Spilman Thomas & Battle, PLLC

Maintaining Your Trademark Registrations-Part 2

Once you have obtained a U.S federal trademark registration, you must take certain steps to maintain the registration or else you risk losing your trademark protection. In this article, we discuss a key step in maintaining your…more
| Administrative Law, Intellectual Property

West Virginia Aboveground Storage Tank Act Becomes Effective

On August 1, 2016, the legislative rule promulgated to implement the Aboveground Storage Tank Act became effective. The Rule is 63 pages long and contains detailed requirements for registering, designing, installing, operating,…more
| Energy & Utilities, Zoning, Planning & Land Use

How to Maintain Your Trademark Registrations

This article explains filing deadlines and document requirements for maintaining federal trademark registrations with the U.S. Patent and Trademark Office (“USPTO”). The documentation for establishing proof of continued use of…more
| Communications & Media Law, Intellectual Property

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia…more
| Energy & Utilities, Environmental Law

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

Discrimination of LGBT is Sex Discrimination: EEOC Guidance Clearly Outlines the Commission’s Position

As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning…more
| Civil Rights, Labor & Employment Law

Let’s be “Friends” – Should I “Friend” My Employees? And Other Questions Raised by the Internet Privacy Protection Act

On the last day of the 2016 Regular Session, the West Virginia Legislature passed a bill that will require all West Virginia employers to evaluate their social media policies and practices. HB 4364, known as the Internet Privacy…more
| Communications & Media Law, Labor & Employment Law, Privacy

Easier Retaliation Claims on the Horizon? EEOC Proposes New Guidance

The Equal Employment Opportunity Commission (“EEOC”) is considering easing the burden a complaining employee faces to establish a claim for retaliation in proposed revisions to its Enforcement Guidance on Retaliation…more
| Civil Rights, Labor & Employment Law

SuperVision Today - June 2016

In this edition of SuperVision Today, Erin Jones Adams previews some major issues in avoiding liability in the emerging area of treatment of members of the LGBT community. Carrie Harris takes a look at the latest in the…more
| Civil Rights, Labor & Employment Law, Privacy

What’s Mine, Is Yours - Adverse Possession Against the Co-Owner in West Virginia

The question of whose land and/or minerals is whose in West Virginia is as old as the Appalachian Mountains. When it comes to natural gas titles and possession, one must take heed. Adverse possession is a doctrine under…more
| Civil Procedure, Energy & Utilities, Real Estate - Residential

The Shale Bankruptcy Boom Moves Midstream

The shale boom has given rise to another, less welcome boom: the bankruptcy boom. Thirty-five exploration and production (“E&P”) companies sought bankruptcy protection between July 1, 2014, and December 31, 2015, and this…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

A National Energy Plan: Should We Have One? Do We Have One? If So, Is It Working?

Before ultimately answering the questions posed in the title above on a National Energy Plan, in full disclosure it should be noted that I have been employed by and/or have been an investor in oil, natural gas, coal and solar…more
| Energy & Utilities

The Shale Play Today - Second Quarter 2016

In This Issue: A National Energy Plan: Should We Have One? Do We Have One? If So, Is It Working? Before ultimately answering the questions posed in the title above on a National Energy Plan, in full disclosure it…more
| Bankruptcy, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

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

  • 304.340.3800
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Areas of Practice
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Other U.S. Locations
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100+ Attorneys

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