Spilman Thomas & Battle, PLLC

The Department of Labor Finalizes the New Overtime Rules

Salary basis adjusted down from the proposed rule, but still much higher than current rule. New requirement goes into effect December 1, 2016. The Department of Labor (“DOL”) has slightly modified its proposed rule…more
| Labor & Employment Law

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 Law & Contracts, Health, Insurance, Privacy

Employment Law Changes in the 2016 West Virginia Legislative Session [Video]

The 2016 West Virginia Legislative Session saw several controversial bills arise, including the “Establishing WV Workplace Freedom Act,” also referred to as the right-to-work bill. How will this newly enacted law affect West…more
| Labor & Employment Law

The Must Haves for an Effective (and Defensible) Workplace Investigation [Video]

When employment problems arise, the first thing a good HR professional will do is investigate the claims. But what does a good investigation look like, and what do you need to consider during your investigation to head off or…more
| Labor & Employment Law

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
| Bankruptcy, Energy & Utilities, Finance & Banking

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
| Civil Procedure, Electronic Discovery, Labor & Employment Law

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

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
| Civil Rights, Labor & Employment Law

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
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

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
| Business Organizations, Finance & Banking

Community Banking Excellence - First Quarter 2016

In This Issue: - Another Perspective: 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…more
| Bankruptcy, Energy & Utilities, Finance & Banking, Privacy, Real Estate - Commercial

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
| Administrative Law, Health, Labor & Employment Law, Privacy

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
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

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
| Elections & Politics, Government Contracting, Labor & Employment Law

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
| Civil Procedure, Civil Rights, Labor & Employment Law, Privacy
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Spilman Center
300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States

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