• Business Expansion & Development
  • Government Contracts
  • Government Relations
  • Insurance Government Relations & Regulatory
  • Public Policy Advocacy & Reform
  • State & Local Taxation
  • expectEXPERIENCE
    • Business Expansion & Development
    • Government Contracts
    • Government Relations
    • Insurance Government Relations & Regulatory
    • Public Policy Advocacy & Reform
    • State & Local Taxation
    • Overview
    • Professionals
    • Resources

    In recent years, our state and federal governments have established a multitude of programs aimed at fueling economic growth and diversifying the state's economic base through business start-ups, expansions and relocations. From industry-specific tax credits to public funds for employee training, West Virginia has an aggressive portfolio of business incentives that can help improve the bottom-line of your business. However, knowledge of and access to these business incentive programs is key to taking advantage of the opportunities that each provides.

    Our firm has successfully advised numerous clients in securing and implementing West Virginia’s statutory business incentives for economic development, including:
    • Low interest loan programs
    • Tax credits for investment or job creation
    • The Governor’s Guaranteed Workforce Training Program
    • Property tax reductions for manufacturing property
    • Foreign Trade Zone participation

    We have facilitated the application of these programs on behalf of businesses of nearly every size and industry type.Beyond statutory business incentives, our attorneys frequently act as emissaries between government and business by:
    • Monitoring and commenting on the application of laws, rules and regulations affecting commerce, including environmental, workers’ compensation and tax
    • Negotiating property development details
    • Assisting clients in obtaining permits, certificates and other types of authority
    • Negotiating citations, fines and penalties
    • Forming industry think-tanks such as Energy Village, Inc. and Polymer Alliance Zone, Inc. (These nonprofit entities have been established by the firm to promote the progression of the energy and polymer industries in West Virginia).
    In short, our reputation and experience, applied with an eye toward improving the bottom line, allows us to successfully help our clients achieve their business goals.

    For more information regarding our business expansion & development practice, contact:

    Michael J. Basile

    N.A. (Nick) Ammar Jr. Michael J. Basile Michael S. Garrison Brian C. Helmick Jason C. Pizatella
    • Overview
    • Professionals

    Spilman's Government Contracts Practice Group attorneys have extensive experience assisting clients in conducting business with local, state, Unites States federal and international governments. The firm’s attorneys leverage backgrounds from government, in-house, executive management and private legal practice roles to guide clients through all phases of activities in this heavily regulated industry.
    Spilman attorneys can help guide you every step of the way with our full range of regulatory compliance, transactional and litigation services on virtually every facet of government contracting and procurement, including the following:
    • Business structure, strategy and planning
    • Cost accounting issues, including counseling on Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) cost and pricing compliance issues; cost principles; and Defense Contract Audit Agency (DCAA) audits
    • Complex bid and proposal activities, including pre-RFP strategic positioning, responses, and compliance with bidding regulations with federal agencies, West Virginia state agencies, and other state agencies
    • Contract negotiations, bid protests, claims and disputes, including defense of challenging contract awards before administrative and judicial tribunals
    • Foreign sales and procurement, including activities subject to International Traffic in Arms Regulations (ITAR); Export Administration Regulations (EAR); and Foreign Corrupt Practices Act (FCPA)
    • Intellectual property and data rights protection
    • Labor and employment law
    • Mergers and acquisitions, including acquisitions of United States Department of Defense (USDOD) contractors by foreign companies
    • Real estate and General Services Administration (GSA) leasing
    • Regulatory, contract and transactional compliance
    • State and local taxation compliance
    • Security clearance matters, including facility clearances; personnel clearances; foreign ownership, control or influence (FOCI) issues; and Defense Security Service (DSS) engagement
    • Subcontracting, joint ventures and strategic alliances
    We recognize that the rules of government contracting are complex, constantly evolving and have significant consequences for non-compliance. Our Government Contracts Practice Group will help you to structure the management processes and, when needed, litigation activities, to navigate within this highly regulated industry.

    For more information about our government contracts practice, please contact:
    Ronald W. Schuler
    Patrick R. Esposito II

    Patrick R. Esposito II Michael S. Garrison Brian C. Helmick Alexander Macia Ronald W. Schuler Michelle L. Varga Esposito
    • Overview
    • Professionals
    • Results
    • Resources

    Numerous Spilman lawyers have held elected and appointed positions within legislatures and state and local government, equipping the firm with the experience and insight to effectively assist our clients.  We continue to maintain strong contacts and access within these entities, which are the keys to a successful government relations practice.

    Our government relations practice includes large and small businesses, manufacturers, the insurance industry, state and national insurance trade associations, the state association of health maintenance organizations, hospitals, mineral extractive industries, solid waste facility developers, the cable television industry, and commercial motor carriers.

    The firm’s work with these varied clients includes administrative, communications, economic development, employment, energy, environmental, health care, insurance, motor carrier, natural resources, pension, regulatory, taxation, utility, and work force training law.

    Key legislative services the firm provides are:
    • Evaluating client-specific issues and needs
    • Drafting and facilitating the introduction of legislation 
    • Analyzing legislation and counseling clients of potential impact
    • Advocating, opposing, monitoring and amending legislation
    • Drafting and providing testimony on legislation
    Furthermore, Spilman recently developed proprietary legislative monitoring software that tracks West Virginia legislative activity, streamlines reporting and allows us to provide commentary on the legislation that matters to clients. Government relations clients are given secure entry into their personalized legislative monitor, which may be accessed at any time.
    Other government relations services we provide include:
    • Facilitating government support of business and industrial locations and expansions
    • Aiding clients in applications for grants and low interest loans
    • Assisting clients with obtaining approvals, authority, consents, licenses, permits, rights and waivers
    • Representing clients before administrative bodies
    • Drafting and promoting administrative rules and regulations
    • Successfully representing clients before the various branches, agencies, departments, divisions and subdivisions of state and local government requires a unique combination of knowledge, contacts and experience

    For more information about our government relations practice, contact:

    Michael J. Basile

    Legislative Monitor Login

    Michael J. Basile Mark D. Clark Jane L. Cline Betty J. Evans-Pagur Lee F. Feinberg Michael S. Garrison Brian C. Helmick Eric E. Kinder Alexander Macia Thomas J. O'Neill Jason C. Pizatella Mitchell J. Rhein David L. Robertson Scott Rotruck David L. Yaussy Spilman Represents O&G Association on AST Regulations Spilman Works with Trade Association to Shape WV's Environmental Policies
    • Overview
    • Professionals
    • Resources

    Clients of the Insurance Government Relations and Regulatory Compliance Practice Group have included national trade associations of property/casualty, health and life insurers, the state association of property and casualty insurers, the state association of health maintenance organizations, the state life and health insurance guaranty associations, and the state health maintenance organization guaranty association.

    Our work has included representation before the West Virginia Legislature and before various agencies of state government, including the Office of the West Virginia Insurance Commissioner, the Governor’s Office, the Department of Health and Human Resources, and the Division of Motor Vehicles.

    Examples of the legislative representation we have provided to insurers include:
    • Drafting legislation and working to achieve enactment
    • Monitoring and reporting on legislative issues
    • Successfully amending or defeating adverse legislation
    • Working with the Governor's office on various legislation
    • Working with the Insurance Commissioner on various legislation
    • Serving on appointed task forces on various issues
    • Speaking at conferences, public hearings and seminars
    • Organizing and administering trade associations

    We have also represented insurers in the following administrative and regulatory arenas:
    • Rate and form filings
    • Interfacing with the Office of the Insurance Commissioner
    • Formation and sale of insurance companies
    • Comments on informational letters and rulings from the Office of the Insurance Commissioner
    • Opinion letters
    • Obtaining relief from vague or onerous regulations
    • Involvement in insurer insolvency matters
    • Involvement in NOLHGA's members' participation council

    Reputation, experience, contacts and access are our keys to success. The firm maintains strong and long-standing personal contacts within the West Virginia Legislature and the Office of the Insurance Commissioner. We recognize the value of achieving our clients’ goals and provide outcome-based services.

    For more information about our Insurance – Government Relations and Regulatory Compliance Practice Group, contact:

    Jane L. Cline, Director of Public Policy

    H. Dill Battle III
    Michael J. Basile H. Dill Battle III Jane L. Cline Heather Heiskell Jones Don C. A. Parker
    • Overview
    • Professionals
    • Resources

    For decades, Spilman has offered unparalleled professional services related to government relations. Stewardship of the state business climate often begins with leadership, involving a blend of public and private efforts. Whether drafting and advancing legislative initiatives or assisting clients as they navigate the complex framework of government regulations and systems, we take great pride in such duties which frequently impact upon the state business climate. In addition, we have represented the interests of insurance companies in life and health, as well as property and casualty lines, in connection with legislative issues and regulatory compliance matters before state agencies and offices.

    The Public Policy, Advocacy and Reform Practice Group expands and enriches these services by offering a team of professionals with a strong background in public service, insurance regulation, and a proven dedication to reform measures leading to the betterment of the business environment in balance with effective consumer protection.

    The Public Policy, Advocacy and Reform Practice Group works with clients to provide the following services:
    • Analyzing issues and offering solutions that involve contact or negotiation with regulatory agencies
    • Drafting legislation and lobbying for passage
    • Monitoring and reporting legislative activities during regular and special sessions, as well as interim committee studies of issues affecting clients
    • Leading efforts for reforms relating to insurance and related industries
    • Analysis of trends and offering strategies to address client needs
    • Assisting clients with licensing and other regulatory compliance needs
    • Advancing client interests relating to the administrative rule making process
    • Consulting with clients on insurance needs and reviewing proposals for coverage or programs
    • Expert witness testimony
    • Political consulting
    • Speaking at conferences, public hearings and seminars
    • Offering management, consulting or legal support to trade associations and other organizations
    • Public issue advocacy
    For more information on Spilman's public policy, advocacy & reform practice, please contact:

    Jane L. Cline, Director of Public Policy
    Michael J. Basile H. Dill Battle III Jane L. Cline Betty J. Evans-Pagur Brian C. Helmick Alexander Macia Scott Rotruck
    • Overview
    • Professionals
    • Results
    • Resources

    West Virginia’s tax code is complex. Since the state’s inception, state and local systems of taxation have grown at a rapid pace. But for decades, Spilman has been a guiding force in this rapidly changing area. The firm has advised numerous clients in evaluating the range of state and local taxation issues, including:
    • Business and occupation taxation (both state and local)
    • State sales and use taxation
    • Motor fuel excise taxes
    • Nonresident income tax withholding
    • Personal income taxes
    • Property appraisals, valuations and assessments
    • Property tax exemptions
    • Real property transfer taxes
    • Severance taxes
    • Tax credits based on job creation or investment
    • Property tax reductions for manufacturing property
    • Corporation net income taxation, including apportionment and combined reporting

    Moreover, we have counseled clients, individuals and businesses of every size and industry type on diverse state and local tax issues.

    Beyond statutory or regulatory review, our attorneys frequently represent individuals and businesses in other ways by:
    • Monitoring and commenting on the application of tax laws by state and local taxing authorities
    • Negotiating appraisals, valuations and assessments by those authorities
    • Assisting clients in obtaining designations, certificates, rulings and other types of authority
    • Evaluating and providing comments on proposed tax laws and regulations
    • Assisting in the acquisition of tax credits and favorable valuations for new and expanding businesses
    • Litigating petitions for refund or credit, petitions for reassessment and declaratory judgment actions
    • Negotiating fines and penalties
    • Advising new and established businesses on state and local tax matters
    • Representing clients before the West Virginia Office of Tax Appeals and in courts of this state
    • Representing clients before county commissions sitting as boards of equalization and review in property tax matters
    • Representing clients in tax matters before the West Virginia Office of Tax Appeals, circuit courts and the Supreme Court of Appeals of West Virginia
    Our reputation and experience in this complex area of the law allow us to effectively advise our clients on state and local tax issues. For more information about our State & Local Tax Practice Group, contact:

    Paul G. Papadopoulos

    David R. Croft
    N.A. (Nick) Ammar Jr. G. Thomas Battle Maya E. Brown Carrie J. Cecil David R. Croft Andrew J. Darcy Brian C. Helmick Linda L. McCarty Paul G. Papadopoulos Spilman Closes Public Finance Transaction Saving Health Care Provider $48M