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
  • Alternative Dispute Resolution (ADR)
  • 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
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • North Carolina
  • Pennsylvania
  • Virginia
  • West Virginia
Number of Attorneys
100+ Attorneys

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 17

DeSantis May Strip Lawsuit Protection from Businesses Requiring COVID-19 Vaccinations - "Thus far, the administration has identified around 120 businesses, big and small, and local governments that it may seek penalties…more

Amazon, Breach of Contract, Coronavirus/COVID-19, Employer Liability Issues, Event Cancellation

See all updates »

The Site Report - Construction Industry Insights, Issue 5, May 2025

Welcome to our fifth issue of The Site Report for 2025! In this edition, we address North Carolina's insurers' duties, the increases and decreases in construction for renewable energies, construction and tariffs, and the…more

Clean Energy, Construction Contracts, Construction Industry, Construction Litigation, Energy Projects

See all updates »

All Consuming - Financial Litigation Insights, Volume 3, Issue 11

Data Breaches Pennsylvania Settlements with Experian and T-Mobile Why this is important: Pennsylvania’s Attorney General, Josh Shapiro, announced on Monday, November 7, 2022, that Pennsylvania entered into settlements…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Dodd-Frank

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 1, January 2025

Welcome to our second volume and first issue of 2025 of The Health Record - our healthcare law insights e-newsletter. We hope you enjoyed our Volume 1 issues in 2024 and look forward to continuing to provide information about…more

Artificial Intelligence, Certificate of Need, Cybersecurity, Data Privacy, Data Security

See all updates »

Is the Exemption for Interest on Municipal Bonds on Congress’ Chopping Block?

The new administration and Congress are working towards an extension of the 2017 Tax Cuts and Jobs Act (TCJA), the bulk of which expires at the end of 2025. In late February, the House passed a spending bill (H. Con. Res. 119-4)…more

Federal Budget, Financial Markets, Income Taxes, Interest Rates, Investors

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UPDATE: West Virginia Supreme Court Impeachments - Latest Developments

There have been significant developments in recent days regarding the Articles of Impeachment brought against the four remaining justices of the Supreme Court of Appeals of West Virginia…more

Appellate Courts, Criminal Prosecution, Impeachment, Judges, Judicial Misconduct

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The Dome Report: Final Review of the 2025 Regular Session of the West Virginia Legislature

The 2025 regular session of the West Virginia Legislature concluded at midnight on April 12. As the dust settled, it became clear that Governor Patrick Morrisey was able to get the majority of his agenda enacted into law,…more

Data Centers, Energy Policy, Energy Sector, Healthcare, Healthcare Reform

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 5, April 2025

Welcome to our fifth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the effect tariffs could have on pharmaceuticals, the rise in healthcare facilities as the…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Data Breach, Drug Pricing, Healthcare

See all updates »

West Virginia 2022 General Election Overview

Overall, West Virginia’s mid-term election easily can be described as a Red Wave rising, with historic GOP wins in legislative races. At the same time, voters remained cautious when it came to policy decisions, soundly rejecting…more

General Elections, Legislative Agendas, Local Elections, Political Campaigns, Political Parties

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The Site Report - Construction Law Insights, Issue 10, October 2024

Welcome to our 10th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from the use of…more

Artificial Intelligence, Construction Industry, Contractors, Critical Infrastructure Sectors, Cybersecurity

See all updates »

The Site Report - Construction Industry Insights, Issue 4, April 2024

Welcome to our fourth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we introduce you to Todd Biddle, Member in our…more

American Arbitration Association, Arbitration, Artificial Intelligence, Bridges, Construction Industry

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UPDATED OSHA Considerations for Recording COVID-19 Illnesses

Even though OSHA has advised that no specific standard covers the novel coronavirus, human resource and safety personnel must be mindful of the generally-applicable standards that might apply. OSHA has issued several guidelines…more

Coronavirus/COVID-19, Employer Liability Issues, Enforcement Guidance, Health and Safety, Human Resources Professionals

See all updates »

All Consuming - Financial Litigation Insights, Volume 2, Issue 15

Yellen Tells Regulators to ‘Act Quickly’ on Stablecoin Rules - "New rules would cut into profit margins earned by issuers, but in the long-run should help them attract more users." Why this is important: The recent rise…more

CARES Act, Cryptocurrency, Department of Education, Digital Assets, Financial Services Industry

See all updates »

Is Your Business Ready for The CHOICE Act?

What is the CHOICE Act?          On April 24, 2025, Florida state lawmakers passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act or CHOICE Act. The CHOICE Act is a law reforming…more

Contract Terms, Covered Employees, Covered Employer, Employee Benefits, Employee Rights

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Horizontal Well Unitization Comes to West Virginia

SB 694 was passed by the West Virginia Legislature during its 2022 Regular Session on March 9. SB 694 represents a long awaited step forward for the oil and gas industry in West Virginia. The bill authorizes the creation of…more

Electricity, Energy Projects, Energy Sector, Horizontal Wells, Oil & Gas

See all updates »

The Health Record - Healthcare Law Insights, Issue 4, August 2024

Welcome to our fourth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we address a variety of topics including a recent SCOTUS ruling and the potential impact on CMS, issues of patient…more

Billing, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Civil Monetary Penalty, Cybersecurity

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

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The Site Report - Construction Law Industry Insights, Issue 2, February 2025

Welcome to our second 2025 issue of The Site Report! In this edition, we address tariff fears in the industry, the use of artificial intelligence in building design, an update on The Rural Historic Tax Credit Improvement Act,…more

Artificial Intelligence, Construction Industry, Construction Project, Contractors, Corporate Transparency Act

See all updates »

All Consuming - Financial Litigation Insights, Issue 10, 2022

A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office to…more

Bias, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Credit Cards

See all updates »

Promissory Notes - Banking & Finance Insights: Issue 12, December 2022

US Senators Ask SoFi About Its Banking Law Compliance = “Four U.S. senators have signed a letter to SoFi Technologies CEO Anthony Noto expressing concerns about the online personal finance company and online bank’s digital…more

American Bankers Association, Bank Holding Company, Banking Sector, Banks, Biden Administration

See all updates »

The Site Report - Construction Law Insights, Issue 4, April 2025

Welcome to our fourth issue of The Site Report for 2025! In this edition, we address the impact of tariffs, the AI revolution, the use of drones, an update on the universal reciprocity law, examining issues with office to retail…more

Artificial Intelligence, Construction Contracts, Construction Industry, Cybersecurity, Data Breach

See all updates »

The Site Report - Construction Law Insights, Issue 4, April 2023

Here are the Top Risks for the Construction and Engineering Sector - “Business interruption/supply chain disruption and natural catastrophes are the top risks for the construction and engineering industry, followed by the…more

Airports, Banking Sector, Building Codes, Building Permits, Business Interruption

See all updates »

Promissory Notes - Banking & Finance Insights, Volume 2, Issue 11 2022

Schumer: Senate ‘Very Close’ To Passing SAFE Banking Act - “The House of Representatives passed the bill for the sixth time earlier this year.” Why this is important: The passage of the Secure And Fair Enforcement Banking…more

Agribusiness, Banking Sector, Cannabis-Related Businesses (CRBs), College Athletes, Credit Unions

See all updates »

The Site Report - Construction Industry Insights, Issue 5, May 2025

Welcome to our fifth issue of The Site Report for 2025! In this edition, we address North Carolina's insurers' duties, the increases and decreases in construction for renewable energies, construction and tariffs, and the…more

Clean Energy, Construction Contracts, Construction Industry, Construction Litigation, Energy Projects

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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All Consuming - Financial Litigation Insights, Volume 2, Issue 21

Bankruptcies Trending Down in West Virginia, but for How Long? "Then from June 2020 to June 2021, in the heart of the pandemic, those numbers dropped even more." Why this is important: From 2016 to 2019, there was an…more

Automotive Loans, Commercial Bankruptcy, Federal Student Aid, Financial Services Industry, Mortgage Loan Originators

See all updates »

Currents - Energy Industry Insights, V 9, Issue 3, March 2025

Welcome to our third issue of Currents 2025. Again, thank you for reading! Power Plays and Fueling Tension: Trade War Ripples Through North American Energy Markets - President Trump's pursuit of U.S. energy dominance,…more

Artificial Intelligence, Carbon Emissions, China, Climate Change, Coal

See all updates »

Economic Progress Coming Soon to the West Virginia Natural Gas Industry - WVSCA Affirms Siting Certificate

As has been reported in a number of news and industry outlets recently, West Virginia lags very far behind neighboring Ohio and Pennsylvania in developing new base load power plants that are powered and supplied by the abundance…more

Certifications, Coal Industry, Construction Project, Marcellus Shale, Memorandum Opinions

See all updates »

Health Care Law & COVID-19: Industry Insights

Spilman's COVID-19 Task Force and Health Care Practice Group have developed this e-newsletter to address important issues affecting health care providers and others operating in the health care industry during the COVID-19…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health Care Providers, Medicare

See all updates »

Unprecedented: COVID-19 Litigation Insights, Volume 3, Issue 3

Early Covid-19 Disability Ruling Offers Blueprint for Lawsuits - "The Montgomery, Ala.-based court is one of the first tribunals to weigh in on the issue." - Why this is important: As we enter into the third year of the…more

Americans with Disabilities Act (ADA), Blue Cross, Coronavirus/COVID-19, Department of Labor (DOL), Disability

See all updates »

All Consuming - Financial Litigation Insights, Volume 2, Issue 2 - January 2021

Biden to Pick Rohit Chopra to Lead Consumer-Finance Agency - "Rohit Chopra is the former student-loan ombudsman at the Consumer Financial Protection Bureau." Why this is important: As an assistant director of the CFPB,…more

Biden Administration, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Financial Institutions

See all updates »

Health Care Law & COVID-19: Industry Insights

Spilman's COVID-19 Task Force and Health Care Practice Group have developed this e-newsletter to address important issues affecting health care providers and others operating in the health care industry during the COVID-19…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health Care Providers, Medicare

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 4, April 2025

Welcome to our fourth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at prior authorization transparency and physician decision-making; the impact of Medicaid cuts in…more

Corporate Transparency Act, Cyber Attacks, Cybersecurity, Federal Funding, Final Rules

See all updates »

Decoded: Technology Law Insights - V 4, Issue 9, September 2023

Are Automakers Making Sufficient Efforts to Protect Customer Data? With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National…more

Artificial Intelligence, Automotive Industry, Censorship, Consumer Privacy Rights, CRISPR

See all updates »

The Site Report - Construction Law Insights, Issue 4, April 2025

Welcome to our fourth issue of The Site Report for 2025! In this edition, we address the impact of tariffs, the AI revolution, the use of drones, an update on the universal reciprocity law, examining issues with office to retail…more

Artificial Intelligence, Construction Contracts, Construction Industry, Cybersecurity, Data Breach

See all updates »

The Health Record - Healthcare Law Insights, Issue 4, August 2024

Welcome to our fourth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we address a variety of topics including a recent SCOTUS ruling and the potential impact on CMS, issues of patient…more

Billing, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Civil Monetary Penalty, Cybersecurity

See all updates »

Texas Court Strikes Down DOL Overtime Rule: Analysis and Impact on Employers

On November 15, 2024, in Texas v. United States Department of Labor, a Texas federal district court struck down a U.S. Department of Labor (DOL) final rule that would have raised the minimum salary threshold for exempt…more

Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Decoded: Technology Law Insights - Issue 10, 2022

House Subcommittee Debates Device Remanufacturing Definition, Sends User-Fees Bill to Next Stage "Proponents of the remanufacturing bill are looking to better distinguish between medical device remanufacturing, and servicing…more

Coronavirus/COVID-19, Cyber Attacks, Cybersecurity, Data Breach, Data Privacy

See all updates »

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes…more

Artificial Intelligence, Biden Administration, Chevron Deference, Construction Contracts, Construction Industry

See all updates »

The Academic Advisor - Education Law Insights, Issue 4, May 2025

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a…more

Artificial Intelligence, Borrowers, Charter Schools, Debt Collection, Department of Education

See all updates »

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 11

Welcome to the eleventh, post-Memorial Day issue of the 2021 edition of Unprecedented. As India and Peru experience record COVID-19 cases, many parts of the United States have reached a return to normality that was unthinkable…more

Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Due Process, Employer Liability Issues

See all updates »

Currents - Energy Industry Insights, V 9, Issue 5, May 2025

Welcome to our fifth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along an announcement and an event notice first. Again, thank you for reading! Tapping Into Common…more

Clean Energy, Energy Policy, Energy Projects, Energy Sector, EU

See all updates »

Currents - Energy Industry Insights, V 8, Issue 11, November 2024

Welcome to our 11th Issue of Currents 2024, our energy e-newsletter. This will be our last issue of 2024, and we want to sincerely thank you for reading Currents for the past eight years. Our goal is to relay top trending news…more

Battery, Biden Administration, BOEM, Chevron Deference, Clean Air Act

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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, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors, Recordkeeping Requirements

See all updates »

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on OSHA,…more

Artificial Intelligence, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

Currents - Energy Industry Insights: V 9, Issue 4, April 2025

Welcome to our fourth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along a couple of announcements first. Again, thank you for reading! The Data Center Boom Continues,…more

China, Clean Energy, Climate Change, Data Centers, Electric Vehicles

See all updates »

Decoded - Technology Law Insights, V 6, Issue 3, April 2025

Welcome to our third issue of 2025 of Decoded - our technology law insights e-newsletter. We hope you enjoy this issue and thank you for reading. SEC may Reverse Proposed Cryptocurrency Custody Rule and Ohio House Lawmakers…more

Artificial Intelligence, Blockchain, Copyright, Corporate Transparency Act, Cryptocurrency

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 2, January 2025

Welcome to our second issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the effect of the decline of DEI on the healthcare industry, the fate of Medicaid under the new…more

Artificial Intelligence, Audits, Bots, Corporate Transparency Act, Data Privacy

See all updates »

Promissory Notes - Banking & Finance Insights, Issue 1, March 2025

Welcome to our first issue of Promissory Notes - our banking and finance e-newsletter - for 2025. We developed this e-newsletter to address trending news and issues involving the banking industry…more

Artificial Intelligence, Banking Sector, Banks, Data Management, Financial Institutions

See all updates »

SuperVision - Labor and Employment Law Insights, Issue 1, March 2025

Welcome to our first issue of SuperVision in 2025. In this edition, we cover the new presidential administration’s anticipated impact on employment agreements, the National Labor Relations Board, and workplace safety enforcement…more

Department of Labor (DOL), Employee Mobility, Employees, Employer Liability Issues, Federal Trade Commission (FTC)

See all updates »

All Consuming - Financial Litigation Insights - Issue 2, July 2023

CFPB Issue Spotlight Analyzes “Artificial Intelligence” Chatbots in Banking - "Poorly deployed chatbots can impede customers from resolving problems." Why this is important: The Consumer Financial Protection Bureau (CFPB)…more

Artificial Intelligence, Automotive Loans, Banking Sector, Borrowers, Bots

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 5, April 2025

Welcome to our fifth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the effect tariffs could have on pharmaceuticals, the rise in healthcare facilities as the…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Data Breach, Drug Pricing, Healthcare

See all updates »

The Health Record - Healthcare Law Insights, Issue 7, November 2024

Welcome to our seventh issue of The Health Record - our healthcare law insights e-newsletter. This will be our final issue of 2024. When we started this publication earlier this year, our goal was to provide our clients,…more

Affordable Care Act, Billing, Centers for Medicare & Medicaid Services (CMS), Corporate Transparency Act, Cybersecurity

See all updates »

The Academic Advisor - Education Law Insights, Issue 4, May 2025

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a…more

Artificial Intelligence, Borrowers, Charter Schools, Debt Collection, Department of Education

See all updates »

All Consuming - Financial Litigation Insights: Issue 11, December 2020

Welcome to the Last All Consuming Issue of 2020 - Welcome to our last issue of All Consuming for 2020, a year of unprecedented obstacles. We all watched as the financial industry responded to those obstacles, with…more

Automotive Loans, Banking Sector, Biden Administration, CARES Act, Consumer Financial Protection Bureau (CFPB)

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 4, April 2025

Welcome to our fourth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at prior authorization transparency and physician decision-making; the impact of Medicaid cuts in…more

Corporate Transparency Act, Cyber Attacks, Cybersecurity, Federal Funding, Final Rules

See all updates »

The Site Report - Construction Law Insights, Issue 11, November 2024

Welcome to our 11th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from a deep dive into…more

3D Printing, Bureau of Labor Statistics, Carbon Emissions, Climate Change, Construction Disputes

See all updates »

Online, Off-Duty Harassment is Still Unlawful Harassment

Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This…more

Anti-Harassment Policies, Civil Rights Act, Employee Misconduct, Employee Training, Employer Liability Issues

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The Health Record - Healthcare Law Insights, Issue 3, July 2024

Welcome to our third issue of The Health Record - our healthcare law insights e-newsletter! We are winding down the summer with our talented group of law students and they have continued to research and write, shadow our…more

Administrative Procedure Act, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Department of Health and Human Services (HHS)

See all updates »

Currents - Energy Industry Insights, V 9, Issue 5, May 2025

Welcome to our fifth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along an announcement and an event notice first. Again, thank you for reading! Tapping Into Common…more

Clean Energy, Energy Policy, Energy Projects, Energy Sector, EU

See all updates »

Navigating AI in HR: The Benefits and Risks of Using Artificial Intelligence in Employment Policies

Artificial intelligence (AI) can be a tool used by employers to save time and improve compliance when drafting employment policies. However, AI’s current usefulness has limits and comes with risks..…more

Artificial Intelligence, Bots, Employer Liability Issues, Employment Policies, Human Resources Professionals

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Decoded - Technology Law Insights, V 5, Issue 5, June 2024

We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually researches…more

Antitrust Provisions, Artificial Intelligence, Broadband, China, Communications Act of 1934

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Let the Sun Shine - Impacts of the Solar Tariffs

In fulfilling his campaign pledges to American manufacturing and fossil fuel energy companies, on January 22, 2018, President Trump approved a 30 percent tariff on imported silicon solar cells and modules. Solar cells are the…more

Construction Industry, Energy Sector, Imports, Manufacturers, Renewable Energy

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All Consuming - Financial Litigation Insights, Volume 2, Issue 16

President Biden Extends Pause on Student Loan Payments to 2022 - "Student loan payments have been paused since Congress passed the CARES Act in March of last year but were due to resume in September." Why this is…more

CARES Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, FDCPA

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 5, April 2025

Welcome to our fifth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the effect tariffs could have on pharmaceuticals, the rise in healthcare facilities as the…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Data Breach, Drug Pricing, Healthcare

See all updates »

The Health Record - Healthcare Law Insights, V 2, Issue 5, April 2025

Welcome to our fifth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the effect tariffs could have on pharmaceuticals, the rise in healthcare facilities as the…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Data Breach, Drug Pricing, Healthcare

See all updates »

The Academic Advisor - Education Law Insights, Issue 1, January 2025

Welcome to our first issue of The Academic Advisor for 2025. If you are new to the publication, The Academic Advisor provides regular education law insights on topics of import for schools, colleges, and other education-focused…more

Artificial Intelligence, Biden Administration, Department of Education, Educational Institutions, Grants

See all updates »

Decoded - Technology Law Insights, V 6, Issue 4, April 2025

Welcome to our fourth issue of 2025 of Decoded - our technology law insights e-newsletter. We hope you enjoy this issue and thank you for reading. Sector by Sector: How Data Breaches are Wrecking Bottom Lines - “Data breaches…more

23andMe, Artificial Intelligence, Consumer Privacy Rights, Cryptocurrency, Cyber Attacks

See all updates »

The Site Report - Construction Law Insights, Issue 7, 2022

The Pain of Inflation: Construction Companies Feel the Pinch as Prices Rise - "A recent report from the Associated General Contractors of America states that, from April 2021 through the first quarter of 2022, the price of…more

Affordable Housing, Construction Contracts, Construction Industry, Construction Project, Energy Efficiency

See all updates »

The Academic Advisor - Education Law Insights, Issue 4, May 2025

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a…more

Artificial Intelligence, Borrowers, Charter Schools, Debt Collection, Department of Education

See all updates »

Currents - Energy Industry Insights, V 9, Issue 5, May 2025

Welcome to our fifth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along an announcement and an event notice first. Again, thank you for reading! Tapping Into Common…more

Clean Energy, Energy Policy, Energy Projects, Energy Sector, EU

See all updates »

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes…more

Artificial Intelligence, Biden Administration, Chevron Deference, Construction Contracts, Construction Industry

See all updates »

The Site Report - Construction Industry Insights, Issue 5, May 2025

Welcome to our fifth issue of The Site Report for 2025! In this edition, we address North Carolina's insurers' duties, the increases and decreases in construction for renewable energies, construction and tariffs, and the…more

Clean Energy, Construction Contracts, Construction Industry, Construction Litigation, Energy Projects

See all updates »

Promissory Notes - Banking & Finance Insights: V 3, Issue 1, January 2023

Plaintiffs Pursuing Increased Class Action Breach of Contract Claims for Overdraft Fees and Charges Against Customers - “With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased…more

Banking Sector, Breach of Contract, Class Action, Credit Unions, Cybersecurity

See all updates »

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in…more

Administrative Procedure Act, All-Risks Insurance, Business Closures, Business Interruption, Case Consolidation

See all updates »

The Site Report - Construction Law Insights: Issue 1, 2021

As we all know, the COVID-19 pandemic has caused us all to focus in different in directions. That has been the case here at Spilman as well. But as we wind down 2021, we wanted to reach back out to our clients and friends with…more

Building Codes, Building Standards, Conflicts of Interest, Construction Industry, Construction Project

See all updates »

COVID-19 and Unprecedented: Litigation Insights - Issue 10, 2020

This tenth edition of Unprecedented, our weekly update on COVID-19-related litigation, finds us reporting fewer shutdown-related cases than in previous weeks, suggesting that these cases are winding down as the country opens…more

Business Closures, Commercial Leases, Constitutional Challenges, Coronavirus/COVID-19, Employer Liability Issues

See all updates »

All Consuming - Financial Litigation Insights, Volume 2, Issue 19

Biden Administration Extends Student Loan Pause Until January 31, 2022 - "The Department believes this additional time and a definitive end date will allow borrowers to plan for the resumption of payments and reduce the risk…more

Banking Sector, Biden Administration, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Cryptocurrency

See all updates »

The Dome Report, Issue 1, 2022: The West Virginia Legislature Starts 2022 at a Fast Pace

The West Virginia Legislature commenced its 60-day regular session on Wednesday, January 12, 2022 and proceeded to introduce and advance legislation at breakneck speed. However, it was the short special session, which preceded…more

Economic Development, Governor Justice, Legislative Agendas, Special Sessions, State and Local Government

See all updates »

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on OSHA,…more

Artificial Intelligence, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on OSHA,…more

Artificial Intelligence, Biden Administration, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

Decoded - Technology Law Insights, V 5, Issue 2, March 2024

HHS Cybersecurity Performance Goals and the Healthcare Industry - The healthcare industry is a major target for cyberattacks because of all of the personal information collected from patients. Recognizing that the healthcare…more

Artificial Intelligence, Automation Systems, Biden Administration, Biometric Information, Cancer

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Currents - Energy Industry Insights: Volume 5, Issue 21

Welcome to Volume 5, Issue 21 of Currents. This week, we take a look at hydrogen, nuclear, cyber security, renewable energy storage, and the latest in the coal industry. How An Old Power Plant Is Being Refitted For The…more

Biden Administration, Coal Industry, Cybersecurity, Electricity, Energy Projects

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The Academic Advisor - Education Law Insights, Issue 4, May 2025

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a…more

Artificial Intelligence, Borrowers, Charter Schools, Debt Collection, Department of Education

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The Academic Advisor - Education Law Insights, Issue 4, May 2025

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a…more

Artificial Intelligence, Borrowers, Charter Schools, Debt Collection, Department of Education

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Decoded - Technology Law Insights, V 6, Issue 2, February 2025

Welcome to our second issue of 2025 of Decoded - our technology law insights e-newsletter. For those of you with an interest in the Corporate Transparency Act, Brienne Marco and Joe Unger report that the recent injunction has…more

Artificial Intelligence, Big Data, Bots, Climate Change, Construction Industry

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Decoded: Technology Law Insights, Volume 3, Issue 5

The Cryptocurrency Revolution and President Biden's Formal Recognition - Out of the ashes of the 2008 financial crisis, Bitcoin sprang up like an insurgency, targeting both the unbridled activity of large financial…more

Bitcoin, COPPA, CRISPR, Cryptocurrency, Cyber Attacks

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All Consuming - Financial Litigation Insights, V 4, Issue 1, June 2023

CFPB - Regulators Take Aim at AI to Protect Consumers and Workers - “In the past year, the Consumer Finance Protection Bureau said it has fined banks over mismanaged automated systems that resulted in wrongful home…more

Artificial Intelligence, Automotive Loans, Banking Sector, Bots, Consumer Financial Products

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All Consuming - Financial Litigation Insights, Volume 2, Issue 14

Mobile Payment App Complaints are Surging as More Americans Go Cashless - "Top complaints include trouble with digital wallets, scams and customer service issues." Why this is important: Roughly four in five Americans…more

Banking Sector, Bitcoin, Consumer Financial Protection Bureau (CFPB), Fair Credit Reporting Act (FCRA), Financial Institutions

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The Site Report - Construction Industry Insights, Issue 5, May 2025

Welcome to our fifth issue of The Site Report for 2025! In this edition, we address North Carolina's insurers' duties, the increases and decreases in construction for renewable energies, construction and tariffs, and the…more

Clean Energy, Construction Contracts, Construction Industry, Construction Litigation, Energy Projects

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Drafting Patent Acquisition Agreements

Companies may purchase third party technology from time to time. When acquiring patents from outside the company, or from related entities, there are important factors to be considered. Here are certain issues for buyers when…more

Acquisition Agreements, Intellectual Property Protection, Patent Litigation, Patent Ownership, Patents

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The Site Report - Construction Law Insights, Issue 4, April 2025

Welcome to our fourth issue of The Site Report for 2025! In this edition, we address the impact of tariffs, the AI revolution, the use of drones, an update on the universal reciprocity law, examining issues with office to retail…more

Artificial Intelligence, Construction Contracts, Construction Industry, Cybersecurity, Data Breach

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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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FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations for…more

Corporate Counsel, Employee Benefits, Employees, Employer Liability Issues, Employment Litigation

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The Academic Advisor - Education Law Insights, Issue 5, 2022

Legal Challenges Mount for Biden’s Student Loan Debt Forgiveness Plan - “Six Republican-led states and a libertarian policy organization sued the Biden administration over its plan to cancel up to $20,000 in student loan…more

Biden Administration, College Admissions, Colleges, Department of Education, Educational Institutions

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All Consuming - Financial Litigation Insights, Volume 2, Issue 14

Mobile Payment App Complaints are Surging as More Americans Go Cashless - "Top complaints include trouble with digital wallets, scams and customer service issues." Why this is important: Roughly four in five Americans…more

Banking Sector, Bitcoin, Consumer Financial Protection Bureau (CFPB), Fair Credit Reporting Act (FCRA), Financial Institutions

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The Health Record - Healthcare Law Insights, V 2, Issue 5, April 2025

Welcome to our fifth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the effect tariffs could have on pharmaceuticals, the rise in healthcare facilities as the…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Data Breach, Drug Pricing, Healthcare

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Decoded - Technology Law Insights, V 6, Issue 3, April 2025

Welcome to our third issue of 2025 of Decoded - our technology law insights e-newsletter. We hope you enjoy this issue and thank you for reading. SEC may Reverse Proposed Cryptocurrency Custody Rule and Ohio House Lawmakers…more

Artificial Intelligence, Blockchain, Copyright, Corporate Transparency Act, Cryptocurrency

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Suspected Abuse of FMLA Leave: What Can be Done?

The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical…more

Employee Benefits, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Currents - Energy Industry Insights, V 8, Issue 11, November 2024

Welcome to our 11th Issue of Currents 2024, our energy e-newsletter. This will be our last issue of 2024, and we want to sincerely thank you for reading Currents for the past eight years. Our goal is to relay top trending news…more

Battery, Biden Administration, BOEM, Chevron Deference, Clean Air Act

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The Health Record - Healthcare Law Insights, V 2, Issue 3, March 2025

Welcome to our third issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the possible expiration of telehealth flexibilities for Medicare patients, the potential impact…more

Competition, Corporate Transparency Act, Employee Mobility, Executive Orders, Federal Trade Commission (FTC)

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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

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Decoded - Technology Law Insights, V 6, Issue 2, February 2025

Welcome to our second issue of 2025 of Decoded - our technology law insights e-newsletter. For those of you with an interest in the Corporate Transparency Act, Brienne Marco and Joe Unger report that the recent injunction has…more

Artificial Intelligence, Big Data, Bots, Climate Change, Construction Industry

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Currents - Energy Industry Insights, V 9, Issue 5, May 2025

Welcome to our fifth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along an announcement and an event notice first. Again, thank you for reading! Tapping Into Common…more

Clean Energy, Energy Policy, Energy Projects, Energy Sector, EU

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Fourth Circuit Determines that Internal Complaint May Support Claim for Wrongful Discharge in Violation of North Carolina Public Policy

On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law…more

Employer Liability Issues, Employment Litigation, Former Employee, Mental Health, North Carolina

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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

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Currents - Energy Industry Insights: V 9, Issue 4, April 2025

Welcome to our fourth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along a couple of announcements first. Again, thank you for reading! The Data Center Boom Continues,…more

China, Clean Energy, Climate Change, Data Centers, Electric Vehicles

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The Site Report - Construction Law Insights, Issue 4, April 2023

Here are the Top Risks for the Construction and Engineering Sector - “Business interruption/supply chain disruption and natural catastrophes are the top risks for the construction and engineering industry, followed by the…more

Airports, Banking Sector, Building Codes, Building Permits, Business Interruption

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