Spilman Thomas & Battle, PLLC

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

Is Summary Judgment Unavailable for Sexual Harassment Claims? The Impact of the Walker v. Mod-U-Kraf Ruling on Sexual Harassment Claims in the Fourth Circuit

In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of…more
| Civil Procedure, Civil Rights, Labor & Employment Law

SuperVision Today - February 2015

In this edition of SuperVision Today, Carrie Harris examines how a recent Fourth Circuit decision on the scope of harassment could apply to you, Milind Dongre reviews a recent United States Supreme Court decision regarding when…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Immigration Law

The Shale Play Today - February 2015

In This Issue: - Now is the WOTUS of Our Discontent.....: "Waters of the United States" or "WOTUS" in the esoteric taxonomy of the Clean Water Act ("CWA"), is a term with which many are becoming increasingly…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

AST Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 ("HB 2574") was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act…more
| Energy & Utilities, Environmental Law

Aboveground Storage Tank Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 (“HB 2574”) was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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Spilman Center 300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States

  • 304.340.3800
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