Practice Areas
- Appellate Litigation
- Business Litigation
- Creditors' Rights & Bankruptcy
- Cybersecurity and Information Privacy
- Employee Benefits, Executive Compensation and ERISA
- Financial Services Litigation
- Health Care
- Health Plans, Cafeteria Plans and Other Fringe Benefits
- Higher Education
- Labor and Employment
- Medical Records Privacy and Security (HIPAA)
- WE Mean Business: Women Executives and Entrepreneurs
Clerkships
- Law Clerk to The Honorable Christopher C. Wilkes, 23rd Judicial Circuit, Berkeley County, West Virginia (2007-2009)
Education
J.D., West Virginia University College of Law (2007)
- Article Selection Editor, The West Virginia Law Review Vol. 109
- Associate Editor, The West Virginia Law Review Vol. 108
B.A., magna cum laude, Seton Hill University (2004)
- Alpha Lamda Delta National Honor Society
- Pi Gamma Mu International Honor Society for Social Sciences
Admissions
- Supreme Court of Appeals of West Virginia
- Supreme Court of Pennsylvania
- U.S. District Court for the Northern District of West Virginia
- U.S. District Court for the Southern District of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
Julie Shank has experience representing and counseling clients in a variety of complex matters. She practices in the areas of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinic Health Act of 2009 (HITECH Act), cybersecurity and information privacy, business litigation and employment law.
Julie assists covered entities and business associates with all aspects of HIPAA and the HITECH Act, including audits, compliance and reporting, and responding to incidents involving breaches of Protected Health Information (PHI). She assists clients with the use, disclosure, exchange, retention and destruction of health information. Julie also reviews HIPAA business associate agreements.
Julie's experience with HIPAA, HITECH and PHI translates seamlessly to her cybersecurity and information privacy work, where she provides counsel on security risk assessment, data privacy policies and procedures, cyber incident response plans, compliance obligations and more. She also provides regulatory investigation and litigation services.
From group health and disability plans to cafeteria plans and flexible spending arrangements, Julie also helps clients administer all types of ERISA health and welfare plans. She advises clients on the intricacies of HIPAA privacy and security obligations, COBRA and other ancillary rules that apply to plan administrators.
In addition, Julie defends employers in lawsuits involving age, disability and gender discrimination, wrongful discharge, Title VII, the Americans with Disabilities Act, the West Virginia Human Rights Act, the West Virginia Wage Payment and Collection Act and the Fair Labor Standards Act.
Since 2014, Julie has been recognized for her work as a Rising Star in the field of business litigation by Super Lawyers magazine. Julie received a trial advocacy certification in 2013 at the National Trial Advocacy College, University of Virginia College of Law.
Professional Highlights
- Graduate, Leadership Wheeling
- Completed the National Trial Advocacy College, University of Virginia
Representative Cases
- Long et al. v. M&M Transportation, LLC et al., 603 Fed. Appx. 238 (4th Cir. 2015)
- Marcus v. Staubs, 230 W. Va. 127 (2012)
- Wilson v. Wilson, 227 W.Va. 157 (2010)
- Burgess v. Corporation of Shepherdstown, 2012 WL 6681875 (N.D. W. Va. 2010)
Honors
- Recognized by West Virginia Super Lawyers as a Rising Star (Business Litigation), 2014-present
- West Virginia University College of Law
- Recipient of CALI Award (recognition for achieving the highest grade in a particular subject):
- Religion and the Law
Julie R. ShankRated by Super Lawyers
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News
Presentations & Events
- Presentation: Cybersecurity for the Tax Preparer, by Julie R. ShankWest Virginia Tax Institute, Annual MeetingCanaan Valley Resort, West Virginia, October 28, 2019
- Presentation: Responding to Healthcare Data Breaches, by Julie R. ShankCharleston, West Virginia, May 21, 2019
- Presentation: Responding to Healthcare Data Breaches, by Julie R. ShankCharleston, West Virginia, March 27, 2019
- Presentation: Form-Based Zoning Workshop, by Julie R. ShankCity Council Chambers, Wheeling, West Virginia, June 12, 2017
- Presentation: Protecting Your Ideas and Your Intellectual Property, by Julie R. ShankWest Virginia Chamber of Commerce - Resource UApril 22, 2016
- Presentation: What Every Landlord Needs to Know From a Legal Perspective, by Julie R. ShankEastern Panhandle Board of Realtors, April 2013
Articles & Alerts
- August 12, 2020
- March 17, 2020
- 2019 Defense Trial Counsel West Virginia Notebook of Articles, 2019
- Bowles Rice e-Alert, May 3, 2019
- Bowles Rice e-Alert, February 12, 2019
- "Brooks v. City of Huntington: A Case Study in The Measure of Damages for Residential Property," by Julie R. Shank and J. Tyler MayhewDefense Trial Counsel of West Virginia Notebook of Articles, 2015
- "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. ShankDefense Trial Counsel of West Virginia Notebook of Articles, 2011
- "A Taking Without Just Compensation? The Constitutionality of Amortization Provisions for Nonconforming Uses," by Julie R. ShankVol. 109 W.Va. L. Review 225, Fall 2006
Blog Posts
Professional Affiliations
- West Virginia Municipal League, Municipal Attorney Association
- Defense Research Institute
- Defense Trial Counsel of West Virginia
- Treasurer, Wheeling Health Right
- American Bankruptcy Institute
- Former Pro Bono Defense Attorney, West Virginia Juvenile Drug Court Program
- Former Secretary, Eastern Panhandle Care Clinic
- Former Board Member, Horses with Hearts