Author Info for Steptoe & Johnson PLLC

Tammie Alexander

“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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Devon Alt

Two Major SCOTUS Decisions Changing Federal Regulation Landscape

In the final days of the term that just ended, the Supreme Court of the United States (SCOTUS) issued two major decisions changing the federal regulation landscape – Loper Bright and Corner Post…more

Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies, Judicial Authority

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Thomas Aman Jr.

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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Peter Anastopulos

Withdrawing Employee Retention Credit Claims

IRS Updates - Because of promoters aggressively pushing schemes to claim the employee retention credit (ERC) and the resulting confusion surrounding eligibility, the IRS has released guidance for employers wanting to withdraw…more

Employee Retention, Employer Liability Issues, Employer Tax Guides, IRS, New Guidance

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Kristen Andrews Wilson

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to Wrongful-Death Actions

If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a…more

Appellate Courts, Medical Malpractice, Medical Negligence, OH Supreme Court, Professional Liability

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Michael Barill

Reporting Under the Corporate Transparency Act: Is Your Company in Compliance?

Federal requirements enacted by the Corporate Transparency Act for small businesses to report information about themselves and their beneficial owners are just weeks away from taking effect. Starting January 1, 2024, many…more

Beneficial Owner, Business Entities, Compliance, Corporate Governance, Corporate Transparency Act

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Rodney Bean

The Federal Trade Commission Votes to Ban Non-Compete Agreements With Limited Exceptions

On April 23, the Federal Trade Commission (FTC) issued a final rule banning non-compete agreements, subject to very narrow exceptions, after concluding that non-compete agreements are unfair methods of competition and violate…more

Competition, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Kathy Beckett

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

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Armando Benincasa

SCOTUS Redefines the Bounds of the Clean Water Act with Its Decision in Sackett v. United States

In a decision that has been anticipated for months, the U.S. Supreme Court issued its opinion in Sackett v. United States, essentially rewriting jurisprudence established previously in Rapanos v. United States, 547 U.S. 715…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Rapanos v US, Sackett

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James Birch

Texas Federal Court Invalidates FTC’s Non-Compete Ban As Unconstitutional

A federal judge in Texas has barred enforcement of the Federal Trade Commission’s (FTC’s) new regulations, which otherwise would have banned most non-compete agreements. Holding that the FTC lacked statutory authority to…more

Administrative Procedure Act, Arbitrary and Capricious, Employees, Employer Liability Issues, Employment Contract

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Marcus Black

DOL Proposed Rule Would Make Higher-Paid Employees Eligible for Overtime

On August 30, the U.S. Department of Labor (DOL) announced that it would put forward a rule to raise the salary threshold under which employees are eligible for overtime pay under federal labor laws. The Fair Labor Standards Act…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Crystal Bombard-Cutright

Fourth Circuit Sets Forth the Requirements for the ‘Loss of Chance’ Provision of West Virginia’s Medical Professional Liability Act

The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a…more

Appeals, Hospitals, Insurance Litigation, Medical Malpractice, Patients

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Marc Bryson

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, Environmental Protection Agency (EPA)

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Leah Burton

Homeowner Associations, Condominiums, and the Corporate Transparency Act

Since the enactment of the Corporate Transparency Act (CTA), property ownership associations such as homeowner associations and condominiums (collectively, POAs) have struggled to understand their beneficial ownership…more

Beneficial Owner, Community Associations, Condominium Associations, Corporate Transparency Act, Deadlines

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Anthony Caldera

Quick! No Time to Blink! NLRB Reverts to Speedy Election Rules

The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by the…more

Employer Liability Issues, Final Rules, NLRA, NLRB, Proposed Rules

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John Callcott

OSHA Outlines Enforcement Priorities for 2023

Senior Department of Labor officials recently outlined the Occupational Safety and Health Administration’s (OSHA) enforcement priorities at an American Bar Association conference regarding occupational safety…more

Amended Regulation, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Enforcement

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James Carpenter

Significant Changes for Ohio Limited Liability Companies Under New Ohio Law

Limited liability companies (LLCs) in Ohio are facing significant changes with a new law, the Ohio Revised Limited Liability Company Act (the Act). The Act becomes effective soon on February 11, 2022. By replacing existing Ohio…more

Limited Liability Company (LLC), New Legislation

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John Chadd

FTC’s 2023 Adjustments to HSR Filing Thresholds; Merger Filing Fee Modernization Act of 2022

On January 26, 2023, the Federal Trade Commission (FTC) published in the Federal Register its annual adjustment for notification thresholds regarding proposed mergers and acquisitions under the Hart-Scott-Rodino Antitrust…more

Acquisitions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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Brent Chicken

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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Braden Christopher

DOE Releases the Notice of Intent to Fund Hydrogen Hubs Under the Infrastructure Investment and Jobs Act

On June 6, 2022, the Department of Energy (DOE) announced its Notice of Intent (NOI) to fund at least four clean hydrogen hubs across the United States. By way of background, the interest in hydrogen production skyrocketed…more

Critical Infrastructure Sectors, Deadlines, Department of Energy (DOE), Energy Projects, Funding Opportunities

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Bryan Cokeley

FTC Proposes A Blanket Ban On Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that…more

Competition, Employees, Employer Liability Issues, Enforcement Actions, Federal Trade Commission (FTC)

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Gordon Copland

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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Katherine David

Collective Bargaining for Nonprofit Organizations

In recent years, the Service Employees International Union the American Federation of State, County and Municipal Employees, and the Office and Professional Employees International Union have made substantial progress in…more

Collective Bargaining, Employees, Employer Liability Issues, Grants, NLRA

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Mark Dean

Navigating the ‘Tridemic’: Employer Considerations in Mandatory Vaccination Policies

Employers worried about the safety of employees and clients, especially during the annual flu season, have moved toward implementing vaccination policies in the workplace. At the time of this writing, health officials are…more

Employees, Employer Liability Issues, Employer Mandates, Employment Policies, Health and Safety

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Susan Llewellyn Deniker

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers. Another…more

Colleges, Educational Institutions, Employee Definition, Employees, Labor Regulations

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Marcia DePaula

"Amateurism" Eroding: The Third Circuit Opens the Door to Employee Status for College Athletes Under the FLSA

On July 11, 2024, the U.S. Court of Appeals for the Third Circuit held in Johnson v. NCAA, No. 22-1223, (3d Cir. July 11, 2024) that college athletes may be considered employees under the Fair Labor Standards Act (FLSA). College…more

Amateurism Rules, Appeals, College Athletes, Colleges, Employees

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G. Kurt Dettinger

West Virginia Legislature Passes Bill Changing Oil and Gas Property Tax Valuation Methodology

On Friday, March 11, 2022, the West Virginia Legislature passed H.B. 4336, which changes the methodology the State Tax Commissioner utilizes for oil and gas property tax valuation…more

Governor Justice, Income Taxes, Legislative Agendas, Oil & Gas, Property Tax

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Amanda Dick

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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Tracey Eberling

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

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Sarah Ellis

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, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction

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Adam Ennis

American Arbitration Association Amends Construction Industry Arbitration Rules

Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations…more

Amended Regulation, American Arbitration Association, Arbitration, Construction Contracts, Construction Disputes

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Christopher Etheredge

First Look - Winter 2022: Insurance Newsletter

ADVERTISING INJURIES: DEFAMATION AND RIGHT OF PUBLICITY - Advertising injuries occur when a business injures another party during the course of advertising its products or services. The Insurance Services Office (ISO) defines…more

Advertising Injury, Commercial General Liability Policies, Defamation, Insurance Industry, Insurance Litigation

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Michael Flowers

Fifth Circuit Upholds Nasdaq’s Rules on Board Diversity

In Alliance for Fair Board Recruitment v. SEC, a panel of three 5th U.S. Circuit Court of Appeals judges upheld Nasdaq’s rules on board diversity. The rules require each Nasdaq-listed company to disclose information on the…more

Amicus Briefs, Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I)

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Sandra Fraley

Oklahoma Limits Foreign Property Ownership, Requires Affidavit of Compliance for Deeds

On November 1, 2023, a statutory amendment went into effect in Oklahoma which requires an affidavit be completed and attached as an exhibit to all deeds filed for record in any county in the state certifying compliance with the…more

Affidavits, Buyers, Deeds, Foreign Entities, Foreign Ownership

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Anne Frye

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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Bridget Furbee

District Court Dismisses Challenge to West Virginia Unitization Act

On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners…more

Appeals, Constitutional Challenges, Energy Sector, Mineral Leases, Mineral Rights

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Michelle Gaston

Fourth Circuit Reaffirms Necessary Prerequisites for Claiming Hayseeds Damages and Offers Guidance on Admissibility of Experts

On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v…more

Appeals, Bad Faith, Car Accident, Damages, Insurance Claims

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Joyce Gentry

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

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Jace Goins

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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Andrew Graham

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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Christine Green

Homeowner Associations, Condominiums, and the Corporate Transparency Act

Since the enactment of the Corporate Transparency Act (CTA), property ownership associations such as homeowner associations and condominiums (collectively, POAs) have struggled to understand their beneficial ownership…more

Beneficial Owner, Community Associations, Condominium Associations, Corporate Transparency Act, Deadlines

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Luke Helms

Consumer Financial Protection Bureau Imposes Record Fine for Consumer Banking Violations; Civil Suits May Follow

The Consumer Financial Protection Bureau (CFPB) recently imposed its largest fine ever for consumer banking law violations. The agency’s action is a good reminder for other banks to review their own practices and may spawn class…more

Banking Sector, Banks, Civil Monetary Penalty, Class Action, Consent Order

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Katie Herrmann

Recent Decision Drastically Changes Venue Rules for Pennsylvania Health Care Providers

In a setback for Pennsylvania health care providers, the Supreme Court of Pennsylvania approved an order amending the rules pertaining to the venue in which medical malpractice suits may be brought. The Pennsylvania Rules of…more

Health Care Providers, Legislative Agendas, Medical Malpractice, PA Supreme Court, Professional Liability

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Shelby Hicks-Merinar

EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule to implement the Pregnant Workers Fairness Act (PWFA), which was passed on June 27, 2023. The PWFA requires public and private…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Labor Reform

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Kevin Hivick Jr.

FERC and NERC Issue Joint Recommendations in Response to Winter Storm Elliott Potentially Impacting Well Head to the Burner Tip

On November 7, 2023, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) issued a joint report including recommendations targeting the natural gas industry from the well…more

Electricity, FERC, Marcellus Shale, Natural Gas, NERC

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Gary Holland

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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Nathaniel Holland

Pennsylvania Court Upholds Cross-Unit Drilling Under Act 85

On January 24, 2023, the U.S. District Court for the Middle District of Pennsylvania held that Act 85 of 2019, which permits drilling horizontal oil and gas wells across existing drilling units, is not unconstitutional…more

Constitutional Challenges, Contract Disputes, Contract Terms, Land Owners, Mineral Leases

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Vincent Holzhall

HELOC Funds Accessed With a Credit Card: No Right To Offset Absent Express Agreement

The idea of borrowing against equity in a residential home through a second mortgage has been around for almost a century. However, the popularity of a home equity line of credit (HELOC) increased in the 1980s following the Tax…more

Banking Sector, Consumer Financial Products, Financial Services Industry, HELOC, Home Equity

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Keeleigh Scarlett Huffman

Claims Period Open for Eligible Public Water Systems Under DuPont PFAS MDL*

With the U.S. Environmental Protection Agency’s (EPA) recent announcement of final maximum contaminant levels for various per- and polyfluoroalkyl substances (PFAS), public water systems (PWSs) are determining what actions will…more

Contamination, Drinking Water, Enforcement Guidance, Environmental Policies, Environmental Protection Agency (EPA)

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Dylan Hughes

Employers Within the Fifth Circuit Are Now Open to More Claims Under Title VII with the Abandonment of the Previous Title VII “Ultimate Employment Decisions” Rule

The Fifth Circuit no longer limits Title VII claims to “ultimate employment decisions” per the en banc decision in Hamilton v. Dallas County. In Hamilton, a group of female officers alleged that the Dallas County Sheriff’s…more

Certiorari, Employer Liability Issues, Employment Discrimination, Employment Litigation, En Banc Review

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Brian Hurt

Hazard Alert! Don’t Ignore OSHA’s Updated Electronic Submission Requirements for Employers

Effective January 1, 2024, the Occupational Safety and Health Administration’s (OSHA) new record-keeping rule will now require employers with 100 or more workers in OSHA’s “highest hazard” industries to electronically file…more

Amusement Parks, Delivery Drivers, Electronic Filing, Employer Liability Issues, Entertainment Industry

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Gregory Jackson

First Look - Summer 2022: Insurance Newsletter

Change is a constant in the world today. This is particularly true of the past two tumultuous years, which saw a worldwide pandemic that impacted nearly every aspect of everyday life. Rapidly advancing technology and third-party…more

Climate Change, Coronavirus/COVID-19, Cybersecurity, Data Breach Costs, Data Protection

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Mark Jeffries

ALL EMPLOYERS BEWARE: Previously Lawful Employer Rules May Now Violate the NLRA Even in Non-Unionized Workplaces

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) decided a case called Stericycle, Inc. This case is the latest in what has been a continued effort to roll back precedents set under the Trump…more

Employee Handbooks, Employees, Employer Liability Issues, Employment Policies, NLRA

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Russell Jessee

HELOC Funds Accessed With a Credit Card: No Right To Offset Absent Express Agreement

The idea of borrowing against equity in a residential home through a second mortgage has been around for almost a century. However, the popularity of a home equity line of credit (HELOC) increased in the 1980s following the Tax…more

Banking Sector, Consumer Financial Products, Financial Services Industry, HELOC, Home Equity

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Craig Johnson

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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Blake Jones

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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John Keeling

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

Megan Tymoczko-Korch

OCR Enforcement of Right to Access Extends to Dental Practices

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) continues its enforcement activities to emphasize compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule’s…more

Civil Monetary Penalty, Compliance, Dental Practice, Department of Health and Human Services (HHS), Enforcement Actions

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Dallas Kratzer III

Two Major SCOTUS Decisions Changing Federal Regulation Landscape

In the final days of the term that just ended, the Supreme Court of the United States (SCOTUS) issued two major decisions changing the federal regulation landscape – Loper Bright and Corner Post…more

Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies, Judicial Authority

See all updates »

Kurt Krieger

FERC and NERC Issue Joint Recommendations in Response to Winter Storm Elliott Potentially Impacting Well Head to the Burner Tip

On November 7, 2023, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) issued a joint report including recommendations targeting the natural gas industry from the well…more

Electricity, FERC, Marcellus Shale, Natural Gas, NERC

See all updates »

Edward Kropp

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

Stacy Kula

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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Tara LaClair

New York Federal Court Refuses to Extend Accounting Controls Requirements to Cybersecurity Controls

Section 13(b)(2)(B) of the Securities Exchange Act of 1934 requires public companies to “devise and maintain a system of internal accounting controls.” In a recent opinion, a New York federal court rejected the Securities…more

Board of Directors, Chief Information Security Officer (CISO), Corporate Governance, Cyber Attacks, Cyber Incident Reporting

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Peter Lake

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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Jennifer Lamirand

Two U.S. Supreme Court Decisions Will Affect the Securities Industry

The Supreme Court of the United States (SCOTUS) recently issued two opinions that are likely to have a longer-term effect on the way securities industry matters are handled. Juries, not the Securities Exchange Commission…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Procedure Act, Administrative Proceedings, Ambiguous

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Joseph Leonoro

DOL Proposed Rule Would Make Higher-Paid Employees Eligible for Overtime

On August 30, the U.S. Department of Labor (DOL) announced that it would put forward a rule to raise the salary threshold under which employees are eligible for overtime pay under federal labor laws. The Fair Labor Standards Act…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Joseph Lewis III

Pennsylvania Appellate Court Invalidates Online Arbitration Clause in Hyperlinked 'Terms and Conditions'

The Pennsylvania Superior Court recently invalidated Uber’s use of a mandatory arbitration clause in an online registration page for customers, ruling that the arbitration clause was unenforceable because it did not clearly…more

Arbitration, Consumer Contracts, Mandatory Arbitration Clauses, Motion to Compel, Online Contracts

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Richard Lewis

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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Anders Lindberg

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all who…more

Appeals, Employees, Employer Liability Issues, General Contractors, Legislative Agendas

See all updates »

David Little

Colorado Supreme Court Clarifies the Law Applicable to Oil and Gas Leases

The Colorado Supreme Court on November 20, 2023, issued a long-awaited decision that reversed a 2021 panel of the Colorado Court of Appeals by rejecting the universal application of the “commercial discovery rule” to Colorado…more

Appeals, CO Supreme Court, Commercial Leases, Commercial Litigation, Discovery Rule

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Jason Lucas

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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Aimee Majoue

The Federal Trade Commission Ban on Non-Competes and its Impact on Transitioning Representatives and Advisors

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the rights…more

Employer Liability Issues, Employment Contract, Employment Policies, Exceptions, Federal Bans

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James Martin Jr.

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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Ben McFarland

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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Timothy McKeen

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

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, General Duty Clause, Guidance Update, Infectious Diseases

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McKenna Meadows

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all who…more

Appeals, Employees, Employer Liability Issues, General Contractors, Legislative Agendas

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John Merinar Jr.

OSHA's Proposed Rule a Potential Boost for Unions

Imagine a frustrated union organizer having a hard time persuading a group of employees to sign cards. That organizer will undoubtedly be delighted to learn that on August 30, the Occupational Safety and Health Administration…more

Employees, Employer Liability Issues, Labor Relations, NLRB, OSHA

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Edward Miller

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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Kelsey Swaim Miller

2022 Uniform Commercial Code Amendments Address Emerging Digital Technologies

The market for digital assets, such as cryptocurrency and nonfungible tokens (NFTs), all of which are considered intangible personal property, continues to evolve and, as a result, digital assets are increasingly sold or…more

Cryptocurrency, Digital Assets, Non-Fungible Tokens (NFTs), State and Local Government, State Legislatures

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Michael Moore

In Major New Decision, NLRB Authorizes Union Recognition Without Election

On August 25, the National Labor Relations Board (the Board) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal representation…more

Bargaining Units, Collective Bargaining, Employer Liability Issues, Employment Policies, NLRB

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R. Mitch Moore

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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Shawn Morgan

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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James Mulhall

PFAS Lawsuit Involves Health Care Products

Certain Band-Aid bandages are the focus of a recently filed lawsuit. A complaint (filed in Moultrie, 3:24-cv-4757, (D.N.J. Apr. 10, 2024)) alleges that Band-Aid Flexible Fabric and Ourtone (BR45, BR55, and BR65) bandages…more

Contaminated Properties, Health & Safety Standard, Healthcare, Personal Care Products, PFAS

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Jim Newberry

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Department of Education

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Marissa Nortz

Claims Period Open for Eligible Public Water Systems Under DuPont PFAS MDL*

With the U.S. Environmental Protection Agency’s (EPA) recent announcement of final maximum contaminant levels for various per- and polyfluoroalkyl substances (PFAS), public water systems (PWSs) are determining what actions will…more

Contamination, Drinking Water, Enforcement Guidance, Environmental Policies, Environmental Protection Agency (EPA)

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William O'Brien Jr.

Ohio Supreme Court Further Clarifies ‘Reasonable Diligence’ Standard under the Ohio Dormant Mineral Act

On March 24, 2022, the Supreme Court of Ohio issued its decision in Fonzi v. Brown and Fonzi v. Miller, Slip Opinion No. 2022-Ohio-901, discussing the level of due diligence required of a surface owner to provide notice to a…more

Appeals, Burden of Proof, Due Diligence, Energy Sector, Mineral Rights

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Caroline Orrico

Do You Still Need to Know Your ABCs? Not Under the DOL’s New Rule on Employees and Independent Contractors

On January 10, 2024, the Department of Labor (DOL) published the long-awaited final rule titled, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the Rule), which provides new guidance on…more

ABC Test, Classification, Department of Labor (DOL), Employee Definition, Employer Liability Issues

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Brady Ortego

Homeowner Associations, Condominiums, and the Corporate Transparency Act

Since the enactment of the Corporate Transparency Act (CTA), property ownership associations such as homeowner associations and condominiums (collectively, POAs) have struggled to understand their beneficial ownership…more

Beneficial Owner, Community Associations, Condominium Associations, Corporate Transparency Act, Deadlines

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Colton Parsons

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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Michael Peelish

MSHA’s New Powered Haulage Standard Rule and Implementation

Since the mid-1990s, the Mine Safety and Health Administration (MSHA) has talked about surface haulage accidents and how to prevent them. Organizations including the National Institute for Occupational Safety and Health (NIOSH),…more

Employer Liability Issues, Enforcement, Final Rules, Heavy Equipment, Mine Safety and Health Administration (MSHA)

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Jeffrey Phillips

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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R. Neal Pierce

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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John Pizzo

Supreme Court of Appeals of West Virginia Rules on ‘Duty to Defend’ in Contractual Indemnification Provisions

On June 12, 2023, the Supreme Court of Appeals of West Virginia held in WW Consultants, Inc. v. Pocahontas County Public Service District and A-3 USA, Inc., Orders Construction Company, Inc., and Pipe Plus, Inc., No. 21-0485,…more

Ambiguous, Appeals, Construction Contracts, Construction Industry, Construction Litigation

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William Powell

Strike Force Takes Renewed Aim at Health Care Fraud and Abuse and Encourages Whistleblowers

The United States Attorney’s Office for the Northern District of West Virginia announced a renewed emphasis on health care fraud prosecutions in West Virginia as of January 19, 2022. It formed the Mountaineer Health Care Fraud…more

Civil Monetary Penalty, Criminal Investigations, Healthcare Fraud, Qui Tam, U.S. Attorney

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Anna Pratt

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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Bryan Prosek

FTC’s 2023 Adjustments to HSR Filing Thresholds; Merger Filing Fee Modernization Act of 2022

On January 26, 2023, the Federal Trade Commission (FTC) published in the Federal Register its annual adjustment for notification thresholds regarding proposed mergers and acquisitions under the Hart-Scott-Rodino Antitrust…more

Acquisitions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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Diana Prulhiere

Colorado Supreme Court Clarifies the Law Applicable to Oil and Gas Leases

The Colorado Supreme Court on November 20, 2023, issued a long-awaited decision that reversed a 2021 panel of the Colorado Court of Appeals by rejecting the universal application of the “commercial discovery rule” to Colorado…more

Appeals, CO Supreme Court, Commercial Leases, Commercial Litigation, Discovery Rule

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Anna Pugh

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that…more

Employee Rights, Employees, Employer Liability Issues, NLRA, NLRB

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Brian Pulito

Pennsylvania Lawmaker Introduces Bill to Provide for a Community Solar Program

On March 13, Pennsylvania House Bill 330 (HB 330) was proposed by Representative Perry Stambaugh. Titled “An Act providing for local solar program, for renewable energy credits and for powers and duties of the Pennsylvania…more

Energy Projects, Energy Sector, Pennsylvania, Proposed Legislation, Solar Energy

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Peter Raupp

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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Steven Regan

Standard Versus Enhanced Exemptions Understanding the City of Pittsburgh's Proposed LERTA Exemption Ordinance

The City of Pittsburgh, in an attempt to stem the tide of collapsing real estate tax revenues from downtown Pittsburgh commercial properties, is on the verge of passing an ordinance creating a tax exemption authorized by…more

Commercial Property Owners, Foreclosure, Real Estate Transactions, State and Local Government, Tax Exemptions

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Shaina Richardson

West Virginia Class Action Update

A spate of recent decisions from the Supreme Court of Appeals of West Virginia illustrates that while putative class action plaintiffs must strictly comply with the requirements for class certification and courts’ certification…more

Appeals, Certifications, Class Action, Class Certification, Putative Class Actions

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Jennifer Richnafsky

"Amateurism" Eroding: The Third Circuit Opens the Door to Employee Status for College Athletes Under the FLSA

On July 11, 2024, the U.S. Court of Appeals for the Third Circuit held in Johnson v. NCAA, No. 22-1223, (3d Cir. July 11, 2024) that college athletes may be considered employees under the Fair Labor Standards Act (FLSA). College…more

Amateurism Rules, Appeals, College Athletes, Colleges, Employees

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Benjamin Riddle

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 »

Andreah Riedel

Ohio Supreme Court Further Clarifies ‘Reasonable Diligence’ Standard under the Ohio Dormant Mineral Act

On March 24, 2022, the Supreme Court of Ohio issued its decision in Fonzi v. Brown and Fonzi v. Miller, Slip Opinion No. 2022-Ohio-901, discussing the level of due diligence required of a surface owner to provide notice to a…more

Appeals, Burden of Proof, Due Diligence, Energy Sector, Mineral Rights

See all updates »

Matthew Roberts

NLRB Holds That an Employer Cannot Prohibit Political Slogans on Company Uniform

The National Labor Relations Board (NLRB or the Board) has ruled that a Home Depot employee engaged in protected concerted activity by wearing a Black Lives Matter (BLM) slogan on a company uniform. The Board found that…more

Employee Rights, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Kaitlin Robidoux

Colleges, Act Now! New Ohio Law Contains Multiple New Requirements Addressing Harassment and Intimidation

On July 24, Gov. Mike DeWine signed into law the Campus Accountability and Modernization to Protect University Students (CAMPUS) Act, which requires public and private higher education institutions to adopt and enforce policies…more

Anti-Harassment Policies, Colleges, Educational Institutions, Governor DeWine, Hamas

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Jason Roma

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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H. Hampton Rose IV

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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Steven Royce

2022 Uniform Commercial Code Amendments Address Emerging Digital Technologies

The market for digital assets, such as cryptocurrency and nonfungible tokens (NFTs), all of which are considered intangible personal property, continues to evolve and, as a result, digital assets are increasingly sold or…more

Cryptocurrency, Digital Assets, Non-Fungible Tokens (NFTs), State and Local Government, State Legislatures

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Aleah Schutze

DOJ Continues to Target Health Care Companies - False Claims Act Settlements and Judgments in Fiscal Year 2021

The Department of Justice recently reported that in fiscal year 2021, it received more than $5.6 billion in settlements and judgments. Of that total, over $5 billion relates to matters that involved the health care industry…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Mattie Shuler

Two Major SCOTUS Decisions Changing Federal Regulation Landscape

In the final days of the term that just ended, the Supreme Court of the United States (SCOTUS) issued two major decisions changing the federal regulation landscape – Loper Bright and Corner Post…more

Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies, Judicial Authority

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Donald Sinclair II

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

Gary Slagel

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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Christopher Slaughter

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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Amy Smith

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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Andrew R. Smith

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

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Health Care Providers

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Brittany Smith

The EEOC Unveils Final Version of Enforcement Guidance on Harassment in the Workplace

On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments…more

Bostock v Clayton County Georgia, Coronavirus/COVID-19, Employee Training, Employees, Employer Liability Issues

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Candace Smith

DOE Releases the Notice of Intent to Fund Hydrogen Hubs Under the Infrastructure Investment and Jobs Act

On June 6, 2022, the Department of Energy (DOE) announced its Notice of Intent (NOI) to fund at least four clean hydrogen hubs across the United States. By way of background, the interest in hydrogen production skyrocketed…more

Critical Infrastructure Sectors, Deadlines, Department of Energy (DOE), Energy Projects, Funding Opportunities

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Nelva Smith

Colleges, Act Now! New Ohio Law Contains Multiple New Requirements Addressing Harassment and Intimidation

On July 24, Gov. Mike DeWine signed into law the Campus Accountability and Modernization to Protect University Students (CAMPUS) Act, which requires public and private higher education institutions to adopt and enforce policies…more

Anti-Harassment Policies, Colleges, Educational Institutions, Governor DeWine, Hamas

See all updates »

Garrett Spiker

District Court Dismisses Challenge to West Virginia Unitization Act

On March 20, the U.S. District Court for the Northern District of West Virginia dismissed Sonda v. West Virginia Oil and Gas Conservation Commission for lack of standing. The lawsuit was brought by mineral interest owners…more

Appeals, Constitutional Challenges, Energy Sector, Mineral Leases, Mineral Rights

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Frank Stanek

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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Joshua Stearns

New Supreme Court Ruling Paves Way for State Funds in Religious Schools

The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an…more

Carson v Makin, Constitutional Challenges, Educational Institutions, Espinoza v Montana Department of Revenue, Establishment Clause

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Robert Steptoe Jr.

National Labor Relations Board Allows Recovery of Consequential Damages for Unfair Labor Practices

For many years, employers that have been found in violation of the National Labor Relations Act (NLRA) had to pay traditional make-whole remedies to their employees, which mostly included back pay and reinstatement. However, due…more

Back Pay, Damages, Employer Liability Issues, NLRA, NLRB

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Devon Stewart

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

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John Stump

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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Maureen Sweeney

Pennsylvania Appellate Court Invalidates Online Arbitration Clause in Hyperlinked 'Terms and Conditions'

The Pennsylvania Superior Court recently invalidated Uber’s use of a mandatory arbitration clause in an online registration page for customers, ruling that the arbitration clause was unenforceable because it did not clearly…more

Arbitration, Consumer Contracts, Mandatory Arbitration Clauses, Motion to Compel, Online Contracts

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James Tartaglia

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

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Rex Tennant

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals are…more

Acquisitions, CERCLA, Contaminated Properties, Contamination, Environmental Litigation

See all updates »

Bonnie Thomas

Navigating the West Virginia Safer Workplace Act: What To Do When an Employee Reports to Work Under the Influence

The holiday season and corresponding celebratory shenanigans will soon be upon us. This means that many employers may be facing the question, “What do we do when someone brings their party to work?” This article aims to cover in…more

Best Management Practices, Employee Misconduct, Employer Liability Issues, Employment Policies, Holiday Parties

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Glenn Thompson

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

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Eli Tilley

Supreme Court Rules in Favor of Physicians in Overprescribing Cases

The U.S. Supreme Court unanimously agreed that in prosecuting cases against physicians under the Controlled Substances Act (CSA), if the alleged physician demonstrates that his or her conduct is authorized per the CSA, the…more

Controlled Substances, Controlled Substances Act, Criminal Liability, Criminal Prosecution, Healthcare

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Jeanette Timmons

Oklahoma Court Says State Cannot Enforce Anti-ESG Law for Now

States are taking varied positions on environmental, social, and governance (ESG) policies as a tool for investing and risk management. Many businesses have adopted ESG policies and states’ responses to this practice have become…more

Due Diligence, Environmental Social & Governance (ESG), Financial Institutions, Policies and Procedures, Risk Management

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Mary Tolbert

New York Federal Court Refuses to Extend Accounting Controls Requirements to Cybersecurity Controls

Section 13(b)(2)(B) of the Securities Exchange Act of 1934 requires public companies to “devise and maintain a system of internal accounting controls.” In a recent opinion, a New York federal court rejected the Securities…more

Board of Directors, Chief Information Security Officer (CISO), Corporate Governance, Cyber Attacks, Cyber Incident Reporting

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Jeffrey Tour

Follow-up: The COVID Crystal Ball—Predicting the Future for Employers Five Questions Answered

On February 2, 2022, Steptoe & Johnson PLLC attorneys Bill Wahoff, Jeff Tour, and Ashley Faulkner held an interactive webcast and provided employers an opportunity to ask questions related to paying for testing, creating…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates

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Rebecca Turnbull

Significant Changes for Ohio Limited Liability Companies Under New Ohio Law

Limited liability companies (LLCs) in Ohio are facing significant changes with a new law, the Ohio Revised Limited Liability Company Act (the Act). The Act becomes effective soon on February 11, 2022. By replacing existing Ohio…more

Limited Liability Company (LLC), New Legislation

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Allyn Turner

SCOTUS Redefines the Bounds of the Clean Water Act with Its Decision in Sackett v. United States

In a decision that has been anticipated for months, the U.S. Supreme Court issued its opinion in Sackett v. United States, essentially rewriting jurisprudence established previously in Rapanos v. United States, 547 U.S. 715…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Rapanos v US, Sackett

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James Turner

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

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Hannah Vogt

Supreme Court of Appeals of West Virginia Rules on ‘Duty to Defend’ in Contractual Indemnification Provisions

On June 12, 2023, the Supreme Court of Appeals of West Virginia held in WW Consultants, Inc. v. Pocahontas County Public Service District and A-3 USA, Inc., Orders Construction Company, Inc., and Pipe Plus, Inc., No. 21-0485,…more

Ambiguous, Appeals, Construction Contracts, Construction Industry, Construction Litigation

See all updates »

Thomas Vorbach

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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William Wahoff

OSHA Increases Maximum Penalties and Announces Significant New Enforcement Policies

The Occupational Safety and Health Administration (OSHA) increased the maximum penalty amount for serious and other-than-serious violations to $15,625 per violation effective January 15, 2023. Only eleven days later, OSHA…more

Employer Liability Issues, Enforcement Actions, OSHA, Penalties, Safety Violations

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Ed Wallison

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

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Kalynn Walls

Corporate Transparency Act Update: Final Beneficial Owner Reporting Rule

On December 1, 2021, we issued a client alert summarizing the Corporate Transparency Act (CTA), a federal law passed to fight “shell company” money laundering, tax fraud, and other financial crimes. The CTA provides for rules to…more

Anti-Money Laundering, Banking Sector, Beneficial Owner, Corporate Transparency Act, Final Rules

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Melissa Watkins

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

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J. Kevin West

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

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, General Duty Clause, Guidance Update, Infectious Diseases

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L. Gil White

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

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Allison Williams

Federal Court to Reexamine Merits of a Nationwide Injunction to Tip Credit Rule

On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit found that enforcing the Department of Labor’s (DOL) tip credit rule could cause irreparable harm to restaurants and other employers with tipped employees. Now,…more

Appeals, Department of Labor (DOL), Enforcement, Injunctions, Tip Credit

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William Wilmoth

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 »

Justin Wilson

Fourth Circuit Reaffirms Necessary Prerequisites for Claiming Hayseeds Damages and Offers Guidance on Admissibility of Experts

On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v…more

Appeals, Bad Faith, Car Accident, Damages, Insurance Claims

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Kirk Wilson

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

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