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Articles & Alerts Archive

March 4, 2022
Effective Immediately: Legislation Banning Forced Arbitration of Sexual Assault and Sexual Harassment Cases
Winter 2022
False Claims Act and Rehab Accreditation: Eliminating Kickbacks in Recovery by Brock Malcolm
West Virginia Executive
February 2022
Anti-Discrimination Laws: West Virginia by Jennifer B. Hagedorn
Westlaw – Practical Law, © 2022 Thomson Reuters
January 26, 2022
OSHA Withdraws Vaccination and Testing Emergency Temporary Standard
January 14, 2022
Supreme Court Issues Stay Against OSHA's Vaccine Mandate, Upholds CMS Regulation
December 19, 2021
Sixth Circuit Dissolves Stay of OSHA's "Vaccinate-or-Test" Rule for Large Private Employers
December 15, 2021
Employer Reminder: The Fair Chance Act Goes Into Effect on 12/20/2021
December 2, 2021
Court Issues Nationwide Injunction Blocking Implementation of CMS Vaccine Mandate for Health Care Workers
November 13, 2021
OSHA's Newly Issued COVID‐19 Emergency Temporary Standard for Private Employers and the Stay Issued by the U.S. Fifth Circuit Court of Appeals | Robert J. Kent
November 4, 2021
“Senate Bill 280 and House Bill 335 Summaries”
Bowles Rice
November 1, 2021
W.Va. Legislature Codifies State‐Level COVID‐19 Vaccine Exemptions
Summer 2021
Trial Technology by J. Mark Adkins
The DTCWV Defender
October 1, 2021
Trey Morrone featured in “Tips From The Trenches: Strike a balance when informing board members about an audit”
Board & Administrator: LRP Publications
October 1, 2021
“Hey, those are mine!”- Collectability of a Decedent’s Future Social Security Benefits by Leigh Anne Wilson
Board & Administrator: LRP Publications
Fall 2021
How Will Your Bank Leverage Fintech? by Amy J. Tawney and Sandra M. Murphy
West Virginia Banker
July 5, 2021
Tax Reform in West Virginia – The Saga Continues by Michael E. Caryl
Tax Notes State
June 10, 2021
“Some Deadlines for County Board Personnel Actions in 2021-2022”
Bowles Rice
June 3, 2021
“Highlights of Legislation Enacted at the 2021 Regular Session Affecting Public Education in West Virginia”
Bowles Rice
Spring 2021
Protecting Your Most Valuable Assets
West Virginia Banker
March 19, 2021
Hotel Occupancy Levels Down Due to COVID-19? Consider Filing a Tax Assessment Appeal
Commercial & Industrial Tax Assessment Appeals e-Alert
March 19, 2021
Highlights of Local Government Funding in the American Rescue Plan Act
American Rescue Plan Act e-Alert
March 12, 2021
Allegheny County Employers Need to Prepare to Comply with the Paid Sick Days Act
Labor and Employment e-Alert
March 2, 2021
Corporate Transparency Act Will Impose New Reporting Requirements on Certain Businesses
Corporate Governance and Compliance e-Alert
December 23, 2020
Congress Passes New COVID-19 Relief Bill, Allows FFCRA Leave Requirements to Expire
Labor and Employment e-Alert
December 22, 2020
Congress Passes $900B COVID-19 Relief Bill, Addresses Key PPP Issues
Banking & Financial Services e-Alert
December 18, 2020
EEOC Provides Updated Q&A Regarding COVID-19 Vaccinations
Labor and Employment e-Alert
December 16, 2020
EEOC Issues Updated Guidance on COVID-19 Vaccinations
Labor and Employment e-Alert
December 15, 2020
West Virginia Begins COVID-19 Vaccine Distribution – What Employers Need to Know
Labor & Employment e-Alert
Winter 2020
Building Diversity, Equity and Inclusion In the Workplace
The West Virginia Banker
October 21, 2020
SBA Issues Guidance to PPP Lenders Concerning Change of Ownership Procedures for Borrowers
Banking & Financial Services e-Alert
October 16, 2020
Kimberly Croyle featured in "Communicating with parents during the pandemic: A how-to guide"
DistrictAdministration.com
October 9, 2020
Contract Review and Preparation in the COVID-19 Era by K. Bradley Mellor
Lawyers Journal - The Journal of the Allegheny County Bar Association
October 9, 2020
SBA Simplifies Forgiveness Process for PPP Loans of $50,000 or Under
Banking & Financial Services e-Alert
October 8, 2020
SBA Requires Banks to Give Notice of Deferral Period Extension Granted by the PPP Flexibility Act
Banking & Financial Services e-Alert
September 29, 2020
Special Ed Connection: Kimberly Croyle discusses how to communicate with parents during the pandemic
Special Ed Connection®
September 29, 2020
Special Ed Connection: Kimberly Croyle discusses how to respond to parent communication in a virtual world
Special Ed Connection®
Fall 2020
Limiting Liability: Handling Accommodation Requests Related to COVID-19 by Julie A. Moore
West Virginia Banker
September 16, 2020
DOL Issues Revised Guidance on FFCRA Leave Rules
Bowles Rice e-Alert
2020
Uncertain Immunity: Assessing Qualified Immunity in the Context of Post-Arrest Excessive-Force Claims Arising Prior to a Judicial Determination of Probable Cause By J. Tyler Barton
West Virginia Law Review, Volume 123, Issue 1
July/August 2020
Getting Paid: Navigating the Changing Landscape of Public-Private Partnerships by Patrick C. Timony and Unaiza Riaz Tyree
West Virginia Construction News
August 12, 2020
Capital One Fined $80 Million for 2019 Data Breach
Quarter 2, 2020
Lending Opportunities with Governmental Bodies and 501(c)(3) Organizations by Camden P. Siegrist
The Community Banker
Summer 2020
The West Virginia Banker Magizine Summer Edition 2020
June 26, 2020
IRS Issues Much-Needed Guidance on CARES Act Provisions
June 15, 2020
U.S. Supreme Court Issues Landmark Decision Ruling that Title VII Prohibits Discrimination Based Upon Sexual Orientation and Gender Identity
June 13, 2020
SBA Provides Guidance on PPP Flexibility Act with Issuance of Interim Final Rule
June 4, 2020
New Paycheck Protection Program Flexibility Act to Offer Some Relief for Borrowers
Spring 2020
Banks Give Light for Small-Dollar Loans in Response to COVID-19
May 27, 2020
Two Interim Final Rules Relating to Loan Forgiveness Issued by the Small Business Administration
May 16, 2020
Paycheck Protection Program Loan Forgiveness Application is Now Available
May 2020
“Some Deadlines for County Board Personnel Actions in 2020-2021”
Bowles Rice
May 13, 2020
“Highlights of Legislation Enacted at the 2020 Regular Session Affecting Public Education in West Virginia”
Bowles Rice
April 27, 2020
The Bowles Rice CARES Act / COVID-19 Response Team
April 24, 2020
New Stimulus Package Provides Additional $320 Billion for Paycheck Protection Program
April 22, 2020
Supreme Court of Appeals of West Virginia Upholds Right-to-Work Law
April 14, 2020
Additional Guidance Regarding the Paycheck Protection Program
April 13, 2020
DOL Issues New Guidance for Employers and State Workforce Administrators
April 9, 2020
An Update from Community Bankers of West Virginia Re: the Paycheck Protection Program
April 7, 2020
Paycheck Protection Program FAQs
April 2, 2020
SBA Issues Interim Final Rule on Paycheck Protection Program
March 31, 2020
CARES Act: Access to Retirement Funds Increased During Pandemic
March 31, 2020
CARES Act: What You Need to Know about the Paycheck Protection Program
March 27, 2020
Options Available for Businesses Facing Financial Distress Due to COVID-19
March 24, 2020
Governor Announces Closure of all but “Essential” Businesses
March 19, 2020
Congress Passes Emergency Paid Leave Bill to Combat the COVID-19 Threat
March 17, 2020
Health Plan Updates Regarding COVID-19 by Julie R. Shank
March 16, 2020
Bowles Rice Team Monitoring New COVID-19 Federal Legislation
March 9, 2020
Pennsylvania Supreme Court Upholds Pittsburgh's Paid Sick Leave Act by Jennifer B. Hagedorn
March 2020
Taking the Fright Out of Unknown NPRI Royalties Held in Suspense
Independent Oil & Gas Association of West Virginia News
March 6, 2020
“How do Items get Onto the Agenda of Regular Board Meetings?” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
March 2, 2020
“How can I Verify if Information my Superintendent Gives us is Accurate?” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
February 20, 2020
“Must Names of School Employees Facing Possible Suspension/Discharge be Listed on County Board Agendas?” by Trey Morrone
Legalities, West Virginia School Board Association
February 17, 2020
Pennsylvania Supreme Court Cautiously Extends the Rule of Capture by Andrew H. Bell and Evan G. Conard
Bowles Rice Industry Analysis
February 14, 2020
“We’ve Been Advised That the Education Reform Bill Passed by the Legislation in 2019 (House Bill 206) Requires Every County Board of Education to Adopt Four New Policies. True? What are They?” by Trey Morrone
Legalities, West Virginia School Board Association
February 7, 2020
“What Guidance do County Boards Have Regarding Records Retention? Is There a Need to ‘Convert’ Hardcopy Records to Electronic Format? If so, What Records Would Apply? What About Personnel Records” by Trey Morrone
Legalities, West Virginia School Board Association
January 24 and January 31, 2020
“Voting by Secret Ballot” by Josh Cottle
Legalities, West Virginia School Board Association
January 17, 2020
“Of County Superintendent Appointment and Reappointment” by Trey Morrone
Legalities, West Virginia School Board Association
January 10, 2020
“Does the County Superintendent Have a Right to Attend Every Executive Session Held by the School Board?” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
November 22, 2019
West Virginia Supreme Court Ruling Clarifies Reasonable Accommodations by Kayla A. Cook
Labor and Employment e-Alert
November 2019
Antisocial Media: Internet Defamation, Online Libel and Free Speech in the Social Networking Era by Stuart A. McMillan
Mission Possible: Winning Strategies for Litigation Management | The Trial Network
November 8, 2019
HIPAA Violations Lead to Millions in Penalties by Jennifer B. Hagedorn
Bowles Rice e-Alert
2019
How Does HIPAA Apply to Employers?
2019 Defense Trial Counsel West Virginia Notebook of Articles
July 2019
Snags, Delays and Other Issues Facing the West Virginia Medical Cannabis Act by Richard R. Heath, Jr. and Pamela J. Ferrell
Bowles Rice e-Alert
July 19, 2019
Highlights of the “Omnibus Education Bill” Enacted at the 2019 First Extraordinary Session of the West Virginia Legislature
Bowles Rice
Quarter 2 | 2019
What if You Don't "Like" an Employee's Social Media Content? by Gabriele Wohl
The Community Banker
July 18, 2019
Employee Race, Ethnicity and Gender Information Now Required in Pay Data Reporting by Jennifer Hagedorn and Gabriele Wohl
Bowles Rice e-Alert
July 16, 2019
The Bend in the Road
Defense Trial Counsel of WV
Fall 2018
A Mountain State Transformation: West Virginia's Move into the Mainstream co-authored by Richard R. Heath, Jr.
West Virginia Law Review, Volume 121, Issue 1
June 13, 2019
Enter Carefully: West Virginia Supreme Court Defines Scope of Implied Surface Use Rights for Mineral Development by Evan G. Conard
Bowles Rice Industry Analysis
June 13, 2019
Methodology Mishap: West Virginia Supreme Court Rules Tax Department Misinterpreted Regulation for Assessment of Oil and Gas Wells by Evan G. Conard
Bowles Rice Industry Analysis
Spring 2019
What If You Don't "Like" an Employee's Social Media Content? by Ashley Hardesty Odell and Gabriele Wohl
West Virginia Chamber of Commerce, 2019 HR Conference Journal
Spring 2019
Implicit Bias in the Workplace by Ashley Hardesty Odell
West Virginia Chamber of Commerce, 2019 HR Conference Journal
May 31, 2019
“Highlights of Legislation Enacted at the 2019 Regular Session Affecting Public Education in West Virginia”
Bowles Rice
May 2019
“Some Deadlines for County Board Personnel Actions in 2019-2020”
Bowles Rice
Spring 2019
Addiction in the Workplace: Employers’ Legal Obligations and Other Considerations When Confronting Employee Drug Habits by Ronda L. Harvey and Gabriele Wohl
Litigation Management CLE SuperCourse
Quarter 1, 2019
A Win for Lenders: Fourth Circuit Allows Claim for Post-Petition Attorney Fees in Bankruptcy Case by Julia A. Chincheck and Alexandra M. Shulz
The Community Banker
May 3, 2019
HHS Issues New Regulations Protecting Against Religious Discrimination in Health Care by Julie R. Shank
Bowles Rice e-Alert
Spring 2019
Legal Considerations – Workplace Wellness Programs by Jennifer B. Hagedorn
The Defense Trial Counsel of West Virginia’s Notebook of Articles
April 19, 2019
Supreme Court Settles Circuit Split, Finds Law Firms Are Not "Debt Collectors"
Bowles Rice e-Alerts
Quarter 1 | Volume 21.1 | 2019
"Will Banks Gamble on New Interactive Gaming Opportunities Available to Customers?" by Michael R. Proctor
Pennsylvania Banker
April 9, 2019
Special Ed Connection: Kimberly Croyle discusses how to communicate in writing with parents
Special Ed Connection®
April 9, 2019
Special Ed Connection: Kimberly Croyle discusses how to draft communication plans with parents to reduce the risk of retaliation claims
Special Ed Connection®
March 26, 2019
Ninth Circuit Addresses Ambiguity in Article 9 Consignment Cases by Alexandra M. Shulz
Bowles Rice e-Alert
March 8, 2019
Department of Labor Announces Hotly-Anticipated Changes to Overtime Exemption Rules by J. Tyler Mayhew
Bowles Rice e-Alert
March 1, 2019
“When does a bill become law…?” by Rebecca Tinder
Legalities, West Virginia School Board Association
February 22, 2019
“Some ‘personnel season’ questions and considerations” by Josh Cottle
Legalities, West Virginia School Board Association
February 14, 2019
“Computing Time Periods for Notice Purposes under the Open Governmental Proceedings Act” by Kimberly S. Croyle
Legalities, West Virginia School Board Association
November/December 2018
Construction Destruction: How the Opioid Epidemic Infects and Impacts the West Virginia Construction Industry by Patrick C. Timony
West Virginia Construction News
February 12, 2019
Supreme Court Decision Potentially Impacts Arbitrability of Bankruptcy Issues
Bowles Rice e-Alert
February 8, 2019
“Superintendent Evaluations” by Kimberly S. Croyle
Legalities, West Virginia School Board Association
February 1, 2019
“What is a Good Time to Review and Revise the County Laterality Policy?” by Rebecca M. Tinder
Legalities, West Virginia School Board Association
January 25, 2019
“Work Session Open Meeting” by Rebecca M. Tinder
Legalities, West Virginia School Board Association
January 18, 2019
"Steps a County Board Can Take to Prepare Another Contract with its Superintendent When the Superintendent’s Current Contract Expires” by Kimberly S. Croyle
Legalities, West Virginia School Board Association
January 11, 2019
United States Supreme Court Eliminates "Wholly Groundless" Exception by William L. Burner
Bowles Rice e-Alert
Quarter 4 | 2018
Recent Developments in ADA Website Accessibility Claims Against Financial Institutions by Floyd Boone, Zachary J. Rosencrance and Joshua A. Lanham
The Community Banker
Quarter 4 | 2018
2018 Election Brings New Faces and New Leadership to W.Va. Legislature by Richard R. Heath, Jr.
The Community Banker
December 21, 2018
Ohio Supreme Court Issues Marketable Title Act Decision
Energy e-Alert
September 24, 2018
Bad Tax Policy Kills Growth by Marc A. Monteleone
The State Journal
August 27, 2018
Proposed IRS Regulations Could Affect Federal Income Tax Deduction for Charitable Donations that Receive a State Income Tax Credit
Benefits e-Alert
August 2018
Summer 2018 - “Some Deadlines for County Board Personnel Actions in 2018-2019”
Bowles Rice
August 2018
Making Sense of the West Virginia Medical Cannabis Act by Richard R. Heath, Jr.
West Virginia Farm Bureau News
July 23, 2018
Recent Experiences and Prospects for Major Tax Reform by Michael E. Caryl
State Tax Notes
Quarter 2 | 2018
The Banking Dilemma of the West Virginia Medical Cannabis Act by J. Mark Adkins and Richard R. Heath, Jr.
The Community Banker
June 15, 2018
The Rule of Capture Held Captive: Pennsylvania Superior Court Ruling Challenges Application of Long-Standing Oil and Gas Law Principle to Unconventional Shale Operations by Evan G. Conard
Bowles Rice Industry Analysis
June 14, 2018
Special Ed Connection: Rebecca Tinder discusses using clear language in the IEP
Special Ed Connection
West Virginia Supreme Court Finds Medical Providers May Be Sued for Disclosure of Mental Health Records
Spring 2018
"Breaking Down Tax Reform," by Robert S. Kiss
West Virginia Executive
Fall 2017
"Collateral Evidence Doctrine," by Unaiza Riaz
Defense Trial Counsel of West Virginia Newsletter
May 25, 2018
United States Supreme Court Rules that Employers May Demand Individualized Arbitration of Employment Disputes
May 10, 2018
"A Guide to Providing 1-to-1 Aides for Students with Behavioral Issues, featuring responses" by Canon B. Hill
Special Ed Connection - LRP Publications
2018
"Weighing Employers’ Risks in Work-Life Balance Programs," by Ashley Hardesty Odell and Jennifer B. Hagedorn
Defense Trial Counsel of West Virginia 2018 Notebook of Articles
May 9, 2018
“Highlights of Legislation Enacted at the 2018 Regular Session Affecting Public Education in West Virginia”
Bowles Rice
April 26, 2018
"To Exempt, or Not Exempt: That is the Question," by Ashley Hardesty Odell and Canon B. Hill
West Virginia Chamber Human Resources Journal
April 20, 2018
A Win for Employers: SCOTUS Broadens the Interpretation of Exemptions
Labor and Employment e-Alert
Spring 2018
The Dos and Don'ts of Investigating Workplace Harassment
West Virginia Banker
April 3, 2018
Navigating the Business Liability Protection Act
March 15, 2018
Is the Department of Labor's PAID Pilot Program Truly Beneficial to Employers? by Robert J. Kent and Pamela J. Ferrell
March 12, 2018
Labor & Employment Legislation Passed by the West Virginia Legislature in 2018
March 9, 2018
"Indicating on a Meeting Agenda that a Particular Item Will Be Considered in Executive Session" by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
March 7, 2018
New Law Allows Employers to Recover Costs of Unreturned Property by Canon B. Hill
March 2, 2018
“Don’t Put the Board’s Employees in a Difficult Position” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
March 1, 2018
Second Circuit expands the meaning of “sex” discrimination
February 23, 2018
Drafting Effective Agreements to Arbitrate Employment-Related Disputes in West Virginia
Winter 2018
Federal Tax Reform: How Will Donors and Tax-Exempt Organizations be Impacted?
Foundation Focus: The Greater Kanawha Valley Foundation Newsletter
February 15, 2018
"School Board Members Should Think Twice Before 'Censuring' a Fellow Board Member" by Canon B. Hill
Legalities, West Virginia School Board Association
February 9, 2018
"Rescheduling School Board Meetings That Are Cancelled on Account of Bad Weather" by Canon B. Hill
Legalities, West Virginia School Board Association
February 2, 2018
“May a Board Member Remain on the County Board of Education After Moving Out of the Magisterial District From Which He or She Was Elected? What if the Board Member Moves to an Adjoining County?” by Rebecca M. Tinder
Legalities, West Virginia School Board Association
January 26, 2018
“A ‘Personnel Season’ Question About Voting When All County Board Members Cannot Attend School Employee Personnel Hearings” by Kimberly S. Croyle
Legalities, West Virginia School Board Association
January 19, 2018
“Can or Should a County Superintendent Attend Closed Door County Board Deliberations?” by Kimberly S. Croyle
Legalities, West Virginia School Board Association
January 12, 2018
“Steps a County Board can Take to Prepare Another Contract With its Superintendent When the Superintendent’s Current Contract Expires” by Kimberly S. Croyle
Legalities, West Virginia School Board Association
January 8, 2018
Federal Tax Reform
Quarter 1
"QBI: Federal Tax Reform Introduces a Significant New Deduction" by David A. DeJarnett
The Community Banker
December 15, 2017
“What Are the Legal Implications of a County Board Revising a County Superintendent’s Contracts by “Adding Years” or Changing Pay and Benefits Prior to the Expiration of the Existing Contract?” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
December 2017
Tourism Development Tax Credits Help Destination-Based Attractions In West Virginia
The West Virginia CPA, Volume 63, Issue 3
October 18, 2017
Action Needed Before Year-End: Retirement and Executive Compensation Plans May Need Updates to Comply with New DOL Disability Claims Procedures
Benefits Alert
September 11, 2017
"Appalachian Storage Hub represents ‘Galaxy of Hope’," by Marc A. Monteleone
The State Journal
July 27, 2017
Department of Labor Seeks Public Comment on Appropriate Salary Level Threshold for Exempt Employees
Bowles Rice Labor and Employment e-Alert
Summer 2017
“Some Deadlines for County Board Personnel Actions in 2017-2018”
Bowles Rice
June 29, 2017
Key Legislation Impacting Banks Adopted in 2017 Legislative Session
Banking & Financial Services e-Alert
June 12, 2017
"Highlights of Legislation Enacted at the 2017 Regular Session Affecting Public Education in West Virginia"
Bowles Rice
May 15, 2017
Filing a Proof of Claim for Debt That is Obviously Time-Barred Does Not Violate Fair Debt Collection Practices Act
Banking e-alert
Spring 2017
"What Every Community Banker Should Know About Bankruptcy Basics: Part 2 of a Series," by Julia A. Chincheck and Salene Mazur Kraemer
The Community Banker
Spring 2017
"A Look at the Hottest Retail Trend of 2017: Chapter 22 Bankruptcy Filings," by Julia A. Chincheck and Salene Mazur Kraemer
American Bankruptcy Institute, Business Reorganization Committee, E-Newsletter
April 2017
“LSICs, Faculty Senates and Board-Established Committees Often Must Follow the Open Meetings Act Rules About Meeting Notices, Agendas, Public and Executive Sessions, and Minutes” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
April 10, 2017
Government Relations Team Successfully Negotiates Key Banking Legislation
Bowles Rice Banking Alert
2017
Getting Steamy with Property Law: Are Geothermal Resources a Mineral Right in West Virginia?
West Virginia Law Review, Volume 120, Issue 2
Winter 2017
"What Every Community Banker Should Know About Bankruptcy Basics: Part 1 of a Series," by Julia A. Chincheck and Salene Mazur Kraemer
The Community Banker
March 2017
“Posting of service personnel positions: Does a county board have discretion to approve new positions?” by Richard S. Boothby
Legalities, West Virginia School Board Association
March 2017
"'Acceptable year of employment' - key consideration for county board school employee contractual considerations", by Rebecca M. Tinder
Legalities, West Virginia School Board Association
February 2017
“A Script for Lawfully Entering Executive Session” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
February 2017
“Do County Boards “Have to” Tell the Public Names of Employees Facing Disciplinary Charges?” by Kimberly S. Croyle
Legalities, West Virginia School Board Association
2017
"Faragher and Ellerth Defense of Avoidable Consequences in Relation to the West Virginia Human Rights Act" by Pamela J. Ferrell
Defense Trial Counsel of West Virginia Notebook of Articles
Winter 2016
"2015 Amendments to the West Virginia Consumer Credit and Protection Act May Not Apply Retroactively," by Floyd Boone
West Virginia Banker Magazine
“Question Presented: Are Class Arbitration Waivers of Employment-Related Claims Illegal and Unenforceable Under the FAA?,” by J. Tyler Mayhew
Defense Trial Counsel of West Virginia Notebook of Articles, 2017.
December 2016
“Weekday Morning Meetings,” by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
October 2016
“County Board Submission of Excess Levy Proposals to County Commissions”, by Rebecca M. Tinder
Legalities, West Virginia School Board Association
Fall 2016
"State Courts v. Federal Courts: Jurisdictional Battles Over Water Quality Litigation," by Roger G. Hanshaw
In Press
Summer 2016
“Some Deadlines for County Board Personnel Actions in 2016-2017”
Bowles Rice
June 2016
"Highlights of Legislation Enacted at the 2016 Regular Session Affecting Public Education in West Virginia"
Bowles Rice
June 1, 2016
"Denial in 4th Circuit transgender case opens door to Supreme Court review -- or not," quoting Richard S. Boothby
Special Ed Connection
Spring 2016
"Data Breach and Data Theft: Some Risks May Be Closer Than You Think," by Floyd Boone
The Community Banker Magazine
2016
"Are all Employers Created Equal? Setoff Shenanigans for Special Employers in Deliberate Intent Cases," by Ronda L. Harvey, Ashley Hardesty Odell and Tiffany R. VanderKolk
West Virginia Defense Trial Counsel Notebook of Articles
April 2016
Summary of New West Virginia Banking Legislation
Bowles Rice Banking Alert
April 6, 2016
"New Law Provides Guidelines Related to Employees' Social Media Accounts"
April 1, 2016
State Farm v. Cramer, West Virginia Supreme Court of Appeals No. 15-1101
March 31, 2016
New West Virginia Legislation Provides Limits on Asbestos-Related Liabilities for Successor Corporations
March 2016
“Remember, if it Sounds Too Good to be True, it Probably Isn’t!”: Out of State Superintendent Search Firm Communications Subject to State FOIA Statutes," by Kimberly S. Croyle
Legalities, West Virginia School Board Association
March 2016
"Motion to Reconsider Must Be Taken Carefully; Alternate Parliamentary Approach Available," by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
March 14, 2016
Highlights of Legislation Affecting WV Employers Enacted During the 2016 Regular Session
Labor and Employment Legislative Summary
February 2016
“Grievance Board Answers Questions Regarding Whether Employees’ Resignations Have to be in Writing," by Rebecca M. Tinder
Legalities, West Virginia School Board Association
February 2016
“County Board/County Superintendent Interplay for RIFs and Transfers ‘Simple and Complex’, Avoiding Prejudgment and Individual Investigations a Must," by Kimberly S. Croyle
Legalities, West Virginia School Board Association
February 3, 2016
West Virginia Supreme Court: Advance Payments Must Be Credited
January 2016
"How Well Does Your Board Follow the Open Meetings Act?" by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
January 2016
“Since the Statutorily-Fixed Date for County Board Organizational Meeting Falls on Independence Day When is our Board to Meet?”, by Kimberly S. Croyle
Legalities, West Virginia School Board Association
January 2016
"How Well Does Your Board Follow the Open Meetings Act?," by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
January 2016
2016 New Year's Resolution to Run a Better Business
Martinsburg-Berkeley County Chamber of Commerce Newsletter
November 19, 2015
2015 Changes in Joint and Several Liability Standard and Comparative Fault, Contribution and Empty Chair Defense in West Virginia
November 12, 2015
Final Opportunity for Certain Individually Designed Retirement Plans to Obtain Favorable IRS Determination Letter
Employee Benefits Alert
2015
West Virginia section of Defense Research Institute’s 2015 State by State Insurance Bad Faith Law Compendium
October 1, 2015
How Will Medicare Funding Impact Advance Care Planning?
Bowles Rice Medicare Alert
July 24, 2015
"Environmental Due Diligence in Coal Transactions and An Update On Recent Environmental Cases," by Leonard Knee
July 14, 2015
Fluharty v. Quicken Loans Inc., No. 15-1439 (4th Circuit July 14, 2015) by Sandra M. Murphy, Floyd Boone, James E. Scott and Stuart A. McMillan
Amicus Brief
Summer 2015
"Related Interests Under Regulation O: It's All About Control," by Daniel J. Cohn, Sandra M Murphy and Amy J. Tawney
West Virginia Banker Magazine
2015
"The Common Interest Doctrine and Protecting Against Inadvertent Waiver of the Attorney-Client Privilege in Oil and Gas Litigation," by Michael C. Cardi and Dylan C. Lewis
Energy & Mineral Law Institute
July 7, 2015
U.S. Supreme Court Rules Fair Housing Act May Be Violated Without Intent
Bowles Rice Banking Alert
July 7, 2015
U.S. Supreme Court Decision Could Have Far Reaching Effect on Insurance Industry
Insurance Defense E-alert
Summer 2015
"Some Deadlines for County Board Personnel Actions in 2015-2016"
Bowles Rice
June 5, 2015
“Returning the Mountain State to the Mainstream, West Virginia Adopts Sweeping Legal Reforms,” by J. Mark Adkins and Patrick Timony Washington Legal Foundation Legal Backgrounder
Washington Legal Foundation
2015
"Highlights of Legislation Enacted at the 2015 Regular Session Affecting Public Education In West Virginia"
Education Law Alert
2015
"Held By Production Leases: When are They Actually Held?," by J. Thomas Lane, Britt A. Freund and J. Breton McNab
36 Energy & Min. L. Inst. § 25
Spring 2015
"Regulation of Nanomaterials: What Are They? How are They Regulated? Who Decides?," by Roger G. Hanshaw
Natural Resources & Environment, Volume 29, Number 4
Spring 2015
"TILA Takes a Turn: Recent TILA Decisions Expand Recission Rights," by Sanda M. Murphy
West Virginia Banker Magazine
March 31, 2015
"Unconscionability Under the West Virginia Consumer Credit and Protection Act Requires 'Procedural' and 'Substantive' Unfairness," by Floyd Boone, Stuart A. McMillan, Sandra M. Murphy and James E. Scott
Amicus Brief
March 30, 2015
"Wrap Up: 2015 West Virginia Regular Session"
Legislative Summary
March 16, 2015
Highlights of Legislation Affecting WV Employers Enacted During the 2015 Regular Session by Robert J. Kent and Ashley Hardesty Odell
Labor and Employment Legislative Summary
March 2015
"How Should Invoices for Payment Be Reflected on the County Board Meeting Agenda?," by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
March/April 2015
"Urban Legends of Parliamentary Procedure," by Roger G. Hanshaw
West Virginia Focus
March 2015
"How Should Invoices for Payment Be Reflected on the County Board Meeting Agenda?," by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
January 22, 2015
"Ohio Appellate Decision on Implied Duty to Develop Affirms Victory for Oil and Gas Producers"
Oil & Gas Alert
January 20, 2015
"U. S. Supreme Court Finds TILA Does Not Require a Borrower to File a Lawsuit to Rescind a Consumer Loan," by Floyd Boone and Sandra M. Murphy
Bowles Rice Banking Alert
"DRI's Insurance Bad Faith: A Compendium of State Law," 2015 - West Virginia Section, by Aaron C. Boone, Ashley Hardesty Odell and Evan R. Kime
Winter 2015
"The West Virginia Business Court Division Two Years Later: Reasons for Optimism But More Remains," by Floyd Boone
Defense Trial Counsel of West Virginia Newsletter
January 9, 2015
"Impact of West Virginia Supreme Court Ruling on Foreclosures"
Banking Alert
January 8, 2015
"Bankruptcy Court Holds Truncated Name of Secured Party on Certificate of Title Still Perfected Lien"
Banking Alert
January 1, 2015
"New Federal Law Allows Savings Accounts for Individuals with Disabilities"
Tax Alert
Winter 2015
"Erroneously-Filed Termination Statement," by Julia A. Chincheck and Daniel J. Cohn
The Community Banker Magazine
Winter 2014
"Supreme Court of Appeals Defines Parameters of Incorporation By Reference," by Floyd Boone and Sandra M. Murphy
West Virginia Banker Magazine
November 7, 2014
"An Ounce of Prevention...Carefully Review Your New Retirement Plan Adoption Agreement Before Signing"
Benefits Alert
November 2014
"What Statutory Conditions Govern Leasing of School Properties for Oil and Gas Drilling?," by Richard S. Boothby
Legalities, West Virginia School Board Association
November 2014
"New Law: Transfer on Death Deed," by Emily R. Lambright
West Virginia Farm Bureau News
Fall 2014
"Filing a Proof of Claim Could Result in Violation of the Fair Debt Collection Practices Act," by Julia A. Chincheck and Daniel J. Cohn
The Community Banker Magazine
August 2014
"What Are the Duties of a School Board’s Vice President?," by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
Summer 2014
"Some Deadlines for County Board Personnel Actions in 2014-2015"
Bowles Rice
Summer 2014
"New Vendor Management Regulatory Guidance May Help Banks Negotiating Contracts," by Sandra M. Murphy and Amy J. Tawney
West Virginia Banker Magazine
Summer 2014
"Amount of Loan in Excess of Value of Home is Not Enough to Render Loan Unconscionable," by Sandra M. Murphy and Amy J. Tawney
The Community Banker Magazine
July 2014
"Electing a School Board President," by Roger G. Hanshaw
Legalities, West Virginia School Board Association
June 12, 2014
"West Virginia High Court Addresses Electronically Stored Information in CashCall v. Morrisey"
Bowles Rice Electronic Discovery Alert
June 5, 2014
"A Plaintiff May Claim Medical Bill Discounts and Write-offs as Part of His/Her Damages in West Virginia"
Litigation Alert
June 5, 2014
"West Virginia Supreme Court Finds That Coverage Opinions and Seminars Materials Prepared by Outside Counsel are Protected by Attorney Client Privilege"
Litigation Alert
May 21, 2014
"Legislature Fixes Flawed Minimum Wage Bill, Restoring Federal Overtime Exemptions"
Employment Law Alert
May 9, 2014
"Pennsylvania Superior Court Applies Doctrine of Estoppel by Deed in Oil and Gas Context"
Oil & Gas Alert
May 8, 2014
"New West Virginia Law Enables Real Property to Pass to Beneficiary without Probate"
Trusts and Estates Alert
May 2014
"What Should County Boards of Education Do in Light of the Recent West Virginia Supreme Court Decision Relating to the Freedom of Information Act, if Anything?," by Rebecca M. Tinder
Legalities, West Virginia School Board Association
April 25, 2014
"Above Ground Storage Tank Act"
Environmental & Regulatory Alert
April 22, 2014
"Ohio Decision Marks Victory for Oil and Gas Producers"
Litigation Alert
April 2014
"West Virginia Modifies As-Extracted Collateral Filing Requirements"
Banking Alert
April 2014
"Wills and Trusts 101," by Emily R. Lambright
West Virginia Farm Bureau News
April 2014
"Board of Education Law – Representing County Board of Education Employees," by Howard E. Seufer, Jr.
West Virginia State Bar Practice Handbook
April 2014
"When Can the Superintendent Reduce the Discipline of a Student That Has Been Expelled by the Board?," by Rebecca M. Tinder
Legalities, West Virginia School Board Association
Spring 2014
"Do You Lose Privilege When Your Attorneys Sign Your Proofs of Claim?," by Julia A. Chincheck and Daniel J. Cohn
The Community Banker Magazine
March 2014
"West Virginia's Statutory Nexus Presumption: A Safe Harbor for Financial Service Providers Despite MBNA or Even Physical Presence?," by Michael E. Caryl and Catie Wilkes Delligatti
Tax Report, Institute for Professionals in Taxation, p. 4
November 18, 2013
"Supreme Court of Appeals of West Virginia Issues Two important Decisions for Insurers: Dorsey v. Progressive (No. 12-1254) Estate of Bradley v. Farmers and Mechanics Mut. Ins. Co. of W. Va. (No. 12-0769)"
Litigation Alert
November 13, 2013
"Supreme Court of Appeals of West Virginia Reverses First-Party Bad Faith Verdict of $25 Million in Punitive Damages: AIG v. Hess Oil (No. 12-0705)"
Litigation Alert
November 5, 2013
"Nearly $1,000,000 in Attorney's Fees Avoided as the Supreme Court of Appeals of West Virginia Issues a Favorable Decision for West Virginia's Insurance Industry: Lemasters v. Nationwide Mut. Ins. Co."
Litigation Alert
October 24, 2013
"As Internal Revenue Service Gets Serious About Discounted Stock Options, Safe Harbors for Closely Held Stock Valuation Even More Important"
Banking Alert
Fall 2013
"Holding Lenders Liable for Auto Dealers' Interest Rate Decisions," by Sandra M. Murphy and Charles F. Printz, Jr.
West Virginia Banker Magazine
Fall 2013
"Is Deepening Insolvency Alive?," by Julia A. Chincheck and Daniel J. Cohn
The Community Banker Magazine
Fall 2013
"From Application to Approval" by James V. Kelsh
West Virginia Executive
Summer 2013
"CFPB Guidance on Reducing Enforcement Liability Creates Compliance Dilemma," by Sandra M. Murphy and Amy J. Tawney
The Community Banker Magazine
Summer 2013
"Trolling for Dollars – Banks Targeted in Costly Patent Infringement Cases," by Sandra M. Murphy and Amy J. Tawney
West Virginia Banker Magazine
April 26, 2013
"Kentucky Supreme Court Rules Administrators Must Give Miranda Warnings to Students in Certain Circumstances"
Education Law Alert
April 2013
"Does the County Superintendent Have a Right to Attend Every Executive Session Held by the School Board?," by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
April 2013
"Does a Superintendent Need to Renew the Statement of Health, or Can the Board of Education Use the One that was Associated with the Superintendent's Previous Contract?," by Rebecca M. Tinder
Legalities, West Virginia School Board Association
Spring 2013
"West Virginia Supreme Court Upholds Court-Imposed Penalties and Attorneys' Fees Despite Jury Finding Plaintiff Suffered No Damages," by Floyd Boone and Sandra M. Murphy
The Community Banker Magazine
Spring 2013
"Debt Collection Calls in West Virginia," by J. Mark Adkins and Julia A. Chincheck
West Virginia Banker Magazine
March 2013
"Leave of Absence for Public Officials for Performing Public Duties," by Howard E. Seufer, Jr.
Legalities, West Virginia School Board Association
February 11, 2013
"The Supreme Court of Appeals of West Virginia Issues a Favorable Decision for West Virginia's Insurance Industry: American States Ins. Co. v. Surbaugh (No. 11-0086)"
Litigation Alert
February 2013
"Applying Robert’s Rules of Order in Small Boards and Committees," by Roger G. Hanshaw
Legalities, West Virginia School Board Association
Winter 2013
"Cause for Caution: Quicken Loans Case Clarifies Standard for Unconscionability Claims in West Virginia," by Floyd Boone and Sandra M. Murphy
The Community Banker Magazine
2012
"The Law of Eminent Domain," contributing author Roger D. Hunter
American Bar Association - Condemnation, Zoning & Land Use Committee
2012
"Mind Your POAs: The New Uniform Power of Attorney Act Imposes Time Frames to Take Action"
Banking Alert
October 15, 2012
"Municipal B&O Taxes: How Will They Affect the Oil & Gas Industry?"
Tax Alert
June 21, 2012
"Goff v. Penn Mutual Life Ins. Co., Filed June 21, 2012"
Litigation Alert
2012
"The West Virginia Uniform Power of Attorney Act: What Your Bank Needs to Know"
Banking Alert
February 2012
"The Law and Business of Retail: Why Isn't That Louis Vuitton Bag Ever on Sale?"
Maniac Magazine
April 19, 2011
"Requiring Arbitration in Consumer Account Agreements May Deter Costly Litigation"
Bowles Rice Banking Alert
2011
"Desmond v. PNGI Charles Town Gaming, LLC: A Case Study in Calculating Unpaid Overtime Compensation When an Employee is Misclassified as FLSA Exempt" by Julie R. Shank
Defense Trial Counsel of West Virginia Notebook of Articles
2011
"Requiring Arbitration in Consumer Account Agreements May Deter Costly Litigation"
Banking e-Alert
2010
"Technology May Assist Borrowers In Holding Banks Liable for Excessive Phone Calls"
Banking Alert
2010
"Beware of Tenant’s Rights Upon Foreclosure"
Banking Alert
2010
"Privacy Notices: West Virginia Banks Should Consider Using New Regulatory Safe Harbor"
Banking Alert
2010
"Court Reminds Construction Lenders: Follow Your Contracts"
Banking Alert
2009
"Show Me the Money: Raising Capital in a Challenging Market"
Banking Alert
2006
“Harassment and Bullying”, by Kimberly S. Croyle
National School Boards Association
May 5, 2006
Copier Word Processing Supply, Inc. v. WesBanco Bank, Inc., et al. (applicable statute of limitations in case involving conversion of checks by employee)
Amicus Brief
July 19, 2004
Lucas, et al. v. Fairbanks Capital Corp., et al. (scope of duties of trustees and loan servicers in foreclosure)
Amicus Brief
May 6, 2004
McMahon v. Advanced Title Services Company of West Virginia, et al. (unauthorized practice of law)
Amicus Brief
2004
Martino v. Barnett, et al. (disclosure of non-public personal information under state and federal privacy statutes)
Amicus Brief
March 16, 2003
Nationwide Mutual Insurance Company v. Frank S. Martino (disclosure of non-public personal information under state and federal privacy statutes)
Amicus Brief
2001
The Citizens Bank of Weston, Inc., et al. v. The City of Weston (proper application of municipal B&O tax)
Amicus Brief
August 1999
State of W. Virginia v. Combs Services, et al. and Mountain Valley Bank, N.A. (priority of secured creditor lien over statutory lien created by preneed burial contact statute)
Amicus Brief

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