Spilman Thomas & Battle, PLLC

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Spilman Center
300 Kanawha Boulevard, East
Charleston, WV 25321-0273, United States
Phone: 304.340.3800
Fax: 304.340.3801
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • North Carolina
  • Pennsylvania
  • Virginia
  • West Virginia
Number of Attorneys
100+ Attorneys

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

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

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

See all updates »

The Health Record - Healthcare Law Insights, Issue 6, October 2024

Welcome to our sixth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the impact of AI when it comes to diverse health data, the FDA and AI medical devices, Virginia's…more

Artificial Intelligence, Data Breach, Data Security, Diversity, Federal Bans

See all updates »

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

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

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

See all updates »

Five Best Practices for Effective Workplace Investigations

A safe, productive workplace is one in which issues are dealt with in a swift, fair, and consistent manner. One of the primary tools for accomplishing this goal is a credible, thoughtful process to identify, analyze, and address…more

Best Practices, Document Productions, Employer Liability Issues, Employer Rights, Evidence

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UPDATE: West Virginia Supreme Court Impeachments - Latest Developments

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

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

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West Virginia 2022 General Election Overview

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

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

See all updates »

A Case Law Update on West Virginia Supreme Court of Appeals Rulings Impacting Workers’ Compensation Claims

Over the last approximately 12 months, the West Virginia Supreme Court of Appeals has issued numerous decisions impacting workers’ compensation claims, addressing (1) apportionment calculations of preexisting awards and…more

Employees, Employer Liability Issues, Employment Litigation, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

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

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

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

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UPDATED OSHA Considerations for Recording COVID-19 Illnesses

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

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

See all updates »

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

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

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

See all updates »

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following topics…more

Admissions, Artificial Intelligence, Biden Administration, College Athletes, Colleges

See all updates »

Horizontal Well Unitization Comes to West Virginia

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

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

See all updates »

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

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

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

See all updates »

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

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

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

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All Consuming - Financial Litigation Insights, Volume 2, Issue 18

Why the Overturned Eviction Moratorium May be Too Little, Too Late for Both Renters, Landlords - "However, the ruling doesn’t mean renters in states without protections will be immediately removed from their homes — an…more

CARES Act, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Cryptocurrency, Debt Collection

See all updates »

All Consuming - Financial Litigation Insights, Issue 10, 2022

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

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

See all updates »

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

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

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

See all updates »

Decoded - Technology Law Insights, V 5, Issue 7, August 2024

Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business. …more

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

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

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

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

See all updates »

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

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

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

See all updates »

Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

See all updates »

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

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

Lenders, Liens, Loan Servicer, Loans, Underwriting

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

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

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

See all updates »

Currents - Energy Industry Insights, V 7, Issue 3, March 2023

Biden Races to Meet 2035 Climate Goal - “He didn’t provide new details of how the U.S. electric grid could be carbon-free by 2035, a top goal for the administration.” Why this is important: The Biden administration has…more

Biden Administration, Carbon Emissions, China, Electricity, Energy Commissions

See all updates »

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

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

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

See all updates »

Health Care Law & COVID-19: Industry Insights

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Health Care Law & COVID-19: Industry Insights

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

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

See all updates »

The Health Record - Healthcare Law Insights, Issue 6, October 2024

Welcome to our sixth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the impact of AI when it comes to diverse health data, the FDA and AI medical devices, Virginia's…more

Artificial Intelligence, Data Breach, Data Security, Diversity, Federal Bans

See all updates »

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

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

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

See all updates »

Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

See all updates »

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

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

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

See all updates »

Groff v. DeJoy and Its Impact on Religious Accommodation

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it…more

Civil Rights Act, Discrimination, Employee Training, Employer Liability Issues, Employment Discrimination

See all updates »

Decoded: Technology Law Insights - Issue 10, 2022

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

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

See all updates »

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain a…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Contract Disputes

See all updates »

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following topics…more

Admissions, Artificial Intelligence, Biden Administration, College Athletes, Colleges

See all updates »

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

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

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

See all updates »

Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

See all updates »

All Consuming - Financial Litigation Insights, Volume 2, Issue 11

A New Bill Could Allow Digital Closings Nationwide "Dubbed the SECURE Notarization Act, the bill would allow for remote online notarization services nationwide." Why this is important: In the wake of the coronavirus…more

Banking Sector, Biden Administration, Coronavirus/COVID-19, Electronic Notarization Standard, Financial Institutions

See all updates »

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

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

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

See all updates »

The Site Report - Construction Industry Insights, Issue 9, September 2024

Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory Reform,…more

8(a) Program, Building Codes, Building Standards, Construction Industry, Construction Project

See all updates »

Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

See all updates »

Decoded - Technology Law Insights, V 5, Issue 8, October 2024

Welcome to our eighth 2024 issue of Decoded - our technology law insights e-newsletter. Thank you for reading. EU AI Act Tightens Grip on High-Risk AI Systems: Five Critical Questions for U.S. Companies - Why this is…more

Artificial Intelligence, Corporate Governance, Critical Infrastructure Sectors, Cryptocurrency, Cybersecurity

See all updates »

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

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

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

See all updates »

Promissory Notes - Banking & Finance Insights: V 4, Issue 2, March 2024

Volume 4, Issue 2, 2024 Welcome! Welcome to the second issue of Promissory Notes - our banking and finance e-newsletter - for 2024. Business today is characterized by relentless change. To assist our clients in navigating…more

Banking Sector, Consumer Financial Protection Bureau (CFPB), Cybersecurity, Disclosure Requirements, Financial Institutions

See all updates »

SuperVision - Labor and Employment Law Insights, Issue 3, September 2024

Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political…more

Employees, Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans

See all updates »

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

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

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

See all updates »

Promissory Notes - Banking & Finance Insights: V 4, Issue 2, March 2024

Volume 4, Issue 2, 2024 Welcome! Welcome to the second issue of Promissory Notes - our banking and finance e-newsletter - for 2024. Business today is characterized by relentless change. To assist our clients in navigating…more

Banking Sector, Consumer Financial Protection Bureau (CFPB), Cybersecurity, Disclosure Requirements, Financial Institutions

See all updates »

The Health Record - Healthcare Law Insights, Issue 6, October 2024

Welcome to our sixth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the impact of AI when it comes to diverse health data, the FDA and AI medical devices, Virginia's…more

Artificial Intelligence, Data Breach, Data Security, Diversity, Federal Bans

See all updates »

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following topics…more

Admissions, Artificial Intelligence, Biden Administration, College Athletes, Colleges

See all updates »

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

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

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

See all updates »

The Site Report - Construction Industry Insights, Issue 5, May 2024

Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we tap Jonathan Deasy, Senior Attorney in our…more

Artificial Intelligence, Carbon Emissions, Climate Change, Code of Federal Regulations (CFR), Construction Contracts

See all updates »

The Site Report - Construction Law Insights, Issue 11, 2022

In this edition, our team weighs in on a wide variety of issues relevant to the construction industry, ranging from OSHA’s increased focus on elevated work safety and anti-bias clauses in construction contracts to protecting…more

Affordable Housing, Construction Contracts, Construction Industry, Construction Project, OSHA

See all updates »

Online, Off-Duty Harassment is Still Unlawful Harassment

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

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

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

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

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

See all updates »

Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

See all updates »

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

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

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

See all updates »

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

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

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

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Let the Sun Shine - Impacts of the Solar Tariffs

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

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

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

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

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

See all updates »

West Virginia 2022 General Election Overview

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

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

See all updates »

The Health Record - Healthcare Law Insights, Issue 6, October 2024

Welcome to our sixth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the impact of AI when it comes to diverse health data, the FDA and AI medical devices, Virginia's…more

Artificial Intelligence, Data Breach, Data Security, Diversity, Federal Bans

See all updates »

The Site Report - Construction Industry Insights, Issue 7, July 2024

Welcome to our seventh issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we address a range of construction issues from potential impacts to OSHA’s authority and issues related…more

Artificial Intelligence, Budget Cuts, Chevron Deference, Construction Contracts, Construction Defects

See all updates »

Decoded - Technology Law Insights, V 5, Issue 8, October 2024

Welcome to our eighth 2024 issue of Decoded - our technology law insights e-newsletter. Thank you for reading. EU AI Act Tightens Grip on High-Risk AI Systems: Five Critical Questions for U.S. Companies - Why this is…more

Artificial Intelligence, Corporate Governance, Critical Infrastructure Sectors, Cryptocurrency, Cybersecurity

See all updates »

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

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

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

See all updates »

Decoded - Technology Law Insights, V 5, Issue 8, October 2024

Welcome to our eighth 2024 issue of Decoded - our technology law insights e-newsletter. Thank you for reading. EU AI Act Tightens Grip on High-Risk AI Systems: Five Critical Questions for U.S. Companies - Why this is…more

Artificial Intelligence, Corporate Governance, Critical Infrastructure Sectors, Cryptocurrency, Cybersecurity

See all updates »

Currents - Energy Industry Insights, V 8, Issue 9, September 2024

The proverbial road to Electric Vehicle (EV) rollout is paved with numerous challenges. Among these speedbumps is the preeminent question of how the infrastructure to support nationwide EV charging will be financed and…more

Charging Stations, China, Coal-Fired Plants, Department of Energy (DOE), Electric Vehicles

See all updates »

Pennsylvania Supreme Court Revisits the Admissibility of Evidence of Product’s Compliance with Governmental Regulations or Industry Standards Post-Tincher v Omega Flex

In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar had…more

Admissible Evidence, Commercial Litigation, Construction Industry, Construction Litigation, Design Defects

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The Site Report - Construction Industry Insights, Issue 9, September 2024

Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory Reform,…more

8(a) Program, Building Codes, Building Standards, Construction Industry, Construction Project

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

The Health Record - Healthcare Law Insights, Issue 6, October 2024

Welcome to our sixth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the impact of AI when it comes to diverse health data, the FDA and AI medical devices, Virginia's…more

Artificial Intelligence, Data Breach, Data Security, Diversity, Federal Bans

See all updates »

DOL Final Rule Imposed a Series of Increases to Minimum Salary Threshold for Overtime Exemptions

As we reported last fall, the Wage and Hour Division of the Department of Labor (DOL) issued a proposed rule in September 2023 to significantly increase the standard salary level applicable to the overtime exemption for certain…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Federal Labor Laws, Final Rules

See all updates »

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

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

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

See all updates »

Currents - Energy Industry Insights: Volume 5, Issue 21

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

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

See all updates »

Decoded - Technology Law Insights, V 5, Issue 8, October 2024

Welcome to our eighth 2024 issue of Decoded - our technology law insights e-newsletter. Thank you for reading. EU AI Act Tightens Grip on High-Risk AI Systems: Five Critical Questions for U.S. Companies - Why this is…more

Artificial Intelligence, Corporate Governance, Critical Infrastructure Sectors, Cryptocurrency, Cybersecurity

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The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following topics…more

Admissions, Artificial Intelligence, Biden Administration, College Athletes, Colleges

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Decoded - Technology Law Insights, V 5, Issue 7, August 2024

Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business. …more

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

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Decoded: Technology Law Insights, Volume 3, Issue 5

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

Bitcoin, COPPA, CRISPR, Cryptocurrency, Cyber Attacks

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

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

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

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

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

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

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The Site Report - Construction Law Insights, Issue 8, August 2024

Welcome to our eighth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Atlantech Decision Enforces Important Lessons About Avoiding Double-Payment Jeopardy in North Carolina Construction…more

Artificial Intelligence, Charging Stations, Construction Contracts, Construction Disputes, Construction Industry

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Drafting Patent Acquisition Agreements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Decoded - Technology Law Insights, V 5, Issue 8, October 2024

Welcome to our eighth 2024 issue of Decoded - our technology law insights e-newsletter. Thank you for reading. EU AI Act Tightens Grip on High-Risk AI Systems: Five Critical Questions for U.S. Companies - Why this is…more

Artificial Intelligence, Corporate Governance, Critical Infrastructure Sectors, Cryptocurrency, Cybersecurity

See all updates »

Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

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The Potential Impact of the EEOC's Equity Action Plan

Shortly after his administration began, President Biden signed Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through The Federal Government." In April 2022, in accordance with this…more

EEO-1, Employer Liability Issues, Employment Discrimination, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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

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

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

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The Health Record - Healthcare Law Insights, Issue 5, September 2024

Welcome to our fourth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the Biden administration's proposed insurance rule regarding mental health and substance use care,…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Data Breach, Food and Drug Administration (FDA), Health Insurance

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Workers’ Compensation “Zombies” Invade West Virginia Legislature

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

Disability Benefits, Employee Benefits, Entitlements

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

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

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

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Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

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

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

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

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An Argument for the Use of Stock Options with Forfeiture Clauses for Breach of Duty of Loyalty

Introduction Jimmy John’s In 2014, Emily Brunner (“Brunner”) and Caitlin Turowski (“Turowski”) filed a complaint in Illinois against the sandwich company, Jimmy John’s, and its franchise affiliates. The complaint was amended to…more

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

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Currents Energy Industry Insights: V 8, Issue 10, October 2024

Welcome to the Tenth Issue of Currents 2024, our energy e-newsletter. Natural Gas is Not Going Away - While net-zero remains a dream for many, the electricity market is providing a wake-up call for anyone believing that…more

Artificial Intelligence, Charging Stations, Clean Air Act, Clean Energy, Climate Change

See all updates »

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

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

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

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