Spilman Thomas & Battle, PLLC

Supreme Court Decides the Equitable Defense of Laches is No Longer Valid in Patent Cases

The Supreme Court’s recent ruling in SCA Hygiene v. First Quality, has eliminated the long-standing principle of laches in patent cases. On March 21, 2017, in an opinion written by Justice Alito, the Court held that laches…more
| Civil Procedure, Civil Remedies, Intellectual Property

Aboveground Storage Tanks - Current Implementation Issues & Potential Statutory Changes  [Video]

Spilman Environmental Law attorneys Mark Clark and David Yaussy discuss some of the most current issues in West Virginia's AST regulation, such as secondary containment, leak detection and cathodic protection, tank closure, and…more
| Environmental Law

Mind the Gap: The Expansion of Pay Equality Laws in 2017  [Video]

Over the past year, the passage of equal pay laws in a number of states as well as the federal government’s focus on pay equity have led to a rise in litigation involving pay discrimination. Awareness of the most recent pay…more
| Labor & Employment Law

Bitcoin and the IRS - The Battle Continues

Dispute is heating up over IRS’s attempts to get personal information about users of Bitcoin and other virtual currencies. Last November, the Internal Revenue Service (“IRS”) filed a petition in the United States District…more
| Civil Procedure, Finance & Banking, Privacy, Science, Computers, & Technology, Taxation

An Argument for the Use of Stock Options with Forfeiture Clauses for Breach of Duty of Loyalty

Introduction Jimmy John’s In 2014, Emily Brunner (“Brunner”) and Caitlin Turowski (“Turowski”) filed a complaint in Illinois against the sandwich company, Jimmy John’s, and its franchise affiliates. The complaint was amended to…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Green Grass and High Tides: The Pennsylvania Medical Marijuana Act

On April 17, 2016, Governor Tom Wolf signed Pennsylvania’s medical marijuana program into law, making it the 24th state with a comprehensive medical marijuana program. The new law — Act 16 or the “MMA” — will protect registered…more
| Civil Rights, Labor & Employment Law

OSHA’s Anti-Retaliation Rule – Three Things Employers Should Do Now

A Texas federal court has refused to enjoin OSHA’s new rule regarding workplace safety and injury reporting, which went into effect on December 1, 2016. Similar to employers’ recent successful challenge of the DOL’s overtime…more
| Civil Remedies, Labor & Employment Law

The Doctor is In - DOL Issues Final Rule Requiring Paid Sick Leave for Employees of Federal Contract

On September 29, 2016, the Department of Labor (“DOL”) issued regulations (the ”final rule”) implementing Executive Order 13706, which requires federal contractors to provide paid sick leave to their employees. The final rule…more
| Government Contracting, Labor & Employment Law

SuperVision Today - December 2016

Notes from the Chair and Executive Editor - Welcome to the final edition of SuperVision Today for 2016. The topic that has consumed the time and interest of many human resource professionals in recent days has been the…more
| Government Contracting, Labor & Employment Law

Correction – Let’s Amend This Trademark: Part Five of Our Trademark Series

In our previous four articles in our trademark series, we discussed mandatory and optional filings for maintaining and protecting your marks, in order to avoid abandonment or cancellation. The final segment of our trademark…more
| Intellectual Property

Mitigate the Risk of a Lawsuit Related to Workplace Injuries  [Video]

Preparation is very important for knowing which steps to take when an injury occurs in the workplace. It can be difficult to anticipate every possible circumstance. However, by revealing possible risks for litigation and best…more
| Labor & Employment Law

Federal Court Blocks Implementation of Overtime Rule

Yesterday, November 22, 2016, a Texas federal judge entered a nationwide injunction blocking the Department of Labor's revisions to the overtime rule -- mainly the increase in the salary basis -- that was set to go into effect…more
| Civil Remedies, Labor & Employment Law

Who Will Inspect the Inspectors? Implications of Winkler v. State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors on the Construction Industry

On September 20, 2016, certain construction trades entered into a Wild West era of deregulated inspection services. Inspections of already installed plumbing, heating and air conditioning, and fire sprinkler systems appear no…more
| Administrative Law, Construction Law, Elections & Politics, Zoning, Planning & Land Use

To Arbitrate Or Not To Arbitrate – Or Do We Even Get To That Question?

Chances are that if you work in the construction industry, you have had at least one construction dispute. The longer you work in the construction industry, the greater chance you have of encountering a dispute that does not go…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, Real Estate - Residential

They Did What? Fire Sprinkler Industry Stunned by North Carolina Legislature’s Mistake in Removing Licensing Board’s Authority to Issue Critical Licenses

North Carolina’s legislature mistakenly removed the authority for the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors (“State Board”) to issue certain crucial industry licenses. On July 1, 2016, the…more
| Construction Law, Elections & Politics, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use
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Spilman Center
300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States

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