Spilman Thomas & Battle, PLLC

Supreme Court Decision May Make It Easier for Borrowers to Sue for Discrimination

A recent decision of the Supreme Court of the United States may make it easier for borrowers to claim discrimination when denied a loan. In late June 2015, the Court addressed whether lawsuits brought under the Fair Housing Act…more
| Civil Procedure, Civil Rights, Finance & Banking, Taxation, Zoning, Planning & Land Use

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
| Civil Procedure, Finance & Banking, Wills, Trusts, & Estate Planning

SBA Lending May Be Critical to Future Community Banking

Headlines should read, “Congress and President Do Something Right!” On July 28, 2015, only one day after Congress passed the matter, the President signed into law an increase in Small Business Administration (“SBA”) lending,…more
| Business Organizations, Finance & Banking, Government Contracting

Classifying Your Workforce: The Impact of New DOL Guidance on Independent Contractors and Revisions to White Collar Exemptions Under the FLSA [Video]

Big changes are on the horizon for employers. The Department of Labor has recently proposed new regulations to the salary basis test for white collar exemptions and issued new guidance for independent contractors. This DOL is…more
| Labor & Employment Law

Unauthorized Transfers Present Growing Risks for Commercial Accounts

Could your institution be at risk of liability for unauthorized wire transfers and Automated Clearing House (“ACH”) credit transfers? Data security breaches continue to garner headlines, and criminals continue to engage in…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

How Bad is Dodd-Frank for Community Banks?

Congress passed the Dodd-Frank Act in June and July 2010 with minimal Republican support, and it was signed by President Obama July 21, 2010. Since passing, Dodd-Frank has been hailed, depending on who answers, as salvation for…more
| Finance & Banking

An Interview with David Barksdale, President and CEO of Carolina Premier Bank

Q: You recently took the helm of Carolina Premier. What has been the biggest surprise to you in your new role as a CEO? What has been the biggest surprise about Carolina Premier? A: Well, bankers are known not to…more
| Business Organizations, Finance & Banking

Community Banking Excellence - Third Quarter 2015

In This Issue: - Another Perspective: David Barksdale, President and Chief Executive Officer, Carolina Premier Bank: For the past several months, David Barksdale has been leading the charge at Carolina Premier Bank…more
| Civil Procedure, Finance & Banking

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that work…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Health, Labor & Employment Law, Taxation

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
| Civil Procedure, Finance & Banking, Labor & Employment Law, Securities Law

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
| Labor & Employment Law

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision…more
| Civil Rights, Health, Labor & Employment Law, Taxation

Facing Bank Merger Challenges - Top Challenges and Managing Them [Video]

Spilman Member Hugh B. Wellons, with Stephen M. Lane of Strategic Risk Associates, discuss the challenges to completing a successful bank merger. Learn what they believe to be the top challenges and how to manage them. This…more
| Finance & Banking, Mergers & Acquisitions

DOL to Target Independent Contractor Misclassification

Continuing a trend of increased scrutiny of independent contractor relationships, the U.S. Department of Labor (“DOL”) has issued new guidance to employers warning that "most workers" should be classified as employees and not…more
| Labor & Employment Law
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Charleston, WV 25321-0273, United States

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