Spilman Thomas & Battle, PLLC

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Spilman Center
300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States
Phone: 304.340.3800
Fax: 304.340.3801
Areas of Practice
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • Pennsylvania
  • Virginia
  • West Virginia
Number of Attorneys
100+ Attorneys

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included in…more
 /  Elections & Politics, Energy & Utilities, Environmental Law

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,…more
 /  Civil Procedure, Conflict of Laws, Personal Injury, Products Liability, Real Estate - Residential

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules concerning…more
 /  Administrative Law, Communications & Media Law, Intellectual Property

Supreme Court Decides the Equitable Defense of Laches is No Longer Valid in Patent Cases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