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 »

U.S. Supreme Court's Decision Expands the Ability of States to Tax Retailers

The Supreme Court issued a 5-4 ruling in South Dakota v. Wayfair that overturned a long-standing precedent limiting the ability of states to tax sales of goods to citizens in their states that originate from other jurisdictions…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

See all updates »

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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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

See all updates »

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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When Does Overpayment Actually Occur?

In Reed v. Exel Logistics, Inc., No. 17-0864, 2018 WL 2769041 (W. Va. June 6, 2018), the Supreme Court of Appeals of West Virginia clarified the circumstances necessary for an employer to claim overpayment of temporary total…more

Administrative Procedure, Adversary Proceedings, Disability Insurance, Employer Rights, Failure to Object

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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 »

Want the Warranty with That? Car Dealerships, Service Advisors and Overtime Pay

On April 2, 2018, the Supreme Court of the United States issued its opinion in Encino Motorcars, LLC v. Navarro, holding that, because service advisors at car dealerships are “salesm[e]n . . . primarily engaged in . . …more

Appeals, Automotive Industry, Car Dealerships, DOL, Exempt-Employees

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Update from IRS - Tax Exempt Bonds: Private Business Use Issue Snapshots

On December 4, the Internal Revenue Service released two new "Issue Snapshots" regarding Private Business Use. The Issue Snapshots summarize the rules for determining whether federal government use and management contracts…more

Federal Contractors, Guidance Update, IRS, Management Contracts, Prison

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HB 4270 - Information Reporting and Payments to Owners (Check Stubs Relating to Oil and Natural Gas Royalty Payments)

H.B. 4270 - Passed - March 10, 2018 - Signed by Governor - March 27, 2018 - Effective - June 8, 2018 - The Information Reporting and Payments to Owners bill (H.B. 4270) is a companion bill to the Cotenancy Modernization…more

Co-Ownership, Department of Environmental Protection, Gas Royalties, Horizontal Wells, Interest Accrual

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Recent Developments with Make-Whole Provisions in Chapter 11 Cases

A make-whole provision (also known as prepayment premium or call protection) in a loan agreement usually requires a debtor to pay a penalty based on a fixed percentage of the amount of a loan balance the debtor voluntarily…more

Bankruptcy Court, Banks, Chapter 11, Commercial Bankruptcy, Contract Terms

See all updates »

Update from IRS - Tax Exempt Bonds: Private Business Use Issue Snapshots

On December 4, the Internal Revenue Service released two new "Issue Snapshots" regarding Private Business Use. The Issue Snapshots summarize the rules for determining whether federal government use and management contracts…more

Federal Contractors, Guidance Update, IRS, Management Contracts, Prison

See all updates »

The Way of the Future: Student Loan Benefit Plans

According to a recent study, Americans currently owe approximately $1.4 trillion in student loan debt. With increasing pressure to pay off student loans, some employees choose not to contribute to retirement programs offered by…more

401k, Debt, Employee Benefits, Employer Contributions, ERISA

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A Sales Tax on Services? North Carolina’s New Sales Tax on Repair, Maintenance, and Installation Services

General contractors, subcontractors, and builders providing construction services in North Carolina should be aware that labor charges on certain of their projects may now be subject to sales tax under the state's new repair,…more

Capital Improvements, Construction Industry, Exemptions, General Contractors, Maintenance

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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 »

U.S. Supreme Court's Decision Expands the Ability of States to Tax Retailers

The Supreme Court issued a 5-4 ruling in South Dakota v. Wayfair that overturned a long-standing precedent limiting the ability of states to tax sales of goods to citizens in their states that originate from other jurisdictions…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

See all updates »

Infrastructure Construction Opportunities on the Horizon! North Carolina's 2018-2027 State Transportation Improvement Program

Drivers will see more "Road Construction Ahead" signs over the next decade, which means BIG opportunities await infrastructure contractors and suppliers. How big? The North Carolina Department of Transportation ("NCDOT") was…more

Bid Solicitation, Bridges, Business Opportunities, Construction Industry, General Contractors

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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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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 »

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

See all updates »

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2018

Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We try …more

Asbestos, Beryllium Exposure, Case Consolidation, Civil Liability, Class Action

See all updates »

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

See all updates »

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 »

Spilman Alert - Breaking Insights: Pennsylvania Superior Court Overturns Rule of Capture for Unconventional Gas Wells

On April 2, 2018, the Pennsylvania Superior Court issued a decision in Briggs v. Southwestern Energy Production Company, No. 1351 MDA 2017, reversing a lower court judgment entered in favor of the defendant producer…more

Adjacent Property Owners, Appeals, Fracking, Horizontal Wells, Oil & Gas

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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, 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 »

Could Your Business be Taking Better Advantage of M/WBE Development Programs? Yes.

The coming year will bring significant opportunities to businesses across the construction industry regarding government projects, particularly to minority and woman-owned businesses ("M/WBEs"). Governments across the nation…more

Business Opportunities, Construction Industry, Federal Contractors, General Contractors, Minority-Owned Businesses

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 - December 2018

The 'Trump Effect' is Slowing International Progress on Climate Change, Think Tank Warns - "The report from the Institute of International and European Affairs ("IIEA") considered the impact President Donald Trump was having…more

Australia, Biodiesel, Biomass, Carbon Emissions, China

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 - Issue 3, September 2018

...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah…more

Criminal Convictions, Disability Benefits, DOL, Employee Handbooks, Employer Liability Issues

See all updates »

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

See all updates »

Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

Welcome to the second issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we have rounded up several important and timely legal issues. As you will…more

Advertising, Article III, Damage Caps, Design Defects, Dismissals

See all updates »

SuperVision - Labor & Employment Law Insights - Issue 3, September 2018

...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah…more

Criminal Convictions, Disability Benefits, DOL, Employee Handbooks, Employer Liability Issues

See all updates »

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2018

Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We try …more

Asbestos, Beryllium Exposure, Case Consolidation, Civil Liability, Class Action

See all updates »

Recent Developments with Make-Whole Provisions in Chapter 11 Cases

A make-whole provision (also known as prepayment premium or call protection) in a loan agreement usually requires a debtor to pay a penalty based on a fixed percentage of the amount of a loan balance the debtor voluntarily…more

Bankruptcy Court, Banks, Chapter 11, Commercial Bankruptcy, Contract Terms

See all updates »

New FMLA Forms. New Expiration Date. Same Content.

For those employers who have been eagerly awaiting the release of the new model FMLA forms by the Department of Labor, the wait is over. As we mentioned in our most recent newsletter, the DOL submitted its model FMLA forms to…more

DOL, FMLA, OMB, Updated Forms

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Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

Welcome to the second issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we have rounded up several important and timely legal issues. As you will…more

Advertising, Article III, Damage Caps, Design Defects, Dismissals

See all updates »

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

See all updates »

Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

Welcome to the second issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we have rounded up several important and timely legal issues. As you will…more

Advertising, Article III, Damage Caps, Design Defects, Dismissals

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 »

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

See all updates »

Reverse Mortgages Becoming a Bigger Part of Litigation in West Virginia

Consumers in West Virginia have found a new subject on which to file lawsuits. Within the past couple of years, litigation over reverse mortgages has become a bigger part of consumer lending litigation in West Virginia…more

Borrowers, Business Litigation, Consumer Credit Protection, Enabling Laws, Inducements

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 »

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 »

Avoiding Spoliation of Evidence is an Ongoing Obligation

Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It's always important to allow an opponent and their expert the opportunity to inspect premises and review the…more

Construction Defects, Discovery, Duty to Preserve, Inspection Rights, Property Damage

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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

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 - December 2018

The 'Trump Effect' is Slowing International Progress on Climate Change, Think Tank Warns - "The report from the Institute of International and European Affairs ("IIEA") considered the impact President Donald Trump was having…more

Australia, Biodiesel, Biomass, Carbon Emissions, China

See all updates »

The Case for Class - Class Action Waivers in Arbitration Agreements

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action waiver…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Bargaining

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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

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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

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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 »

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 »

Spilman Alert - Breaking Insights: Important West Virginia Supreme Court of Appeals Decision Affirms Law on Taxation and Leasehold Interests

The Supreme Court of Appeals of West Virginia's recent decision in Musick v. University Park at Evansdale marks an important affirmation of West Virginia law on taxation of leasehold interests. It has important and positive…more

Appeals, Assignments, Capital Investments, Community Development, Economic Development

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 »

NC Court of Appeals Clarifies When a Nonsignatory Can Compel Arbitration

Generally, only signatories to an arbitration agreement can compel one another to arbitrate their claims. However, in certain situations, a nonsignatory may take advantage of an arbitration agreement between other parties. One…more

Appeals, Arbitration, Construction Project, Equitable Estoppel, Fraud

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What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.

For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and…more

Banks, Class Action, Consumer Protection Laws, Credit Reporting Agencies, Creditors

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 »

Product Lines - Toxic Torts and Product Liability Insights - Issue 2, 2018

Welcome to the second issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we have rounded up several important and timely legal issues. As you will…more

Advertising, Article III, Damage Caps, Design Defects, Dismissals

See all updates »

GDPR Basics for U.S. Companies Effective May 25, 2018

The General Data Protection Regulation ("GDPR") becomes effective on May 25, 2018. Its goal is to protect EU citizens from privacy and data breaches. The key provisions of the GDPR and information on how it may impact businesses…more

Breach Notification Rule, Consent, Data Breach, Data Controller, Data Processors

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

See all updates »

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

See all updates »

Employer Handbooks in the NLRB’s Post-Boeing World

Employers rejoiced in December 2017 when the National Labor Relations Board (“NLRB”) issued its decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), overthrowing its precedent regarding employers' handbooks. The…more

Employee Handbooks, Memorandum of Guidance, NLRA, NLRB, Reversal

See all updates »

U.S. Supreme Court's Decision Expands the Ability of States to Tax Retailers

The Supreme Court issued a 5-4 ruling in South Dakota v. Wayfair that overturned a long-standing precedent limiting the ability of states to tax sales of goods to citizens in their states that originate from other jurisdictions…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

See all updates »

Spilman Alert - Breaking Insights: Important West Virginia Supreme Court of Appeals Decision Affirms Law on Taxation and Leasehold Interests

The Supreme Court of Appeals of West Virginia's recent decision in Musick v. University Park at Evansdale marks an important affirmation of West Virginia law on taxation of leasehold interests. It has important and positive…more

Appeals, Assignments, Capital Investments, Community Development, Economic Development

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

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Federal Reserve Board Publishes SOFR as a Replacement for LIBOR

The Federal Reserve Board ("FRB") began publishing the Secured Overnight Financing Rate ("SOFR") in April. This rate was developed to be a more reliable benchmark than LIBOR, which lost credibility a few years ago when it was…more

Banking Sector, Banks, Federal Reserve, Financial Conduct Authority (FCA), 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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Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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