Steptoe & Johnson PLLC

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400 White Oaks Boulevard
Bridgeport, West Virginia 26330, United States
Phone: (304) 933-8000
Fax: (304) 933-8183
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Colorado
  • Kentucky
  • Ohio
  • Pennsylvania
  • Texas
  • West Virginia
Number of Attorneys
100+ Attorneys

“Avoid Groundhog Day – Get An Emergency Response Plan In Place!”

On Groundhog Day, Punxsutawney Phil saw his shadow, signaling six more weeks of winter. Given the likely bad weather, these six weeks of “down time” are the perfect opportunity for construction professionals to develop, review,…more

Construction Industry, Disaster Preparedness, Emergency Management Plans, Employer Liability Issues, Natural Disasters

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West Virginia Counties and Municipalities Await Cash Influx. What Happens Next?

On March 11, President Biden signed into law the American Rescue Plan of 2021 ("Rescue Plan"), a $1.9 trillion COVID-19 relief package with the goal of providing financial relief to Americans and incentives to stimulate the…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Federal Funding, Financial Aid

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WV Supreme Court of Appeals Decides Hospital Records Case Clarifying "Typicality" Requirement for Class Certification

The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia state…more

Appeals, Business Litigation, Class Certification, Healthcare, Medical Records

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WV Supreme Court of Appeals Holds Personal Liability for An Excess Judgment Is an Essential Element in a Shamblin Claim

The Supreme Court of Appeals of West Virginia in West Virginia Mutual Insurance v. Covelli recently held that (1) insurers in West Virginia will not be liable for an insured’s damages in a Shamblin action where the insured has…more

Appeals, Insurance Industry, Insurance Litigation, Personal Liability, Unfair Trade Practices Act

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A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

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UPDATE: Supreme Court Stays OSHA Vaccination and Testing Emergency Temporary Standard

On January 13, 2022, the Supreme Court of the United States blocked enforcement of the OSHA Vaccination and Testing Emergency Temporary Standard (“ETS”). The stay prevents OSHA from enforcing the ETS while challenges to the…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates, National Federation of Independent Business v Department of Labor and OSHA

See all updates »

Feds Promise “More Stick Than Carrot” for Environmental Crimes Enforcement

The Department of Justice’s Environmental Crimes Section Chief, Deborah Harris, recently discussed environmental crime enforcement during an American Bar Association virtual conference. Ms. Harris told attendees that government…more

Department of Justice (DOJ), Enforcement Actions, Environmental Crimes, EPA, Investigations

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Pennsylvania Governor Seeks Nation’s Largest Government Commitment to Solar Energy

On March 21, 2021, Pennsylvania Governor Tom Wolf announced the largest government commitment to purchase solar energy in the United States. The proposal, called Pennsylvania PULSE, would produce enough electricity from solar…more

Clean Energy, Energy Sector, Governor Wolf, Proposed Legislation, Renewable Energy

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USEPA and the Corps Going Back to the Future on WOTUS

What was old is now new again as the United States Environmental Protection Agency (USEPA) and the United States Army Corps of Engineers (Corps) announced on September 3, 2021 a reversion to a pre-2015 definition of Waters of…more

Arizona, Clean Water Act, Navigable Waters Protection Rule, Rapanos v US, SCOTUS

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The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care Itself

The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional…more

Appeals, Health Care Providers, Healthcare, Insurance Claims, Insurance Industry

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Failed Drug Test Not Enough to Dismiss Claim of Disability Discrimination in New Jersey

Employers may need to reevaluate their response to an employee’s failed drug test following a recent decision from the Supreme Court of New Jersey. A certified medical marijuana user was terminated after testing positive for…more

Compassionate Use Act, Disability Discrimination, Drug Testing, Employer Liability Issues, Medical Marijuana

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FERC Proposes Changes to Price Index Reporting Policy

On December 17, 2020, the Federal Energy Regulatory Committee (“FERC”) acted to revise its long-standing policy and guidelines pertaining to the reporting of natural gas transaction prices to price index publishers by issuing…more

Consumer Price Index, Energy Policy, Energy Sector, FERC, Natural Gas

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Supreme Court Rules That Certain, But Not All, Discharges to Groundwater May Require Permitting Under the Clean Water Act

In a 6-3 decision on Thursday, the United States Supreme Court vacated and remanded the opinion of the Ninth Circuit Court of Appeals and found that the Clean Water Act (“CWA”) regulated discharges from point sources “if the…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

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A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

See all updates »

The Vaccines are Coming: Should Employers Mandate?

As COVID-19 vaccines become more widely available, employers wishing to implement a COVID-19 vaccination policy must consider, among other things, two important questions. This alert addresses these two fundamental questions..…more

ADA, Coronavirus/COVID-19, EEOC, Emergency Use Authorization (EUA), Employees

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Trademark Protection for CBD Supplements

There are over 2,000 pending federal trademark applications for supplements containing cannabidiol ("CBD"). None of these applications is likely to proceed to registration under current law…more

Cannabidiol (CBD) oil, Cannabis Products, Dietary Supplements, FDA, FDCA

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What You Need to Know - OSHA’s COVID-19 Vaccination and Testing Standard

OSHA issued its Emergency Temporary Standard (ETS) on November 5, 2021, creating important obligations for businesses. This overview answers common questions about the new regulation…more

Constitutional Challenges, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety

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The Corporate Transparency Act

The Corporate Transparency Act (CTA), included as an amendment to the Anti-Money Laundering Act of 2020, was passed by Congress this year as an effort to make it more difficult to commit “shell company” money laundering, tax…more

Anti-Money Laundering, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Prosecution

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Proposition 112 Does Not Pass in Colorado

Colorado voted “No” on Proposition 112 which would have required 2,500-foot setbacks between any new oil and gas developments and any “occupied structure” or “vulnerable area.” The count with 83% of precincts reporting is at…more

Ballots, Legislative Agendas, Oil & Gas, Proposed Legislation, Setback Rules

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Congress Extends Tax Credits for Voluntary COVID-Related Sick Leave and Emergency Family Leave

On March 11, 2021, the American Rescue Plan Act (“ARPA”) took effect. While most of the media attention was on the stimulus payments to individuals and the overall cost of the act, this legislation also extended the tax credits…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA)

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The Rollback of Immunity for Healthcare Institutions under Mahmoodian

A recent decision by the West Virginia Supreme Court of Appeals could significantly increase the potential for litigation arising from adverse privileging decisions by healthcare institutions in the state. Under the Court’s…more

Emotional Distress Damages, Health Care Providers, Healthcare Facilities, Physicians, Privileges and Immunities

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Conviction of Harvard Researcher for Chinese Ties Serves as Caution to Universities

Charles Lieber, former chair of the chemistry and chemical biology department at Harvard University, was convicted on December 21st by a jury on two counts of making false statements to federal authorities, two counts of making…more

China, Criminal Convictions, Criminal Prosecution, Duty to Disclose, Failure-to-File

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Paid COVID-19 Leave Extended on a voluntary Basis Through March 31

Since April 1, employers with fewer than 500 employees have been required to grant paid leave to their employees for a variety of COVID-related reasons. The two paid-leave provisions in the Families First Coronavirus Response…more

Coronavirus/COVID-19, Covered Employer, Department of Labor (DOL), EFMLA, Employees

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West Virginia Legislature Passes Cotenancy Modernization and Majority Protection Act

On March 5, 2018, the West Virginia Legislature completed legislative action on and passed House Bill 4268, known as the Cotenancy Modernization and Majority Protection Act. The bill will now be delivered to the Governor’s desk…more

Energy Projects, Energy Sector, Gas Royalties, Land Developers, Land Owners

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Proposition 112 Does Not Pass in Colorado

Colorado voted “No” on Proposition 112 which would have required 2,500-foot setbacks between any new oil and gas developments and any “occupied structure” or “vulnerable area.” The count with 83% of precincts reporting is at…more

Ballots, Legislative Agendas, Oil & Gas, Proposed Legislation, Setback Rules

See all updates »

Student Lawsuits in the Wake of COVID-19 – A Recent Victory for One College

There is a current wave of class action lawsuits against institutions of higher education. Over 150 class action suits have been filed. Students are seeking reimbursement of their tuition, room and board, and fees predominately…more

Breach of Contract, Class Action, Colleges, Coronavirus/COVID-19, Educational Institutions

See all updates »

West Virginia Foreclosures in the Age of Corona

Economic turmoil brought on by the coronavirus pandemic has created much concern about a potential rise in residential foreclosures. On August 5, 2020, Governor Jim Justice followed his presentation on school reopening with…more

Banks, CARES Act, CDC, Coronavirus/COVID-19, Eviction

See all updates »

WV Supreme Court of Appeals Decides Hospital Records Case Clarifying "Typicality" Requirement for Class Certification

The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia state…more

Appeals, Business Litigation, Class Certification, Healthcare, Medical Records

See all updates »

Trademark Protection for CBD Supplements

There are over 2,000 pending federal trademark applications for supplements containing cannabidiol ("CBD"). None of these applications is likely to proceed to registration under current law…more

Cannabidiol (CBD) oil, Cannabis Products, Dietary Supplements, FDA, FDCA

See all updates »

UPDATE: Supreme Court Stays OSHA Vaccination and Testing Emergency Temporary Standard

On January 13, 2022, the Supreme Court of the United States blocked enforcement of the OSHA Vaccination and Testing Emergency Temporary Standard (“ETS”). The stay prevents OSHA from enforcing the ETS while challenges to the…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates, National Federation of Independent Business v Department of Labor and OSHA

See all updates »

OSHA Issues Updated COVID-19 Guidance to Match CDC’s July 27th Protocol on Masks Indoors in Public Places even for Fully Vaccinated Employees in Substantial or High Transmission Areas

On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks indoors…more

CDC, Coronavirus/COVID-19, General Duty Clause, Guidance Update, Infectious Diseases

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USDOT Safety-Sensitive Employees Now on Notice About CBD Use

USDOT safety-sensitive employees cannot use cannabidiol ("CBD") products without impunity. On February 18, 2020, the U.S. Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (“USDOT”) issued a Policy…more

Cannabidiol (CBD) oil, Cannabis Products, Department of Transportation (DOT), Drug Testing, Farm Bill

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Ohio Supreme Court Finds No Conflict Between MTA and DMA in Reuniting Mineral Interests

On December 2, 2020, the Supreme Court of Ohio issued its opinion in West v. Bode, 2020-Ohio-5473, and determined that either the Marketable Title Act (“MTA”) or the Dormant Mineral Act (“DMA”) may be used to reunite a severed…more

Appellate Courts, Conflict Mineral Rules, Due Process, Marketable Title, Mineral Rights

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Electronic Data Proves Pivotal in Kevin Spacey Cases

Preservation of electronically stored information (ESI) is steadily becoming a determining component in modern-day litigation. Last year, criminal and civil actions against actor Kevin Spacey Fowler arising from an alleged…more

Cell Phones, Criminal Investigations, Dismissal With Prejudice, e-Discovery, Electronically Stored Information

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West Virginia Oil & Gas Conservation Commission to Issue Emergency Rule for Horizontal Deep Wells

At an April 23, 2019 public hearing, the Chairman of the West Virginia Oil and Gas Conservation Commission (“OGCC”) announced the Commission’s intention to introduce an emergency rule for setback/spacing standards for horizontal…more

Comment Period, Emergency Rule, Horizontal Wells, Oil & Gas, Public Comment

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Disagreement Does Not Mean Ambiguity

West Virginia Supreme Court Upholds Water Backup Exclusion - The Supreme Court of Appeals of West Virginia recently found an exclusion for loss or damage caused by “water that backs up or overflows from a sewer, drain, or…more

Appeals, Commercial Insurance Policies, Commercial Property Owners, Employees, Sewer Systems

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WV Supreme Court Broadly Applies Immunity to Certain State Employees

In the recent West Virginia Supreme Court case of R.L.D. v. W.Va. Dep’t of Health & Human Res., 2018 WL 6040310 (November 19, 2018), the Court upheld summary judgment as a matter of law in favor of Child Protective Services…more

Child Custody, Child Protection Laws, Child Protective Services, Emotional Injury Claims, Human Resources Professionals

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Ohio Supreme Court Upholds Land Professional Licensing Requirement

On September 25, 2018, the Supreme Court of Ohio issued its opinion which held that oil and gas land professionals must be licensed as real estate brokers in Ohio if they are engaged in obtaining oil and gas leases for other oil…more

Energy Sector, Land Owners, Licensing Rules, Mineral Exploration, Mineral Leases

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Third Circuit Finds Title IX Applicable to Actions of a Third-Party Campus Visitor

In a case involving the murder of a student on campus by a visiting boyfriend, the Third Circuit Court of Appeals held that an institution may be liable under Title IX for its failure to address apparent harassment by a…more

Appeals, Discipline, Harassment, Liability, Third-Party

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WV Supreme Court of Appeals Decides Hospital Records Case Clarifying "Typicality" Requirement for Class Certification

The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia state…more

Appeals, Business Litigation, Class Certification, Healthcare, Medical Records

See all updates »

OSHA Puts Healthcare Employers on Alert After Issuing Penalties for Willful Citations

An alarm bell has sounded for healthcare facilities as the Occupational Safety and Health Administration (OSHA) issues two Willful COVID-19 Citations with nearly $300,000 in proposed penalties. On August 4th, OSHA…more

Citations, Coronavirus/COVID-19, Healthcare Facilities, Hospitals, Infectious Diseases

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PHMSA Final Rule Expands Federal Oversight, Adds New Type of Regulated Gathering Line

On November 2, 2021, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a Final Rule (the “Final Rule”) to revise 49 C.F.R. Parts 191 and 192 to expand federal oversight of U.S. onshore natural gas…more

Final Rules, Natural Gas, Oil & Gas, PHMSA, Pipelines

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President Moves to Secure Domestic Production and Processing of Rare Earth Elements

Flying under the radar in past years, the recovery of Rare Earth Elements (“REE”) and the importance of REE to manufacturing in the United States are now recognized as crucial issues implicating national security. REEs - used…more

China, Defense Production Act, Defense Sector, Energy Sector, Executive Orders

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PA Supreme Court Halts AG Lawsuit Against Oil and Gas Lessees Under UTPCPL

On March 24, 2021, in a 6-1 decision, the Pennsylvania Supreme Court halted a lawsuit against oil and gas lessees by the Pennsylvania Office of the Attorney General (OAG) under Pennsylvania’s Unfair Trade Practices and Consumer…more

Attorney General, Buyers, Consumer Protection Act, Oil & Gas, PA Supreme Court

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Key Court Decisions Address Issues Concerning the Application of Title IX

Professor’s Classroom Speech Deemed Protected - In a case involving questions regarding the application of Title IX to classroom instruction, the Sixth Circuit Court of Appeals reasoned that a university’s gender-identity…more

Appeals, Colleges, Department of Education, Educational Institutions, Employees

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First Look - Fall 2021: Insurance Newsletter

MASS SHOOTINGS: MULTIPLE CLAIMANT CONSIDERATIONS - In 2020, despite nearly nationwide lockdowns due to the COVID-19 pandemic, the United States sustained 611 mass shooting events. This represents an increase from 336 in 2018…more

Commercial General Liability Policies, Crime Insurance Policies, Insurance Claims, Insurance Contracts, Insurance Industry

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West Virginia Notary Law Changes in Effect June 17, 2021

West Virginia Governor Jim Justice signed SB 469 into law, codifying provisions from a 2020 executive order suspending the mandate requiring a notary be physically present with individuals when signing documents or making notary…more

Governor Justice, Legislative Agendas, New Legislation, Notarization, Remote Notarization

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Congress Extends Tax Credits for Voluntary COVID-Related Sick Leave and Emergency Family Leave

On March 11, 2021, the American Rescue Plan Act (“ARPA”) took effect. While most of the media attention was on the stimulus payments to individuals and the overall cost of the act, this legislation also extended the tax credits…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA)

See all updates »

West Virginia Takes Another Step Toward More Conservative View of Class Actions

Plaintiffs seeking class action treatment in West Virginia state court may find a less hospitable environment in the wake of a recent decision. In State ex rel. Surnaik Holdings of WV, LLC v. Bedell, the Supreme Court of…more

Appeals, Class Action, Class Certification, FRCP 23, Predominance Requirement

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Kentucky Supreme Court Unanimously Applies Quality Assurance Privilege To Malpractice Action

Kentucky long-term care facilities recently won a landmark victory at the Kentucky Supreme Court protecting certain documents created by or at the request of the Quality Assurance Committee from disclosure in litigation. Prior…more

Healthcare, KY Supreme Court, Long Term Care Facilities, Long-Term Care, Medical Malpractice

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New Mexico Enacts 98 Percent Gas Capture Rule

After two years of rulemaking, and more than a year of public comments, on Thursday, March 25, 2021, New Mexico’s Oil Conservation Commission (OCC) unanimously approved new regulations on natural gas emissions that require New…more

Climate Change, Greenhouse Gas Emissions, Methane, Natural Gas, New Regulations

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Ohio Passes Sweeping Anti-Hazing Law Aimed at Colleges and Universities

In the wake of hazing-related deaths at two Ohio universities, Governor Mike DeWine signed Collin’s Law: The Ohio Anti-Hazing Act on July 6, 2021. That law—which goes into effect in early October and is named after Collin Wiant,…more

Anti-Harassment Policies, Colleges, Criminal Prosecution, Educational Institutions, Governor DeWine

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PHMSA Final Rule Expands Federal Oversight, Adds New Type of Regulated Gathering Line

On November 2, 2021, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a Final Rule (the “Final Rule”) to revise 49 C.F.R. Parts 191 and 192 to expand federal oversight of U.S. onshore natural gas…more

Final Rules, Natural Gas, Oil & Gas, PHMSA, Pipelines

See all updates »

Municipal Wastewater Utilities and COVID-19: Being Proactive During a Pandemic

While the threat of contamination through exposure to wastewater is unlikely, there are additional steps municipal wastewater utilities can implement to not only protect its personnel and the users it serves, but to also…more

Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Municipalities, Public Utility

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COVID-19 Causing Restaurant/Bar/Venue Closures - Know Your Legal Requirements

The Steptoe & Johnson Alcohol Team continues to monitor restaurant closures and changes in laws relating to the sale of alcohol within our footprint. As of March 18, 2020, the following directives have been ordered either…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Executive Orders, Shelter-In-Place

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Compliance Audits - How to Prevent Major Title IX Issues

Institutions of Higher Education need to consider new approaches to Title IX compliance. We recommend proactive, periodic, non-incident related, and targeted operational compliance audits to get in front of Title IX issues…more

Academic Misconduct, Audits, Colleges, Compliance, Educational Institutions

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Can Colleges Mandate Vaccines? Yes, But Beware.

As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or…more

ADA, CDC, Civil Rights Act, Colleges, Coronavirus/COVID-19

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Court Limits Workers’ Rights to Form Micro Units for Collective Bargaining Purposes

The D.C. Circuit overturned a decision that allowed Chicago-area hotel workers (housekeepers and food and beverage staff) to form extremely narrow bargaining units. In its decision, the D.C. Circuit held that the NLRB failed to…more

Community of Interest, Employees, Employer Liability Issues, Hospitality Industry, Hotels

See all updates »

New COBRA Notice Requirements for Employers Begin This Month

In the American Rescue Plan Act of 2021 (“ARPA”), Congress provided 6 months of free COBRA coverage for certain individuals who are eligible for COBRA continuation coverage due to a qualifying event that is a reduction in hours…more

American Rescue Plan Act of 2021, COBRA, Coronavirus/COVID-19, Covered Employees, Department of Labor (DOL)

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Expanded Unemployment Compensation Benefits and the CARES Act

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES). The CARES Act is a $2 trillion relief bill that received strong bipartisan support in both the Senate and House of…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Unemployment Insurance

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Computer-Security Incident Rule Creates New Notification Requirements for Banking Organizations and Bank Service Providers

On November 18, 2021, the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (FRB), and the Office of the Comptroller of the Currency (OCC) issued a joint final rule (the…more

Banking Sector, Compliance, Cyber Attacks, Cybersecurity, Data Breach

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The COVID-19 Jobs Protection Act: Liability Immunity for Health Care Facilities on the Horizon in West Virginia

On February 19, 2021, the West Virginia Senate passed SB 277, the “COVID-19 Jobs Protection Act.” The purpose of the Act is stated to “eliminate the liability of the citizens of West Virginia and all persons including…more

Business Entities, Coronavirus/COVID-19, Educational Institutions, Health Care Providers, Healthcare

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The Mission Change Whitepaper: A Glimpse Into Future Rulemakings in Colorado

On November 1st, the Colorado Oil & Gas Conservation Commission (“COGCC”) released its Mission Change Whitepaper... It provides a broad overview of possible future rulemakings after the passage of Senate Bill 19-181, which…more

Energy Sector, Environmental Policies, Oil & Gas, Public Comment, Rulemaking Process

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SEC Expands Accredited Investor Definition

The SEC has expanded the definition of accredited investor to modernize it and enable more investors to access private offerings. “Accredited investor” is defined in Rule 501(a) of Regulation D under the Securities Act of 1933…more

Accredited Investors, Private Offerings, Regulation D, Rule 501(a), SEC

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Ohio Supreme Court Rules on DMA's Notice Requirements for Abandonment of Mineral Interests

On December 17, the Supreme Court of Ohio held in Gerrity v. Chervenak that the circumstances of each respective case will control the efforts a surface owner must take before resorting to notice by publication under the Dormant…more

Abandoned Property, Due Diligence, Land Owners, Land Titles, Mineral Leases

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The May STEO Forecasts Good News on Predicted Pricing, But Concerning Predictions on Production

The U.S. Energy Information Administration (“EIA”) released its Short-Term Energy Outlook (“STEO”) on May 12, 2020, but noted that it was subject to “heightened levels of uncertainty because the effects on energy markets of…more

Coronavirus/COVID-19, Crude Oil, EIA, Energy Sector, Oil & Gas

See all updates »

Kentucky Supreme Court Unanimously Applies Quality Assurance Privilege To Malpractice Action

Kentucky long-term care facilities recently won a landmark victory at the Kentucky Supreme Court protecting certain documents created by or at the request of the Quality Assurance Committee from disclosure in litigation. Prior…more

Healthcare, KY Supreme Court, Long Term Care Facilities, Long-Term Care, Medical Malpractice

See all updates »

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will only…more

Bad Faith, Commercial General Liability Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

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Governor Justice to Reopen West Virginia - Guidance for the Construction Industry

Although the construction industry was generally exempted from Governor Jim Justice’s March 23, 2020 Order directing all non-essential businesses to temporarily close due to COVID-19, the pandemic will nevertheless have a…more

Construction Industry, Executive Orders, Governor Justice, Re-Opening Guidelines, Social Distancing

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OSHA Issues Updated COVID-19 Guidance to Match CDC’s July 27th Protocol on Masks Indoors in Public Places even for Fully Vaccinated Employees in Substantial or High Transmission Areas

On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks indoors…more

CDC, Coronavirus/COVID-19, General Duty Clause, Guidance Update, Infectious Diseases

See all updates »

NLRB General Counsel Sends Strong Message That Many Scholarship Athletes are "Employees"

On September 29, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC-21-08, in which she explained her position that the NLRB will consider many scholarship athletes to be “employees” under the National Labor Relations…more

College Athletes, Colleges, Compensation, Employee Definition, Employees

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PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in Asbestos Claim

In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps, Inc.,…more

Affidavits, Asbestos Litigation, Cross Examination, Depositions, Evidence

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The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care Itself

The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional…more

Appeals, Health Care Providers, Healthcare, Insurance Claims, Insurance Industry

See all updates »

Court Limits Workers’ Rights to Form Micro Units for Collective Bargaining Purposes

The D.C. Circuit overturned a decision that allowed Chicago-area hotel workers (housekeepers and food and beverage staff) to form extremely narrow bargaining units. In its decision, the D.C. Circuit held that the NLRB failed to…more

Community of Interest, Employees, Employer Liability Issues, Hospitality Industry, Hotels

See all updates »

First Look: Spring 2021 Newsletter

In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,…more

Business Interruption, Business Litigation, Commercial General Liability Policies, Coronavirus/COVID-19, Insurance Industry

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Department of Justice Wants Corporate Compliance Plans on the "Front Burner"

New Department of Justice (“DOJ”) Criminal Chief Kenneth Polite was recently interviewed about his efforts to reinvigorate federal white-collar crime prosecutions. DOJ’s new priorities will include investigations of corporate…more

Compliance, Cyber Crimes, Department of Justice (DOJ), Enforcement Actions, Government Agencies

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PFAS Lawsuits Illustrate Impact of Plaintiffs' Legal Theories

A recent case filed in the U.S. District Court for the Northern District of West Virginia serves as an illustration of the significant impact plaintiffs' legal theories will have on those targeted as a source or potential source…more

Chemicals, Contamination, Drinking Water, PFAS, Toxic Chemicals

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Title IX Applies to Cases Involving Sexual Orientation and Gender Identity, Department of Education Advises

In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based upon…more

Colleges, Department of Education, Educational Institutions, Gender-Based Violence, OCR

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First Look - Fall 2021: Insurance Newsletter

MASS SHOOTINGS: MULTIPLE CLAIMANT CONSIDERATIONS - In 2020, despite nearly nationwide lockdowns due to the COVID-19 pandemic, the United States sustained 611 mass shooting events. This represents an increase from 336 in 2018…more

Commercial General Liability Policies, Crime Insurance Policies, Insurance Claims, Insurance Contracts, Insurance Industry

See all updates »

EPA Introduces Additional Action Items Under Its 2019 PFAS Action Plan

On January 19, 2021, the United States Environmental Protection Agency (“EPA”) introduced several new action items to further complement its progress under the 2019 Per-and Polyfluoroalkyl Substances ("PFAS") Action Plan. These…more

CERCLA, Contaminated Properties, Drinking Water, EPA, Groundwater

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New Amendment to West Virginia Consumer Credit and Protection Act Provides More Clarity for Creditors

On March 18, 2021, the West Virginia legislature passed Senate Bill 5 – an Amendment to the West Virginia Consumer Credit and Protection Act (WVCCPA). The Amendment provides more clarity about several aspects of litigation under…more

Business Litigation, Consumer Credit Protection Act (CCPA), Governor Justice, Legislative Agendas, Proposed Amendments

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First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will only…more

Bad Faith, Commercial General Liability Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

See all updates »

New Ohio Court Ruling Tackles Issues Critical to Lessees

Another significant oil and gas law decision has recently been published out of the Ohio Seventh District Court of Appeals. In the case of Hogue v. Whitacre, 2017-Ohio-9377, released on December 22, 2017, the Seventh District…more

Appeals, Commercial Leases, Mineral Leases, Oil & Gas, Operating Costs

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Steptoe & Johnson's First Look Winter 2018 Insurance Newsletter

Employers face liability in a variety of contexts; however, commercial general liability (“CGL”) policies “generally exclude coverage for injury to an employee ‘arising out of and in the course of’ the employment.” In addition,…more

#MeToo, Bodily Injury, Civil Rights Act, Commercial General Liability Policies, Employer Liability Issues

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Department of Justice Wants Corporate Compliance Plans on the "Front Burner"

New Department of Justice (“DOJ”) Criminal Chief Kenneth Polite was recently interviewed about his efforts to reinvigorate federal white-collar crime prosecutions. DOJ’s new priorities will include investigations of corporate…more

Compliance, Cyber Crimes, Department of Justice (DOJ), Enforcement Actions, Government Agencies

See all updates »

A Six Foot Look at the Business, Loan, and Tax Reform Legislation In Response to COVID-19

LOAN ASSISTANCE PROVISIONS - Express Bridge Loan Pilot Program: Unilateral pronouncement of the SBA- • While not part of the CARES legislation, the SBA announced as a response to COVID19, small businesses that currently…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Eviction, Forbearance Agreements

See all updates »

The Corporate Transparency Act

The Corporate Transparency Act (CTA), included as an amendment to the Anti-Money Laundering Act of 2020, was passed by Congress this year as an effort to make it more difficult to commit “shell company” money laundering, tax…more

Anti-Money Laundering, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Prosecution

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The Mission Change Whitepaper: A Glimpse Into Future Rulemakings in Colorado

On November 1st, the Colorado Oil & Gas Conservation Commission (“COGCC”) released its Mission Change Whitepaper... It provides a broad overview of possible future rulemakings after the passage of Senate Bill 19-181, which…more

Energy Sector, Environmental Policies, Oil & Gas, Public Comment, Rulemaking Process

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Pennsylvania Governor Seeks Nation’s Largest Government Commitment to Solar Energy

On March 21, 2021, Pennsylvania Governor Tom Wolf announced the largest government commitment to purchase solar energy in the United States. The proposal, called Pennsylvania PULSE, would produce enough electricity from solar…more

Clean Energy, Energy Sector, Governor Wolf, Proposed Legislation, Renewable Energy

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New Amendment to West Virginia Consumer Credit and Protection Act Provides More Clarity for Creditors

On March 18, 2021, the West Virginia legislature passed Senate Bill 5 – an Amendment to the West Virginia Consumer Credit and Protection Act (WVCCPA). The Amendment provides more clarity about several aspects of litigation under…more

Business Litigation, Consumer Credit Protection Act (CCPA), Governor Justice, Legislative Agendas, Proposed Amendments

See all updates »

Computer-Security Incident Rule Creates New Notification Requirements for Banking Organizations and Bank Service Providers

On November 18, 2021, the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (FRB), and the Office of the Comptroller of the Currency (OCC) issued a joint final rule (the…more

Banking Sector, Compliance, Cyber Attacks, Cybersecurity, Data Breach

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WV Supreme Court of Appeals Decides Hospital Records Case Clarifying "Typicality" Requirement for Class Certification

The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia state…more

Appeals, Business Litigation, Class Certification, Healthcare, Medical Records

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First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will only…more

Bad Faith, Commercial General Liability Policies, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

See all updates »

Ohio Supreme Court Provides Some Clarity on the Specificity Required to Reserve Interests Under the Marketable Title Act

On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a recitation…more

Energy Sector, Marketable Title, Mineral Rights, Minerals, OH Supreme Court

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EEO-1 Filers Required to Submit 2017 and 2018 Pay Data by Sept. 30

In March of this year, a federal judge ordered the White House Office of Management and Budget to lift its stay of an Obama-era plan for businesses to turn over detailed pay and hours-worked data as part of their EEO-1…more

Data Collection, EEO-1, EEOC, Employer Liability Issues, Filing Deadlines

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Illinois Supreme Court Issues Opinion that May Change Asbestos Litigation Landscape

On September 21, 2017 the Supreme Court of the State of Illinois issued a personal jurisdiction opinion that may change the national landscape of asbestos litigation. Aspen American Insurance Company v. Interstate…more

Asbestos Litigation, Domicile, General Jurisdiction, IL Supreme Court, Personal Jurisdiction

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Supreme Court of Appeals of West Virginia Modifies "Stranger to the Deed" Rule

On Friday, June 4, the Supreme Court of Appeals of West Virginia modified the “stranger to the deed” rule by holding in Klein v. McCulough, No. 19-0888, 2021 WL 2284071 (W. Va. Jun. 4, 2021) that the “stranger to the deed” rule…more

Appeals, Buyers, Deeds, Property Owners, Right of First Refusal

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Status of Medical Marijuana in West Virginia

On January 11, 2019, Patrick Morrisey, the Attorney General of the State of West Virginia, issued a legal opinion discussing the legal risks the financial service industry may face as West Virginia implements its medical…more

Banking Sector, Controlled Substances Act, Decriminalization of Marijuana, Dispensaries, Financial Institutions

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Real Estate Investors Beware - Corporate Transparency Act to Require Disclosure of Beneficial Ownership

In Congress’s effort to combat the financing of terrorism, money laundering, and other illicit activity, the recently passed Corporation Transparency Act (the “CTA”) will require business entities to report their beneficial…more

Business Entities, Corporate Transparency Act, Disclosure, FinCEN, Investors

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West Virginia Supreme Court Applies Ohio Mixed Dust Exposure Statute

Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of…more

Appeals, Coal Industry, Combustible Dust, Forum Shopping, lex loci delicti

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CMS Continues Its Focus on Hospital Pricing Transparency

The Centers for Medicare & Medicaid Services’ (“CMS”) message this year has been consistent – hospitals need to comply with CMS’ Hospital Transparency Rule. This rule requires hospitals and health systems to disclose a…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Compliance, Health Care Providers, Hospitals

See all updates »

New HIPAA Guidance from OCR on COVID-19 Vaccines and the Workplace

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance regarding the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy rule (the “Privacy Rule”) in the form…more

Coronavirus/COVID-19, Covered Entities, Disclosure, Employees, Employer Liability Issues

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Silica Limits for Oil and Gas Operations

June 23, 2018 will bring new standards into play for the producers of our nation’s oil and gas resources, particularly the unconventional operations utilizing hydraulic fracturing. The long expected regulations on exposure to…more

Fracking, Hazardous Substances, Oil & Gas, OSHA, Safety Precautions

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West Virginia Judge Rules Private Sector Unions are Entitled to Collect Dues, Fees, and Assessments From Non-Union Employees

In a ruling entered late on Wednesday, February 27, 2019, Kanawha County, West Virginia, Circuit Judge Jennifer Bailey issued a long-awaited ruling in the litigation challenging the constitutionality of West Virginia’s…more

Appeals, Collective Bargaining, Constitutional Challenges, Private Sector, Right to Work

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WV Commissioner Addresses Coverage of COVID-19-related Workers’ Comp Claims

Several states have passed laws addressing the compensability of COVID-19-related workers’ compensation claims. West Virginia hasn’t enacted any specific legislation about whether contracting the coronavirus should qualify as an…more

Compensation, Coronavirus/COVID-19, Employee Benefits, Employees, Employer Liability Issues

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West Virginia Governor Announces First Appointees to New Intermediate Court of Appeals

West Virginia Governor Jim Justice appointed Thomas E. Scarr of Huntington, Daniel W. Greear of Charleston, and Donald A. Nickerson, Jr. of Wheeling to staggered terms on the newly-created West Virginia Intermediate Court of…more

Administrative Appointments, Appeals, Appellate Courts, Business Litigation, Governor Justice

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A Primer on the COVID-19 Vaccines

To date, two COVID-19 vaccines have been authorized for emergency use by the FDA. Produced by Pfizer and Moderna, the vaccines are in full distribution throughout the world; however they differ slightly in certain respects…more

CDC, Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA, Health Care Providers

See all updates »

U.S. District Court Enjoins Vaccine Mandate for Federal Contractors in Kentucky, Ohio, and Tennessee

As educational institutions sort through the contradictory patchwork of legal requirements regarding COVID vaccine mandates that have emerged over the past year, a U.S. District Court in Kentucky added one more wrinkle. While…more

Appeals, Biden Administration, Coronavirus/COVID-19, Educational Institutions, Employer Liability Issues

See all updates »

Court Affirms Denial of Board of Public Education's Summary Judgment Motion in Asbestos Case

Earlier this year, the Commonwealth Court of Pennsylvania upheld a denial of a motion for summary judgment filed by the Pittsburgh School District’s Board of Public Education (“PBE”). Geier v. Bd. of Pub. Educ. of the Sch…more

Asbestos Litigation, Board of Education, Governmental Immunity, Motion for Summary Judgment, Public Schools

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Can Colleges Mandate Vaccines? Yes, But Beware.

As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or…more

ADA, CDC, Civil Rights Act, Colleges, Coronavirus/COVID-19

See all updates »

First Look - Fall 2017: Issues and Developments in Insurance Law

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured provisions…more

Additional Insured, Commercial General Liability Policies, Construction Industry, Contract Interpretation, Contract Terms

See all updates »

Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests

As of January 15, 2022, fully-insured and self-insured group health plans are required to reimburse participants for the cost of purchasing over-the-counter (“OTC”) COVID-19 tests, even if such tests are purchased without the…more

Coronavirus/COVID-19, Employer Group Health Plans, Families First Coronavirus Response Act (FFCRA), FDA, Health Care Providers

See all updates »

West Virginia Counties and Municipalities Await Cash Influx. What Happens Next?

On March 11, President Biden signed into law the American Rescue Plan of 2021 ("Rescue Plan"), a $1.9 trillion COVID-19 relief package with the goal of providing financial relief to Americans and incentives to stimulate the…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Federal Funding, Financial Aid

See all updates »

Colorado Senate Bill 181 Signed by Governor Polis

Governor Polis signed the highly controversial S.B. 181 into law on April 16, 2019. Why is this important to you? S.B. 181, also known as “Protect Public Welfare Oil and Gas Operations” has been referred to as “landmark…more

Carbon Emissions, Energy Reform, Energy Sector, Environmental Policies, New Legislation

See all updates »

Biden Creates Task Force on Worker Organizing and Increases Minimum Wage for Federal Contractors

On April 27, 2021, President Biden issued two executive orders that have the potential to significantly impact employers. One of these orders establishes a White House Task Force on “Worker Organizing and Empowerment.” Chaired…more

Biden Administration, Employer Liability Issues, Executive Orders, Federal Agency Taskforce, Federal Contractors

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PA Requires Oil and Gas Lessees to Withhold State Income Taxes from Nonresident Lessors

Under Act 43 of 2017 beginning January 1, 2018, anyone that pays Pennsylvania-source non-employee compensation or business income to a non-resident individual or disregarded entity that has a non-resident member, and is required…more

1099s, Business Taxes, Estate Tax, Income Taxes, Independent Contractors

See all updates »

Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests

As of January 15, 2022, fully-insured and self-insured group health plans are required to reimburse participants for the cost of purchasing over-the-counter (“OTC”) COVID-19 tests, even if such tests are purchased without the…more

Coronavirus/COVID-19, Employer Group Health Plans, Families First Coronavirus Response Act (FFCRA), FDA, Health Care Providers

See all updates »

WARN Act COVID-19 Lawsuits on the Rise

Recently, the attorneys responsible for filing a much-publicized Florida class action against Enterprise Rental Car alleging violations of the Worker Adjustment and Retraining Notification Act (“WARN”) struck again; this time…more

Appeals, Coronavirus/COVID-19, Employees, Employer Liability Issues, Employment Litigation

See all updates »

President Moves to Secure Domestic Production and Processing of Rare Earth Elements

Flying under the radar in past years, the recovery of Rare Earth Elements (“REE”) and the importance of REE to manufacturing in the United States are now recognized as crucial issues implicating national security. REEs - used…more

China, Defense Production Act, Defense Sector, Energy Sector, Executive Orders

See all updates »

Fumes, Ultraviolet Radiation from Welding Named Carcinogens by IARC

Welding fumes and ultraviolet radiation from welding have recently been classified as Group 1 carcinogens by the International Agency for Research on Cancer (IARC), the World Health Organization’s specialized cancer agency…more

Cancer, Toxic Exposure, World Health Organization

See all updates »

Conviction of Harvard Researcher for Chinese Ties Serves as Caution to Universities

Charles Lieber, former chair of the chemistry and chemical biology department at Harvard University, was convicted on December 21st by a jury on two counts of making false statements to federal authorities, two counts of making…more

China, Criminal Convictions, Criminal Prosecution, Duty to Disclose, Failure-to-File

See all updates »

U.S. District Court Enjoins Vaccine Mandate for Federal Contractors in Kentucky, Ohio, and Tennessee

As educational institutions sort through the contradictory patchwork of legal requirements regarding COVID vaccine mandates that have emerged over the past year, a U.S. District Court in Kentucky added one more wrinkle. While…more

Appeals, Biden Administration, Coronavirus/COVID-19, Educational Institutions, Employer Liability Issues

See all updates »

First Look - Winter Issue 2018

This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused…more

Additional Insured, Auto Insurance, Commercial General Liability Policies, Construction Industry, Construction Project

See all updates »

The Corporate Transparency Act

The Corporate Transparency Act (CTA), included as an amendment to the Anti-Money Laundering Act of 2020, was passed by Congress this year as an effort to make it more difficult to commit “shell company” money laundering, tax…more

Anti-Money Laundering, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Prosecution

See all updates »

CARES Act: Higher Education Emergency Relief Fund

The CARES Act provides $30,750,000,000 for the Education Stabilization Fund of which approximately $14,237,250,000 is set aside for the Higher Education Emergency Relief Fund. • Most higher education institutions will…more

CARES Act, Education Stabilization Fund (ESF), Higher Education Act

See all updates »

OSHA Issues Updated COVID-19 Guidance to Match CDC’s July 27th Protocol on Masks Indoors in Public Places even for Fully Vaccinated Employees in Substantial or High Transmission Areas

On Friday, August 13, 2021, OSHA issued an updated Guidance document regarding COVID-19 Plans and the General Duty Clause. OSHA has now adopted CDC’s July 27th Protocol in which Fully Vaccinated employees must wear masks indoors…more

CDC, Coronavirus/COVID-19, General Duty Clause, Guidance Update, Infectious Diseases

See all updates »

West Virginia Legislative Brief - April 2021

Welcome to the 2021 Legislative Brief, your one-stop shop for legislative news from a variety of sources throughout West Virginia, and my view of the legislative happenings on the horizon. Today marks the 52nd day of the 60-day…more

Governor Justice, Income Taxes, Legislative Agendas, Lobbying, Proposed Legislation

See all updates »

Paid COVID-19 Leave Extended on a voluntary Basis Through March 31

Since April 1, employers with fewer than 500 employees have been required to grant paid leave to their employees for a variety of COVID-related reasons. The two paid-leave provisions in the Families First Coronavirus Response…more

Coronavirus/COVID-19, Covered Employer, Department of Labor (DOL), EFMLA, Employees

See all updates »

Department of Justice Wants Corporate Compliance Plans on the "Front Burner"

New Department of Justice (“DOJ”) Criminal Chief Kenneth Polite was recently interviewed about his efforts to reinvigorate federal white-collar crime prosecutions. DOJ’s new priorities will include investigations of corporate…more

Compliance, Cyber Crimes, Department of Justice (DOJ), Enforcement Actions, Government Agencies

See all updates »

Selling Assets to Reduce Your Estate Tax Exposure - Act Before September 30

If you have an estate that may be subject to estate tax next year, particularly if the November election results in a greatly reduced federal estate tax exemption in 2021, now is the time to remove assets from your taxable…more

Asset Management, Asset Transfer, Estate Planning, Estate Tax, Income Taxes

See all updates »

A Broad New Interpretation of the Scope of the West Virginia Medical Professional Liability Act

The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care…more

Appeals, Health Care Providers, Healthcare, Negligence, Pre-Suit Investigation

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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:

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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:

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Information for EU and Swiss Residents

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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
150 Harbor Drive, #2760
Sausalito, CA 94965

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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
150 Harbor Drive, #2760
Sausalito, CA 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.

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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

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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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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.