Charles  - L. - Woody

Charles L. Woody

Counsel
Charleston, W.Va.
304.340.3862 - office
304.552.8110 - mobile

Education

  • University of Virginia, B.A., 1969
  • Florida State University, J.D., 1972

Admissions

  • West Virginia State Bar
  • The Florida Bar
  • West Virginia Supreme Court of Appeals
  • Supreme Court of the State of Florida
  • Supreme Court of Pennsylvania
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States District Court for the Western District of Pennsylvania
  • United States Courts of Appeals for the Third, Fourth, Sixth and District of Columbia Circuits
  • United States Supreme Court
Mr. Woody’s primary areas of practice are labor and employment law, litigation and appellate litigation practice.

Representative Experience

  • Recent cases:
    • Brown et al v. Tethys Bioscience, Inc., 2013 WL 65456 (Jan. 4, 2013), 2012 WL 4605671 and 4606386 (Oct. 10, 2012) and WL 4606007 (Oct. 1, 2012) orders granting Tethys summary judgment on negligent misrepresentation, retaliation, discharge and other counts
    • Harper v. Jackson Hewitt, Inc., 2010 WL 4723380, W. Va.
    • Carolina Power & Light Company v. Aspect Software, Inc., 2010 WL 3210970 (E.D.N.C.)
    • State ex re. Richmond American Homes of West Virginia, Inc. v. Sanders, 226 W. Va. 103, 697 S.E.2d 139 (2010)
    • West v. West Virginia Department of Transportation, Division of Highways, 224 W. Va. 563, 687 S.E.2d 346 (2009)
    • Cottrell Co. v. Carlton, Inc., 614 S.E.2d 1 (2005) (hired for appeal and successfully had sanctions overturned)
    • Columbia Natural Resources, 120 LA 1599 (July 28, 2005) (successfully defended successor employer’s alleged failure to match 401(k))
    • Holland v. Williams Mountain Coal Co., 256 F.3d 819, 347 U.S. App. D.C., 198, 26 Employee Benefits Cas. 1781 (D.C. Cir., July 31, 2001) (successfully defended successor-in-interest definition under Coal Act; Court did not apply “substantial continuity of operations” test)
    • N.L.R.B. v. Labor Ready, Inc., 253 F.3d 195, 167 L.R.R.M. (BNA) 2405, 143 Lab. Cas. P 11,007 (4th Cir., 2001)
    • Gardner v. E. I. du Pont de Nemours and Co., Inc., 7 Fed. Appx. 241, 2001 WL 378276 (4th Cir. (W. Va.), 25 Employee Benefits Cas. 2696 (4th Cir. (W. Va.), Apr .16, 2001)
    • Holland v. High Power Energy, 98 F. Supp. 2d 741 (S.D.W. Va. 2000)
    • Holland v. Big River Minerals Corp., 181 F.3d 597 (4th Cir. 1999)
    • Anker Energy Corp. v. Consolidation Coal Co., 177 F.3d 161, 24 Employee Benefits Cas. 1026 (3d Cir. 1999)
    • Carbon Fuel Co. v. USX, 153 F.3d 719 (4th Cir. 1998)
    • Leary v. Bluestone Coal, 141 F.3d 1158 (4th Cir. 1998)
  • Lead counsel as plaintiff in Uniform Trade Secrets Act case for misappropriation by employees
  • Lead counsel, 15-day trial on successorship issues
  • Speaker, 2012 ABA Labor and Employment Law Conference, Atlanta, "Developing a Best-in-Class Labor and Employment Law Practice"
  • Speaker, 2003 ABA Mid-Year Meeting, San Juan, Puerto Rico
  • Speaker, 2002 ABA Annual Meeting, “Hot Topics in Labor Law,” sponsored by YLD and Labor and Employment Law Section
  • Guest Speaker, University of Virginia Law School, Employment Litigation: Principles and Practice, October 1998
  • Law Clerk, John A. Field, Jr., Judge, United States Court of Appeals for the Fourth Circuit, 1973 – 1974

Affiliations

  • Adjunct Professor of Law, Washington and Lee University Law School, Spring and Fall 2012, Fall 2013, Employment Practices; 2014, Covenants Not to Compete
  • Adjunct Professor of Law, Charleston School of Law, Charleston, S.C., Spring 2013, Employment Law
  • American Bar Foundation, Fellow; College of Labor and Employment Law, Fellow
  • American Bar Association, Labor and Employment Law Section, Litigation Section
  • Fourth Circuit Judicial Conference, Member

Publications

  • “An Argument for Use of Stock Options with Forfeiture Clauses for Breach of Duty of Loyalty,” West Virginia Law Review, November 2016
  • “How to Handle the Difficult Opposing Counsel,” ABA Young Lawyers Subcommittee, Online Products Liability Articles, 2006
  • “How to Second Chair a Trial,” ABA Young Lawyers Subcommittee, Online Products Liability Articles, January 2007
  • “Early Case Assessment,” Counsel to Counsel, January 2006
  • “NLRB Alters Successor Bar Rule,” The West Virginia Lawyer 14 (December 2002)
  • “Ten Good Ideas to Avoid Employment Discrimination Suits,” 1 The West Virginia Lawyer 16 (1988)
  • “Clinchfield Coal Co. v. District 28, United Mine Workers: A New Standard for Judicial Review of Labor Arbitration Awards,” 88 W. Va. L. Rev. 613 (1986)
  • “Impact of District 29, United Mine Workers v. Royal Coal Co. on the Sale of a Coal Facility,” 88 W. Va. L. Rev. 605 (1986)
  • “Liability for Employee Benefits Resulting from Cessation of Mining Operations,” 7 Eastern Min. L. Inst., Ch. 7 (1986)

Other

  • Recognized by The Best Lawyers in America as "Lawyer of the Year" 2016 (Charleston, WV) in Labor Law - Management
  • Chair, Spirit of the Valley, Fundraiser, Charleston YMCA, 2012
  • United States District Court for the Southern District of West Virginia, Member, Local Rules Committee, 2004
  • West Virginia Roundtable, Former Member
  • Tulane School of Law Multi-State Labor and Employment Law Annual Seminar, Member, Planning Committee, 1992 – 2010
  • The Alzheimer’s Association of Southern West Virginia, Member, Board of Directors, 1997 – 2000
  • Nominated by his peers for inclusion in The Best Lawyers in America for Employment Law - Management, Labor Law - Management, and Litigation - Labor & Employment Law
  • Recognized by Chambers USA for Labor and Employment, Band 1 
  • Listed by West Virginia Super Lawyers and Corporate Counsel Super Lawyers
  • West Virginia Selection Committee for University of Virginia Jefferson Scholarship, Member
  • Florida State University Law Review
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Michael J. Basile / Responsible Attorney
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