wage, Wage and Hour, Wages

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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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Be Careful What You Wish For

Many community bankers have looked surprised at the “internationalization” of our banking rules. Standards coming out of the Basel Committee, particularly the Basel III Capital Rules, do not seem to fit community banks. The…more

Banks, Basel Committee, Basel III, Community Banks, EU

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Killing the Economy to Allegedly Save the World: The Present Failure and Future Promise of US Energy Policy

The pursuit and articulation of any type of “policy” is, by nature, aspirational. Societies via their governments, and to some degree private institutions, identify conditions they would ideally like to see actualized in some…more

Climate Change, Energy, Energy Policy

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Areas of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • North Carolina
  • Pennsylvania
  • Virginia
  • West Virginia
Number of Attorneys

100+ Attorneys

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