Spilman Thomas & Battle, PLLC

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
| Commercial Law & Contracts, Construction Law, Elections & Politics, Real Estate - Commercial, Real Estate - Residential

The Construct - May 2015

In This Issue: - Construction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice: For those of us who commonly represent lenders, there is nothing more unsettling than…more
| Construction Law, Elections & Politics, Finance & Banking, Real Estate - Residential, Transportation

Testing, testing....EEOC Starts Its New Digital Charge Program

Employers in the Carolinas are part of an Equal Employment Opportunity Commission (“EEOC”) test program designed to “streamline” the employment discrimination charge process. As of May 1st, the EEOC’s field offices in Charlotte,…more
| Civil Procedure, Civil Rights, Labor & Employment Law

West Virginia Amends Wage Payment Act to Ease Burdens on Employers

The West Virginia Legislature has brought West Virginia more in line with its neighbors in regulating how employers must pay former employees upon the employee’s departure. Historically, West Virginia has imposed different…more
| Labor & Employment Law

W.Va. Senate Bill 423 Amends Aboveground Storage Tank Act

Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the “AST Act” or “Act”), W. Va. Code §§ 22-30-1 et seq., representatives of the industries most impacted by the expansive and detailed AST Act had…more
| Elections & Politics, Energy & Utilities, Environmental Law

The Shale Play Today - March 2015

In This Issue: - West Virginia Senate Bill 423 Amends Aboveground Storage Tank Act: Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the "AST Act" or "Act"), W. Va. Code §§ 22-30-1 et…more
| Energy & Utilities, Environmental Law, International Law & Trade, Science, Computers, & Technology

Supreme Court Provides TILA Home Loan Rescission Guidance

In a recent unanimous decision, the United States Supreme Court held that a borrower exercising her right to rescind a mortgage loan under the Truth in Lending Act (“TILA”) merely had to provide written notice of rescission…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

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
| Civil Procedure, Civil Rights, Labor & Employment Law

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 Protection, Elections & Politics, Finance & Banking

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

All Consuming - Legal Updates for Consumer Finance Professionals

In This Issue: - Supreme Court Provides TILA Home Loan Rescission Guidance - West Virginia Legislature Proposes Changes to the WVCCPA - Defeating Another Challenge to the Mortgage Electronic Registration…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Real Estate - Residential

NLRB Tightens Arbitration Deferral Standards

The National Labor Relations Board (“Board” or “NLRB”) has long limited its involvement in disputes between employers and unions concerning labor agreements that provide for binding arbitration where the disputes involve…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

“Ruff” Days at the Office: Service Dogs (and Other Animals) in the Workplace

With everything from alpacas, pigs and turkeys, to even a snake being claimed as service animals, it is not surprising that many business owners are asking what truly qualifies as a “service animal” under the law…more
| Civil Rights, Labor & Employment Law

How Employers Need to Address New Individuals or Identities in the Workplace

On November 20, 2014, President Obama announced an Immigration Accountability Executive Action that, among other things, provides new or expanded immigration benefits to certain unauthorized immigrants. The expanded Deferred…more
| Civil Rights, Elections & Politics, Labor & Employment Law, Immigration Law

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
| Civil Procedure, Labor & Employment Law
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Contact

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

  • 304.340.3800
  • 304.340.3801

Areas of Practice
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Other U.S. Locations
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100+ Attorneys

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