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

Looking Back, Looking Forward – A 2015 Retrospective and 2016 Predictions

This past year has seen many changes in the community banking industry. Some of these issues we expected and some had more of an impact than maybe we would have thought. As we reflect and look forward to 2016, we asked several…more

Anti-Deficiency Provisions, Community Banks, Cybersecurity, Mergers

See all updates »

Estate Planning & Federal Tax Update - Winter 2013

With the American Taxpayer Relief Act of 2012 (the “ATRA ”) passed and the fiscal cliff safely averted, the time has come to turn your attention to your estate plan. What Did the ATRA Accomplish? The fiscal cliff threatened…more

American Taxpayer Relief Act, Capital Gains, Dividends, Estate Planning, Family Trusts

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Executive Compensation – It May be Limiting Your Choices

Many community banks have been under fire recently. Added regulatory burdens, additional disclosure responsibilities, cleaning up bad loans, streamlining the organization, staying ahead of cybersecurity threats, and, perhaps…more

Banks, Community Banks, Deferred Compensation, Executive Compensation

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North Carolina Statute of Repose Preempted by Superfund Discovery Rule

The United States Court of Appeals for the Fourth Circuit Court recently ruled that North Carolina’s statutes of repose and limitations is trumped by Superfund’s discovery rule, under which the limitation period for filing a…more

CERCLA, Discovery Rule, Preemption, Statute of Limitations, Statute of Repose

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The Shale Play Today - September 2013

In This Issue: - Deeper Resources: Rotruck Joins Spilman - EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells - Oil & Gas Lessees Retain Important Rights in W.Va. - Pa. Shale Industry…more

Endangered Species, Energy Exploration, Fees, Fracking, Oil & Gas

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Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

See all updates »

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

Assignments, Deed of Trust, MERS, Mortgages, Recording Acts

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OSHA Updates Reporting and Recordkeeping Rule

In the September 18, 2014 Federal Register, the Occupational Safety and Health Administration (“OSHA”) published revisions to 29 CFR Part 1904 with respect to updated reporting and recordkeeping requirements. Employers located…more

Employer Liability Issues, Enforcement, Guidance Update, OSHA, Recordkeeping Requirements

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Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the market…more

Commercial Leases, Commercial Property Owners, Covenants that Run With the Land, Easements, Parking Lots

See all updates »

Senate Approves Trump Nominee for General Counsel of NLRB: How This Will Impact Non-Union Employers

On November 8, 2017, the U.S. Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board ("NLRB" or "Board"). In private practice, Robb was a noted critic of the NLRB under the Obama…more

Administrative Appointments, NLRB, NLRB General Counsel, Non-Union, Presidential Nominations

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West Virginia, Tightening the Belt, and Growth - Financing Public Improvements in Lean Budget Times

Since 2008, many state and local governments around the country have faced budget challenges. As lawmakers struggle to produce balanced budgets in the face of declining revenues, investment in public improvements, such as…more

Competitive Bidding, Construction Industry, Department of Transportation (DOT), Infrastructure, Land Developers

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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

Aboveground Storage Tanks, Department of Environmental Protection, Hazardous Substances, Legislative Amendments, Oil & Gas

See all updates »

Discussing the Two Pillars of America's Main Street Economy - An Interview with Larry F. Mazza, CEO of MVB Bank, Inc.

Larry Mazza is Chief Executive Officer of MVB Financial Corp., the parent of West Virginia-based MVB Bank, Inc. Mr. Mazza also serves on the MVB Financial Corp. Board of Directors. He is a recognized name in West Virginia…more

See all updates »

Trendy Building Material May Cause Future Problems

We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured…more

Building Codes, Construction Defects, Construction Industry, Construction Project, Manufacturers

See all updates »

West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB…more

Actual or Constructive Knowledge, Employer Liability Issues, Proposed Legislation, Workplace Hazards

See all updates »

Highmark Properties Revisited: Lender Credit Bids

The dust has yet to settle on the landmark decision of High Point Bank & Trust Co. v. Highmark Properties, LLC, 776 S.E.2d 838 (N.C. 2015). Before delving into the decision that should serve as a harbinger of imminent and…more

Anti-Deficiency Provisions, Borrowers, Community Banks, Credit Bids, Fair Market Value

See all updates »

Off the Reservation (of Rights): South Carolina Speaks on CGL Insurer Notification Requirements

Lawsuits over defective construction are common in South Carolina. So, when a construction company covered by a CGL insurance policy is sued over an alleged construction defect, the insurance company may agree to defend the…more

Commercial General Liability Policies, Compensatory Damages, Conflicts of Interest, Construction Defects, Construction Industry

See all updates »

Lenders Versus Mechanics’ Liens in West Virginia: A Question of Priorities

Finally! After days, weeks, sometimes even months of waiting, you as the lending officer received approval from corporate that underwriting has just approved your borrower and you can proceed with the term sheet. Time to put…more

Lenders, Liens, Loan Servicer, Loans, Underwriting

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Regulations and More Regulations: Pa. Proposes Methane Reductions

On January 19, 2016, Pennsylvania Governor Tom Wolf announced a framework for reducing methane emissions from the oil and gas sector in the state. The Governor touted that as the second-largest producer of natural gas in the…more

Climate Change, Department of Environmental Protection, EPA, General Permit, Governor Wolf

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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

Affidavits, Audits, Burden of Proof, Goods or Services, Trademark Act

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2017 and the West Virginia Legislature - The Year of the Employer

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act, West…more

Construction Industry, Criminal Convictions, Drug Testing, Legislative Agendas, Medical Marijuana

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The Oil and Natural Gas Industry: The Impacts and Uncertainty Continue

By now we’ve all seen the headlines: “Oil crashes below $27 a barrel,” “Oil prices likely to remain low 3-5 years” and “U.S. oil bankruptcies spike 379%.” At first, these headlines seemed a little “distant” to me. It seemed…more

Commercial Bankruptcy, Community Banks, Natural Gas, OECD, Oil & Gas

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Getting the Dreaded Plaintiff's Letter: Businesses Being Sued for the Accessibility of Their Websites

A rash of lawsuits are being filed around the country against businesses and retailers, claiming their websites are not accessible to those with visual or hearing impairments. These lawsuits are being filed under Title III of…more

ADA, Attorney's Fees, Disability Discrimination, DOJ, Injunctive Relief

See all updates »

ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globalization

It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and…more

Amended Regulation, American Bar Association (ABA), Confidential Information, Corporate Counsel, Global Economy

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Spilman Alert - Breaking Insights: Shutting Another Door on Suing Insurance Companies in West Virginia

The West Virginia Supreme Court of Appeals recently closed an avenue for bad faith claims. In this case, the insured, CMD, sued its own liability insurance company, State Auto, for not settling the claims asserted against it by…more

Appeals, Bad Faith, Breach of Contract, Construction Project, Insurance Litigation

See all updates »

How to Survive the Department of Labor’s Wage and Hour Enforcement

As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in a…more

Audits, DOL, FLSA, Independent Contractors, Recordkeeping Requirements

See all updates »

Nuts and Bolts of the Home Rule Program Application Sales and Use Taxes

This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in…more

Business Taxes, Home Rule States, Local Ordinance, Municipalities, Sales & Use Tax

See all updates »

Off the Reservation (of Rights): South Carolina Speaks on CGL Insurer Notification Requirements

Lawsuits over defective construction are common in South Carolina. So, when a construction company covered by a CGL insurance policy is sued over an alleged construction defect, the insurance company may agree to defend the…more

Commercial General Liability Policies, Compensatory Damages, Conflicts of Interest, Construction Defects, Construction Industry

See all updates »

Views from the Footprint - Banking, Collateral, Default and Foreclosure Question

In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The…more

Banks, Collateral, Community Banks, Foreclosure, Mortgages

See all updates »

Currents - Energy Industry Insights - January 2018 - Issue 3

Northeast Could be Second U.S. Petrochemical Hub - "'While the region with its ample and reliable supply of ethane is primed for the emergence as a second major petrochemical manufacturing hub in the United States, it faces…more

BP, Climate Change, Economic Sanctions, Electricity, Environmental Litigation

See all updates »

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 Credit Protection, Debt Collection, FDCPA, Statutory Penalties, Venue

See all updates »

From Red to Black: Using Tax Credit Programs to Complete the Project

Similar to other industries in today’s economy, our contractor and developer clients deal in a highly competitive marketplace. As contractors and developers seek opportunities to expand business, they should consider some less…more

Construction Industry, Historical Rehabilitation, Investment Funds, Investment Tax Credits, Land Developers

See all updates »

SuperVision - Labor & Employment Law Insights - December 2017

The Editors' Note - Welcome to the fourth quarter edition of SuperVision, the quarterly e-newsletter published by Spilman's Labor & Employment Group. With the recent headlines dominated by stories of individuals coming…more

ADA, CDC, Employee Handbooks, Employment Policies, Flu Shot Rule

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WVSCA Decision Strengthens Enforcement of Agreements to Arbitrate

On June 19, 2013, the West Virginia Supreme Court of Appeals (“the Court” or “WVSCA”) issued an important decision that bolsters the ability of financial institutions and other defendants to enforce arbitration agreements…more

Arbitration, Arbitration Agreements, SCOTUS, Unconscionable Contracts

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ALERT: West Virginia Business Courts Division - Amendments to the Rules

For the past several years, Spilman Thomas & Battle has been an active participant in the West Virginia Business Court Division ("BCD"). After two years of cases, the BCD's leaders presented improvements to the West…more

Business Court Division, Proposed Amendments

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Reversing the Course: Changes Coming to the NLRB - The Board Reverses Course on Handbooks and Joint Employers While the General Counsel Announces More to Come

Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior…more

Cameras, Employee Handbooks, Joint Employers, NLRA, NLRB

See all updates »

The Site Report - Construction Law Insights - December 2017

Welcome to the first issue of our newly redesigned e-newsletter for the construction industry. The name and look of this publication may have changed, but one thing remains the same: our dedication to providing insightful,…more

Building Standards, Commercial General Liability Policies, Construction Industry, Construction Project, Infrastructure Financing

See all updates »

Immediate Strategies for Responding to the #MeToo Movement and Harassment in the Workplace

As a result of troubling personal accounts of sexual harassment that have permeated coverage on national media outlets and our social media accounts during the past few months, employers may appropriately question whether they…more

Anti-Harassment Policies, Complaint Procedures, Corporate Counsel, Corporate Culture, EEOC

See all updates »

Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?

A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect and…more

Bids, Competitive Bidding, Contract Formation, Contractors, General Contractors

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DRI Continues its Advocacy for Improvements to the Civil Justice System

Times change and so must our rules of civil procedure. DRI is a leader in the process of public and written comment to the proposed amendments to the Federal Rules of Civil Procedure. The federal Advisory Committee on…more

Electronically Stored Information, Federal Rules of Civil Procedure, Proposed Amendments, Public Comment

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West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

House Bill 2011 was introduced in the West Virginia legislature by the new Republican majority on the first day of the legislative session. This same bill was introduced in the Senate as Senate Bill No. 11. The purpose of HB…more

Actual or Constructive Knowledge, Employer Liability Issues, Proposed Legislation, Workplace Hazards

See all updates »

Revoked: CMS's New Take on Record Retention and Access

Recently, we have noticed an alarming increase within the Spilman footprint of revocations by the Centers for Medicare & Medicaid Services ("CMS") of physicians' Medicare billing privileges. In particular, CMS has been targeting…more

CMS, Constitutional Challenges, DMEPOS, Health Care Providers, Home Health Care

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Breaking Insights: U.S. Senate Disapproves Consumer Financial Protection Bureau's Rule

U.S. Senate disapproves Consumer Financial Protection Bureau's rule prohibiting arbitration clauses in consumer contracts with Vice President Pence casting the tie-breaking vote…more

Arbitration, Arbitration Agreements, Bank Accounts, CFPB, Consumer Financial Products

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Spilman Alert - Breaking Insights: Shutting Another Door on Suing Insurance Companies in West Virginia

The West Virginia Supreme Court of Appeals recently closed an avenue for bad faith claims. In this case, the insured, CMD, sued its own liability insurance company, State Auto, for not settling the claims asserted against it by…more

Appeals, Bad Faith, Breach of Contract, Construction Project, Insurance Litigation

See all updates »

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

See all updates »

Leaning In – Pennsylvania Refining the Mechanic’s Lien Law

Pennsylvania has continued to refine its mechanic’s lien law in recent years, and next year will bring the most sweeping changes ever for owners and contractors that work on larger projects…more

Construction Industry, Databases, General Contractors, Lenders, Lien Release

See all updates »

Spilman Alert - Breaking Insights: Shutting Another Door on Suing Insurance Companies in West Virginia

The West Virginia Supreme Court of Appeals recently closed an avenue for bad faith claims. In this case, the insured, CMD, sued its own liability insurance company, State Auto, for not settling the claims asserted against it by…more

Appeals, Bad Faith, Breach of Contract, Construction Project, Insurance Litigation

See all updates »

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

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

Affordable Care Act, Pay Equity Laws, Trump Administration

See all updates »

Community Banking Excellence - Fourth Quarter 2012

In This Issue: - Conversation with a Community Banking Professional By Timothy R. Moore - Signs of a Federal Investigation by Sharon L. Potter - Why is Your Bank or Bank Holding Company Still a Public…more

See all updates »

Currents - Energy Industry Insights - January 2018 - Issue 3

Northeast Could be Second U.S. Petrochemical Hub - "'While the region with its ample and reliable supply of ethane is primed for the emergence as a second major petrochemical manufacturing hub in the United States, it faces…more

BP, Climate Change, Economic Sanctions, Electricity, Environmental Litigation

See all updates »

Immediate Strategies for Responding to the #MeToo Movement and Harassment in the Workplace

As a result of troubling personal accounts of sexual harassment that have permeated coverage on national media outlets and our social media accounts during the past few months, employers may appropriately question whether they…more

Anti-Harassment Policies, Complaint Procedures, Corporate Counsel, Corporate Culture, EEOC

See all updates »

Reversing the Course: Changes Coming to the NLRB - The Board Reverses Course on Handbooks and Joint Employers While the General Counsel Announces More to Come

Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior…more

Cameras, Employee Handbooks, Joint Employers, NLRA, NLRB

See all updates »

The Rise of Managed Care Audits and Reimbursement Demands in the Wake of the ACA

If the summer of 2017 demonstrated anything, it is that health care remains a complex and contentious industry. One of its many complications stems from the natural tension between health care providers and health care insurers…more

Affordable Care Act, Audits, Clawbacks, CMS, Demand Letter

See all updates »

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to…more

Act 13, Confidentiality Policies, Constitutional Challenges, Corporate Takings, Department of Environmental Protection

See all updates »

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to…more

Act 13, Confidentiality Policies, Constitutional Challenges, Corporate Takings, Department of Environmental Protection

See all updates »

Breaking News: America’s Next Energy Hub - Philadelphia Dealt a Major Setback

In 2012, the city of Philadelphia announced plans to privatize the Philadelphia Gas Works ("PGW"). PGW is the nation’s largest municipality-owned natural gas utility with more than 6,000 miles of gas mains and service pipes…more

Marcellus Shale, Municipalities, Natural Gas, Oil & Gas, Private Utility

See all updates »

Trendy Building Material May Cause Future Problems

We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured…more

Building Codes, Construction Defects, Construction Industry, Construction Project, Manufacturers

See all updates »

Spring Cleaning Comes Early: The Affordable Care Act and the Importance of Updating ERISA Plan Documents

The year 1974 was a watershed for employee benefits. For the first time, the federal government undertook the complicated task of providing a statutory and regulatory framework for employee benefit plans and employee pension…more

Affordable Care Act, Benefit Plan Sponsors, Employee Benefits, Employer Group Health Plans, Employer Liability Issues

See all updates »

Patents for Billion Dollar Restasis Drug Under Siege

Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe…more

Allergan Inc, Exclusive Licenses, Inter Partes Review (IPR) Proceeding, IP License, Litigation Strategies

See all updates »

Virginia Legislation Significantly Impacts Construction Industry

At its recently-concluded 2015 Regular Session, the Virginia General Assembly passed legislation which will significantly affect those persons who deal with potential mechanic’s lienors. The revision to section 43-3 of the…more

Construction Industry, Material Suppliers, Mechanics Lien, New Legislation, Subcontractors

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Righting a Wrong in West Virginia – The Residential Construction Right to Cure

In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is…more

Construction Contracts, Construction Defects, Homeowners, Notice Requirements, Residential Property Owners

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Did You Get the Shot? Religious Exemptions to Employer Mandated Flu Vaccinations

The last months of the year are marked by holidays, family, snow days -- and influenza, commonly known as the flu. For the 2017-2018 flu season, the Center for Disease Control ("CDC") recommends adults receive an injectable flu…more

CDC, Civil Rights Act, EEOC, Employer Liability Issues, Employment Policies

See all updates »

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to…more

Act 13, Confidentiality Policies, Constitutional Challenges, Corporate Takings, Department of Environmental Protection

See all updates »

Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

See all updates »

Community Financial Institutions “Trolled” for Website Accessibility

Many financial institutions across the nation are receiving threatening letters claiming that their websites are not accessible as required by the Americans with Disabilities Act (“ADA”). The letters first went to financial…more

ADA, Community Banks, Demand Letter, DOJ, Financial Institutions

See all updates »

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

Clean Water Act, Marcellus Shale, Oil & Gas, Pipelines, Severance Tax

See all updates »

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the…more

Clean Power Plan, EPA, Greenhouse Gas Emissions, Order to Stay, Power Plants

See all updates »

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

Blue Pencil Contract Modification, Breach of Duty, Confidential Information, Duty of Loyalty, Employment Contract

See all updates »

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

Aboveground Storage Tanks, Department of Environmental Protection, Hazardous Substances, Legislative Amendments, Oil & Gas

See all updates »

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the market…more

Commercial Leases, Commercial Property Owners, Covenants that Run With the Land, Easements, Parking Lots

See all updates »

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