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As you know, the 2020 Regular Session of the West Virginia Legislature commenced on January 8. As of this writing, the House has introduced 903 bills, while the Senate has introduced 467. We will be reporting on and tracking the progress of significant legislation during the course of the Session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...

Near the end of 2007, the United States was hit by the subprime mortgage market meltdown. For years before, the public had experienced a steady increase in home prices and a seemingly never-ending supply of mortgage lending. Homeowners were able to enjoy ever-increasing home equity and mortgage products, virtually guaranteeing that anyone who wanted to get financed could ...

In last quarter’s issue, we discussed the rise of digital currencies and the blockchain, or distributed ledger, technology that supports them. We now turn our focus to how the financial industry and governments have embraced this technology and are working to adapt it to traditional banking services and applications as far ranging as recording property transfers and safeguarding nuclear missiles ...

In a prior issue, we discussed how blockchain technology is poised to change the way various industries work. Many have theorized this technology is a game-changer that threatens to usher in a new way of conducting business worldwide. Those industries have continued to invest in blockchain technology at an ever-increasing rate. Banks and other financial institutions have not been left out of this as several have joined large consortiums that aim to study and implement this technology ...

The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on and tracking the progress of significant legislation during the course of the session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...

In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update its regulations for implementing procedural provisions of the National Environmental Policy Act ("NEPA") ("Proposed Rule"). The deadline for filing comments on the Proposed Rule is March 10, 2020 ...

The 2020 Regular Session of the West Virginia Legislature is now entering the final stretch with only a little less than two weeks left. No new bills may be introduced in either chamber (though a committee may still originate a bill) and all bills, with the exception of appropriations bills, must be out of committee and passed by their respective house of origin by February 26.   As of today, the House has introduced 1,528 bills, while the Senate introduced 853 ...

Originally published in DRI - For the Defense. By Hakim Bouadi, Stephanie U. Eaton, Matthew W. Georgitis, and Robert A. Plichta Bringing an engineer and an architect onto the legal team as soon as a building catastrophe happens has more than just legal benefits ...

The 50th day of the 2020 Regular Session of the West Virginia Legislature marks a significant boundary line between the bills that have a chance for passage and those that failed. It is known as Cross Over Day, the last day to consider bills on third reading in their house of origin.   By Cross Over Day, the House had introduced a total of 1,528 bills, with the Senate contributing 853 ...

At Spilman, we are often asked to review the "colder" legal aspects of human events of all types. The COVID-19 pandemic will be no different. To get a jump start on some of the questions we have faced or will face, we offer some thoughts on the contractual implications of COVID-19. Over the past week, Americans have witnessed countless unprecedented responses to the COVID-19 pandemic. The NBA postponed its season. The NHL soon followed ...

On March 15, 2020, the U.S. Patent and Trademark Office announced its offices will be closed to the public until further notice, "out of an abundance of caution for the health and safety of the public and USPTO employees." The closure began Monday, March 16, 2020 until further notice. Offices remain open for employees, contractors, and those with access badges. Unless otherwise notified, USPTO operations will continue without interruption ...

Restrictions related to COVID-19 have created immediate impacts for businesses of all sizes. Regardless if your industry has been directly affected by government mandates to work from home or restrict travel, it seems that no company can operate under a "business as usual" mindset over the near future ...

As part of Spilman’s COVID-19 Task Force, we wanted to answer the pressing questions of many employers during this growing pandemic. Employers should consider implementing strategies and policy changes to reduce the risk of infection in the workplace while still complying with their obligations under the Americans with Disabilities Act. This is a developing topic, with many states imposing quarantines and Congress taking up the Families First Coronavirus Response Act ...

Congress appears to have reached an agreement on legislation to provide paid family and medical leave in connection with the COVID-19 pandemic. However, the bill still must be signed into law by the President. In the interim, Pittsburgh employers should take note that the City of Pittsburgh has passed legislation that already requires most employers operating in the City to provide for the accrual of minimum amounts of sick leave effective March 15, 2020 ...

As part of Spilman's and our COVID-19 Task Force's continuing effort to partner with you during this public health emergency, we’ve been monitoring Congress’ work on the Families First Coronavirus Response Act ("Act"). This now has passed both houses and all indications are that it will be effective within weeks. Even in its short history, the bill has seen some significant changes. This is the final form ...

In accordance with the CDC’s guidance on social distancing, more and more companies are increasing the number of employees working from home. As the number of employees working from home increases, so do the related cyber risks. Sophisticated hackers have developed a game plan for exploiting weaknesses unique to the remote workforce employment model ...

UPDATE - On March 20 in the evening, Governor Wolf issued a revised list classifying businesses as life-sustaining and non-life-sustaining. The press release, list and frequently asked questions can be found here. In addition, Governor Wolf has extended the timeframe for enforcement of the order. The Pennsylvania General Assembly recently completed the Appropriations hearings related to the FY 2020-2021 budget. The plans to resume the legislative session were altered due to COVID-19 ...

On March 18, 2020, Governor Jim Justice suspended the rule prohibiting bars and restaurants from providing beer and wine for off-premises consumption. Restaurants and bars with Class A licenses are now permitted to sell sealed bottles or cans of beer in their original containers and bottles of wine to-go so long as they are accompanied by food orders. The rule does not authorize the sale of beer growlers unless the individual possesses a beer growler license ...

We realize employers continue to have pressing questions during this growing COVID-19 pandemic. Our COVID-19 Task Force is ready to assist with those questions and will continue providing updates in hopes of answering some of the more pressing questions you are likely to encounter as we move forward in this unprecedented situation ...

1)  Publish, circulate, and implement the latest CDC, local health department, and OSHA pronouncements on maintaining a healthy worksite and make sure you are stocked on essential product (soaps and sanitizers). 2)  If you plan on allowing essential vendors and other visitors to continue coming onto your property, implement a visitor policy that: Requires visitors to acknowledge they have not come into contact with anyone at risk ...

Pennsylvania began enforcing Governor Tom Wolf’s order closing non-essential businesses at 8:00 a.m. today, March 23, 2020. Enforcement will be conducted by a number of state and local agencies, including the Pennsylvania Liquor Control Board, Department of Health, Department of Agriculture, and State Police ...

As we all know by now, much of our day-to-day lives have been upended by the COVID-19 pandemic. We are being told by everyone everywhere - the CDC, the President, governors, mayors, public health officials - we need to flatten the curve of the virus' natural exponential spread by practicing social distancing and aggressive hand washing ...

This afternoon, West Virginia Governor Jim Justice announced a Stay-At-Home Order that will affect all West Virginians. Once the Order takes effect at 8:00 p.m ...

The IRS has issued the several news releases in response to the COVID-19 pandemic: IRS Notice 2020-18 Tax Day now July 15. Treasury, IRS extend filing deadline and federal tax payments regardless of amount. The Treasury Department and IRS announced the federal income tax filing due date (for individual, trusts, estates, partnerships, corporations, and associations) is automatically extended from April 15, 2020, to July 15, 2020 ...

No one can predict all the effects of the pandemic on the borrower/lender relationship, but some of those effects will be severe. Both parties place a high value on predictability in their dealings. A borrower must know that when it needs funds, the line of credit will be available, while a financial institution needs to have payments made and covenants met as provided in the financing documents. Its long term survival depends on it ...

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