Spilman Thomas & Battle, PLLC

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

  • 304.340.3800
  • 304.340.3801

Aboveground Storage Tank Act Interpretive Rule

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Toxic Torts

A Look Ahead – What’s Next for the Oil & Gas Industry in 2014

With 125 days left in 2014, we find ourselves looking at What’s Next for the oil & gas industry in the Marcellus and Utica Shale Plays for the remainder of 2014. It has been an eventful year and with just four months until 2015,…more
| Energy & Utilities, Environmental Law, Taxation

The Shale Play Today - August 2014

In This Issue: - A Look Ahead - What's Next for 2014: With 125 days left in 2014, we find ourselves looking at What's Next for the oil & gas industry in the Marcellus and Utica Shale Plays. It has been an eventful…more
| Constitutional Law, Energy & Utilities

Is Sexual Orientation Including Gender Identity the Next Universally Protected Class in Employment Law?

On July 21, 2014, President Obama signed an executive order expanding protection of employees of the federal government provided by Executive Orders 11478 and 11246. Specifically, individuals in federal employment cannot be…more
| Civil Rights, Labor & Employment Law, Government Contracting

Recent Developments for Federal Contractors

Companies and individuals seeking to do business with the federal government have been targeted in the “year of action” promised by President Barack Obama. The President has taken steps to impose a number of additional labor and…more
| Civil Rights, Elections & Politics, Labor & Employment Law, Government Contracting

EEOC Ratchets Up Focus on Pregnancy Discrimination with Updated Guidance

The U.S. Equal Employment Opportunity Commission’s recent guidance regarding pregnancy discrimination in the workplace heralds that agency’s renewed focus on that topic. After three decades of silence on the issue of pregnancy…more
| Civil Rights, Labor & Employment Law

One Step Closer to the Supreme Court: The Fate of Obamacare Premium Tax Credits in the Face of the Circuit Split

Last month, two federal courts of appeals issued opposing decisions on whether the Patient Protection and Affordable Care Act (the “ACA”) permitted subsidies, in the form of premium tax credits, to health coverage bought through…more
| Civil Procedure, Labor & Employment Law, Health, Insurance, Taxation

SuperVision Today - August 2014

In This Issue: - Recent Developments for Federal Contractors - The Fate of Obamacare Premium Tax Credits - Sexual Orientation and Gender Identity the Next Protected Class? - EEOC Ratchets Up Focus on Pregnancy…more
| Civil Rights, Labor & Employment Law, Health, Government Contracting

The Small Servicer Exemption to the Consumer Financial Protection Bureau’s Mortgage Servicing Rules

This year ushered in new mortgage servicing rules promulgated by the Consumer Financial Protection Bureau (“Bureau”). The rules implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more
| Finance & Banking, Consumer Protection, Real Estate - Residential

Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions

America’s fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting in the introduction of a “zombie debt” bill, House Bill 4360. The bill, as introduced, was designed to…more
| Civil Procedure, Finance & Banking, Consumer Protection

Disputing Debts under the FDCPA – The Effect of the Fourth Circuit’s Opinion in Clark v. Absolute Collection Service, Inc.

In January of this year, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first impression…more
| Civil Procedure, Finance & Banking, Consumer Protection

All Consuming: Legal Updates for Consumer Finance Professionals - July 2014

In This Issue: - Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions: America's fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting in…more
| Civil Procedure, Finance & Banking, Consumer Protection

Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury

Killing the Economy to Allegedly Save the World: The Present Failure and Future Promise of US Energy Policy

The pursuit and articulation of any type of “policy” is, by nature, aspirational. Societies via their governments, and to some degree private institutions, identify conditions they would ideally like to see actualized in some…more
| Energy & Utilities, Environmental Law

Observations of the Sixth Annual Developing Unconventional Gas Conference

I had the great learning experience of attending The Sixth Annual Developing Unconventional Gas Conference, known as DUG East, earlier this month. The conference is based around the sharing of ideas, performance updates, and…more
| Energy & Utilities
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