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    • expectEXPERIENCE
    • Banking & Finance Law
    • Chemical
    • Community Banking
    • Construction Law
    • Consumer Finance
    • Energy Law
    • Health Care Law
    • Higher Education
    • Insurance
    • Shale Gas Law
    • Technology
    • Utility Law
    Services | Industries expect
    EXPERIENCE
    • Overview
    • Professionals
    • Results
    • Resources
    Spilman Thomas & Battle has a wide range of experience in banking and finance law. We are knowledgeable in banking law matters for financial institutions, including formation and development strategies, mergers and acquisitions, and bank holding company counsel, and we represent clients throughout the nation from offices in West Virginia, Virginia, North Carolina and Pennsylvania.

    Our lawyers are experienced in finance law, and have assisted lending institutions and borrowers in the structure and documentation of all types of financial transactions.


    Our Banking & Finance Services

    We have helped financial institutions with their internal needs as well. Our attorneys have negotiated and documented vendor and supplier contracts and other business agreements on behalf of financial clients. The firm’s Labor and Employment Practice Group has also provided counsel to banks and other financial institutions on various employment matters.

    Spilman has extensive experience in partnering with federal and state economic development agencies to leverage commercial banking transactions. By combining public source funds with lender assets, we have been able to substantially enhance a variety of financial transactions. Our attorneys have represented financial institutions, economic development entities and borrowers in these transactions.

    For more information regarding our banking & finance practice, contact:

     

    F. B. Webster Day
    540.512.1802
    wday@spilmanlaw.com

    Primary Contact:

    F. B. Webster Day
    540.512.1802
    wday@spilmanlaw.com

     

    Team Roster:

    Rayford K. (Trip) Adams III Debra Lee Allen Elizabeth A. Benedetto P. Corey Bonasso Carter R. Brothers Carl H. Cather III Mark D. Clark David R. Croft K. Paul Davis F. B. Webster Day Travis H. Eckley Patrick R. Esposito II David P. Ferretti Brian C. Helmick William M. Herlihy Lee O. Hill Bryce J. Hunter Bruce M. Jacobs Brienne T. Marco John J. Nesius Joyce Fleming Ofsa Peter M. Pearl Ronald W. Schuler Bryan G. Scott David B. Shapiro Hugh B. Wellons     Multi-Million Dollar Financing Results in Premier Space for Motorcycle Manufacturer Biotech Startup Gets $10M in Funding Agricultural Lending Institution Closes $5M+ Credit Facility Spilman Closes $6.5 Million Venture Angel Financing Spilman Wins Summary Judgment on All Claims Against Multi-State Bank Client
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019
     
    Spilman Ranked in Chambers USA 2019
    4/25/2019
     
    Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
    11/1/2018
     
    Reverse Mortgages Becoming a Bigger Part of Litigation in West Virginia
    10/17/2018
     
    What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.
    8/30/2018
     
    10 Spilman Attorneys Recognized as "Lawyers of the Year" 2019
    8/15/2018
     
    Federal Reserve Board Publishes SOFR as a Replacement for LIBOR
    5/3/2018
     
    Spilman Ranked in Chambers USA 2018
    5/3/2018
     
    House Passes Bill to Reduce Capital Requirements of Financial Institutions
    4/3/2018
     
    U.S. Senate Disapproves Consumer Financial Protection Bureau's Rule
    10/30/2017
    • Overview
    • Professionals
    From offices in West Virginia, Virginia, Pennsylvania and North Carolina, Spilman has represented clients in the chemical industry for nearly 70 years. Admitted to practice in 16 states and the District of Columbia, our lawyers have deep experience across the broad range of legal issues relevant to the chemical industry. Furthermore, we are able to assist chemical industry clients throughout the world via our national and international connections with World Services Group and Lex Mundi. Whether your issues lean toward environmental and toxic tort, employment and labor, intellectual property, real estate, government relations, or premises liability issues, we have you covered.

    Spilman attorneys will help you get in front of problems before they occur. Our team will help you devise crisis management plans, outlining responsible parties, communication plans, and, of course, legal response plans. We also are adept at advocating for your interests before government bodies. We will review your operations and help you find potential weaknesses and vulnerabilities to litigation.

    To manage litigation defense, and to control client costs, we use the Early Case Assessment model to identify and quantify the risks of trial versus settlement. The ECA is a living document, calling for constant evaluation, strategic decisions, and communication with the client as the case develops. When outside resources are required for electronic discovery, document collection, management and production, we call upon our network of trusted partner organizations to assist in serving client needs as effectively and efficiently as possible. Our success is measured by client objectives.

    Our representation of clients in the chemical industry covers virtually every substantive area of law, and includes representing clients in matters such as:
     
    • Litigating disputes, including environmental and toxic tort claims, claims of asbestos-related injuries, unfair trade practices, deliberate intent injury claims, and employment-related jury, bench and administrative trials and mass consolidations
    • Defending highly complex medical monitoring claims, including class actions, for companies in high-stakes litigation
    • Representing chemical manufacturers in EPA’s New Source Review enforcement initiatives against them
    • Representing chemical manufacturers in investigations involving possible criminal enforcement of alleged environmental crimes
    • Representing and counseling of chemical manufacturers on RCRA compliance, including environmental audits and defense of enforcement actions and administrative matters
    • Representing chemical manufacturers in a variety of enforcement actions, investigations and rulemakings
    • Providing comprehensive human resources audits, conducting comprehensive employee training programs, drafting and modifying personnel policies and procedures, and helping clients navigate employment decisions
    • Representing clients in union organizing campaigns, collective bargaining negotiations, unfair labor practice charges, arbitrations, discharges, strikes, civil litigation, and complex mergers and acquisitions
    • Structuring large, multi-asset transactions for chemical companies
    • Representing parties in cash collateral disputes, preference actions, asset purchases and sales, reclamation claims, executory contract and leasing issues, and numerous bankruptcy litigation matters, including automatic stay, equitable subordination, fraudulent transfer, and claims objections
    • Assisting in protecting clients against credit risks before a customer bankruptcy filing
    • Preparing and prosecuting patent applications

    Spilman strives to provide value to chemical industry clients beyond day-to-day legal matters. Our attorneys serve in leadership capacities on national legal and chemical industry associations, keeping abreast of current issues. We also look for opportunities to connect our clients with other valuable organizations, such as West Virginia’s Polymer Alliance Zone, the founding of which was facilitated by Spilman attorney Michael J. Basile.

    For additional information about Spilman's chemical industry services, please contact:

     

    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com

    Clifford F. Kinney, Jr.
    304.340.3844
    ckinney@spilmanlaw.com

    Primary Contacts:

    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com

    Clifford F. Kinney, Jr.
    304.340.3844
    ckinney@spilmanlaw.com
     

    Team Roster:

    Andrew P. Arbogast Paula L. Durst Stephanie U. Eaton James D. Elliott Matthew P. Heiskell Heather Heiskell Jones Clifford F. Kinney Jr. Neva G. Lusk M. Mallory Mantiply Jeffrey D. Patton Niall A. Paul Edward W. Rugeley III Dennise R. Smith John R. Teare Jr. Christina S. Terek James A. Walls David L. Yaussy
    • Overview
    • Professionals
    • Resources
    Spilman Thomas & Battle serves clients in the community banking industry across the spectrum of their legal needs. From offices in North Carolina, Virginia, West Virginia and Pennsylvania, our community banking attorneys collaborate with clients on a multitude of issues spanning the business environment, advising and representing them in matters such as:
     
    • Corporate governance
    • Commercial lending, including asset-based lending
    • Mergers and acquisitions
    • Taxation matters
    • Labor and employment matters
    • Regulatory interpretation and defense
    • Securities registration and filing
    • Bankruptcy, work-outs and collections matters
    • Consumer finance matters
    • Workplace investigations
    • White collar criminal defense and compliance

    Spilman attorneys are immersed in the community banking industry, helping clients understand and appreciate the unique challenges and opportunities facing community and super-community banks. We serve as outside general counsel or as an extension of a client’s in-house legal department through prompt, knowledgeable assistance on a wide array of legal and banking issues. We also regularly provide opportunities for updates and education on legal and banking issues through such means as timely and informative seminars, webinars and e-newsletters. Finally, as part of our commitment to offer clients maximum value, we offer both traditional and alternative billing arrangements for our services.  

    Whether you need legal representation or general business advice, Spilman’s seasoned community banking lawyers are well-equipped to assist and would welcome the opportunity to do so.

    For more information regarding our community banking practice, please contact:


    Hugh B. Wellons
    540.512.1809
    hwellons@spilmanlaw.com
     

    Primary Contact:

    Hugh B. Wellons
    540.512.1809
    hwellons@spilmanlaw.com

     

    Team Roster:

    Hugh B. Wellons
    Chief Financial Officers Focus on Today and the Future: An Interview
    3/3/2016
     
    Community Banking Excellence: Issue 1, 2016
    3/3/2016
     
    Cybersecurity: What You Must Know and What You Must Do
    3/1/2016
     
    Highmark Properties Revisited: Lender Credit Bids
    3/1/2016
     
    The Oil and Natural Gas Industry: The Impacts and Uncertainty Continue
    3/1/2016
     
    Looking Back, Looking Forward – A 2015 Retrospective and 2016 Predictions
    12/30/2015
     
    Revisiting the Post-Bankruptcy Toolbox: Don’t Forget to Compare the Financials
    12/30/2015
     
    Virtual Currencies and the Risks They Bring to Community Banks and the Financial Industry
    12/30/2015
     
    Community Banking Excellence: Fourth Quarter 2015
    12/30/2015
     
    An Interview with James C. Cherry, CEO, Park Sterling Bank
    10/20/2015
    • Overview
    • Professionals
    • Results
    • Resources
    Spilman’s construction law practice is a full service, interdisciplinary practice consisting of experienced construction practitioners and drawing on our associated practices in real estate, economic development, labor and employment, workers’ compensation, product liability, corporate law, and litigation.

    The firm’s Construction Law Practice Group assists professionals in construction, design, engineering, and associated industries. Our attorneys represent developers, general and sub-contractors, property owners and managers, design professionals, insurers, and product manufacturers, including construction supervisors and related management. Spilman’s construction law attorneys also work closely with lenders, sureties, insurers and inspectors, and we have experience with matters involving government entities on the federal, state and local levels.

    Spilman’s attorneys handle a full range of commercial, industrial, residential and mixed use projects. Our construction attorneys have experience in utility projects involving power plants, natural gas facilities, and sewer pipelines, as well as other infrastructure projects, such as roadways, bridges, tunnels and overpasses. Spilman attorneys have represented numerous clients in site development and slope stabilization matters, and we have handled construction-related legal matters affecting schools, hospitals, and student housing developments, as well as government facilities encompassing courthouses, libraries, prisons and administrative offices. In addition, our team members have created niche practices spanning industrial and environmental matters.

    While Spilman’s construction lawyers seek to avoid claims through careful negotiation and drafting of construction contracts and regular consultation during the project, disputes do arise. When they do, Spilman’s experienced construction litigators have the knowledge and experience to prosecute or defend claims or suits efficiently and effectively.  The firm has particular experience in disputes involving:
     
    • Mechanics' liens
    • Cost impact and delay claims
    • Construction defects
    • Payment and performance bond claims
    • Environmental compliance
    • Permitting and licensing
    • Construction financing
    • Employment and immigration
    • Occupational safety and health
    • Workers’ compensation
    • Insurance coverage

    Spilman attorneys handle all forms of litigation before courts and in arbitration. Our team also includes experienced mediators and arbitrators.

    For more information regarding our construction law practice, contact:


    Bryan G. Scott
    336.631.1061
    bscott@spilmanlaw.com

    Julian E. Neiser
    412.325.1116
    jneiser@spilmanlaw.com

    Primary Contacts:


    Bryan G. Scott
    336.631.1061
    bscott@spilmanlaw.com

    Julian E. Neiser
    412.325.1116
    jneiser@spilmanlaw.com
     

    Team Roster:

    Carl H. Cather III Lindsay J. Cook, CPA James S. Crockett Jr. F. B. Webster Day Stephanie U. Eaton Travis H. Eckley Matthew W. Georgitis Elba (Bo) Gillenwater Jr. Steven C. Hemric Clifford F. Kinney Jr. Travis A. Knobbe Gerald E. (Gee) Lofstead III M. Mallory Mantiply Glen A. Murphy Ronald M. Musser Julian E. Neiser Bryan G. Scott Grant P. H. Shuman John R. Teare Jr. Gerald M. Titus III     University Reaches Final Settlement of High-Profile Construction Litigation Matter Spilman Wins Summary Judgment on All Claims Against Multi-State Bank Client
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019
     
    Partnering With Industry: DRI Construction Law Committee Insights on Legal Issues Raised by NAWIC Le
    7/10/2019
     
    Partnering With Industry: DRI Construction Meets Leaders of the National Association of Women in Con
    7/10/2019
     
    A Case to Watch: Brayman v. Westfield Insurance
    5/7/2019
     
    Indemnification Agreements and Insured Contracts – Yes, Your Business and/or Your Insurer Might Just
    5/7/2019
     
    NC Senate Proposes Contractor Continuing Education Bill
    5/7/2019
     
    The Site Report - Construction Law Insights: Issue 1, 2019
    5/7/2019
     
    Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
    11/1/2018
     
    The Site Report - Construction Law Insights: Issue 2, 2018
    10/18/2018
     
    A Sales Tax on Services? North Carolina’s New Sales Tax on Repair, Maintenance, and Installation Ser
    10/17/2018
    • Overview
    • Professionals
    • Results
    • Resources
    Spilman has defended hundreds of individual and class-action lawsuits regarding alleged violations of federal and state consumer protection statutes, including the West Virginia Consumer Credit and Protection Act, the Federal Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Truth-in-Lending Act and Regulation Z.

    Our clients include national banks, federally chartered and insured financial institutions, state banking corporations, hospitals, professional debt collectors, other law firms, cable operators, check warranty companies, insurance companies, satellite operators, retail stores, mortgage brokers and loan servicers. We have also represented clients in investigations by state and federal regulators such as the Federal Reserve Board and several state attorney general offices.

    Our experiences extend well beyond the boundaries of West Virginia. Spilman lawyers have been lead counsel and have managed consumer protection cases in Kentucky, North Carolina, Ohio, Pennsylvania and Virginia. We have also assisted clients in matters pending in several other jurisdictions, including several nationwide cases, and have counseled clients on compliance with federal lending, credit reporting, debt collection and privacy laws in their nationwide operations. As a result of our experience, several lawyers are frequent speakers in national continuing legal education seminars regarding consumer finance litigation and class actions.

    Our Consumer Finance Litigation Practice Group is organized to meet not only your litigation needs, but every aspect of your business. The practice group consists of more than 40 lawyers with the experience in consumer protection laws to provide compliance counseling, government relations, litigation defense and client support services, such as debt collection.

    To learn more, please contact the Consumer Finance Litigation Practice Group:


    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

    Debra Lee Allen
    304.291.7951
    dallen@spilmanlaw.com
     

    Primary Contacts:

    Bruce M. Jacobs
    304.340.3863
    bjacobs@spilmanlaw.com

    Debra Lee Allen
    304.291.7951
    dallen@spilmanlaw.com
     

    Team Roster:

    Debra Lee Allen Angela L. Beblo James S. Crockett Jr. Matthew P. Heiskell Bryce J. Hunter Bruce M. Jacobs Kelly J. Kimble Tai Shadrick Kluemper Travis A. Knobbe Neva G. Lusk Alexander Macia Nicholas P. Mooney II Jeffrey D. Patton Nicholas S. Preservati Gerald M. Titus III     Spilman Gets Summary Judgment in One of the First Reverse Mortgage Cases in WV Spilman Appellate Win Important for Defense Against Future WVCCPA Claims
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019
     
    Consumer Litigation Landscape After the 2015 Amendments to the WV Consumer Credit and Protection Act
    10/9/2019
     
    Amendment to West Virginia's Consumer Protection Statute Will Permit Sales of Certain Vehicles "As I
    6/26/2019
     
    WV Legislature Amends Consumer Protection Statute to Regulate and Impose Restrictions on Litigation
    6/3/2019
     
    Failing to Satisfy a Pre-Suit Notice Requirement in a Consumer Lawsuit May Not be Fatal to the Consu
    5/10/2019
     
    West Virginia’s Attorney General Sues the Catholic Church - Alleging Priests Accused of Sexual Abuse
    3/27/2019
     
    Pre-Suit Notice Requirements in Consumer Litigation in West Virginia - Make Sure You Know which Requ
    2/5/2019
     
    West Virginia Legislature Again Considers Bill to Reduce Penalties Available Under the WVCCPA
    2/1/2019
     
    Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
    11/1/2018
     
    Reverse Mortgages Becoming a Bigger Part of Litigation in West Virginia
    10/17/2018
    • Overview
    • Professionals
    • Results
    • Resources
    Spilman Thomas & Battle’s attorneys provide counsel and support in energy law matters for clients throughout the nation from offices in West Virginia, Pennsylvania, North Carolina and Virginia.

    We represent commercial and industrial clients in every aspect of production, processing and energy use, from evaluating specific strategies, to negotiations, preparation of documents and approval at the appropriate government agency.

    We have provided counsel and assistance in every area of energy law, including:
     
    • Natural gas
    • Electricity
    • Water and sewer
    • Coal
    • Transportation
    • Telecommunications
    • Landfill
    • Wind power
    The goal of the Energy Practice Group is to keep our clients well-informed by providing accurate and timely assessments of emerging national and state energy developments. We regularly assist our clients in analyzing and developing strategic plans to cope with energy purchases and fuel management, production and transportation issues, and to obtain regulatory approvals. Our energy lawyers have evaluated opportunities, negotiated terms and conditions, and prepared and revised documents for every type of energy agreement – purchase, transportation, production and fuel management.

    If our client’s energy needs move from corporate to litigation, we have many years of experience representing utilities, energy development companies, and industrial and commercial consumers. We also provide representation before other government bodies including state legislatures, arbitration panels, circuit courts, state courts of appeals, and federal trial and appellate courts, including the United States Supreme Court.

    During the past 30 years, our extensive experience in industrial and commercial energy law has allowed our Energy Law Group and Utility Law Group to participate in major and "cutting edge" developments and cases, including:
     
    • Certificates for natural gas and coal-fired power plants and wind power projects
    • Restructuring of the electric industry
    • Planning and litigating the first LDC bypasses
    • Negotiating and drafting energy contracts
    • Curtailment and interruption cases
    • Drafting rules, regulations and statutes
    For more information regarding our energy law practice, contact:

    William M. Herlihy
    304.340.3838
    wherlihy@spilmanlaw.com 

    Nicholas S. Preservati
    304.720.3437
    npreservati@spilmanlaw.com

    Primary Contacts:

    William M. Herlihy
    304.340.3838
    wherlihy@spilmanlaw.com 

    Nicholas S. Preservati
    304.720.3437
    npreservati@spilmanlaw.com
     

    Team Roster:

    John F. Allevato Michael J. Basile H. Dill Battle III Samuel M. Brock III Kevin L. Carr Mark D. Clark Hon. Tom Corbett James S. Crockett Jr. K. Paul Davis Paula L. Durst Travis H. Eckley James D. Elliott Lee F. Feinberg David P. Ferretti Lisa M. Hawrot Mark E. Heath William M. Herlihy Eric W. Iskra Bruce M. Jacobs Heather Heiskell Jones Kelly J. Kimble Neva G. Lusk Nicholas P. Mooney II Jeffrey D. Patton Niall A. Paul Jason C. Pizatella Nicholas S. Preservati Susan J. Riggs David L. Robertson Joseph V. Schaeffer Ronald W. Schuler Grant P. H. Shuman Christina S. Terek James A. Walls Ryan W. Weld Derrick Price Williamson Charles L. Woody David L. Yaussy     Economic Progress Coming Soon to WV Natural Gas Industry Oil & Gas Operating Unit No Longer in Jeopardy After WV Supreme Court Win
    Currents - Energy Industry Insights: Issue 43, 2019
    12/5/2019
     
    Currents - Energy Industry Insights: Issue 42, 2019
    11/14/2019
     
    Currents - Energy Industry Insights: Issue 41, 2019
    11/7/2019
     
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019
     
    Currents - Energy Industry Insights: Issue 40, 2019
    10/31/2019
     
    Currents - Energy Industry Insights: Issue 39, 2019
    10/24/2019
     
    Currents - Energy Industry Insights: Issue 38, 2019
    10/17/2019
     
    Currents - Energy Industry Insights: Issue 37, 2019
    10/10/2019
     
    EPA Proposes Rulemaking to Modify Methane Regulations
    10/3/2019
     
    Currents - Energy Industry Insights: Issue 36, 2019
    10/3/2019
    • Overview
    • Professionals
    Spilman has a large and diverse practice in the area of health care law. In offices situated throughout West Virginia, Virginia, Pennsylvania and North Carolina, at least 18 of the firm’s attorneys practice in the field of health care law on a full or part time basis.

    Few areas of law have changed as much in the past decade as health care, particularly with the passage of the Patient Protection and Affordable Care Act and related legislation, and our substantial health care practice has grown with these changes in health care law. We have helped clients form, develop and operate integrated delivery systems, managed care organizations, medical corporations and management services organizations.

    We have successfully represented hospitals and other clients in certificate of need proceedings, rate proceedings and other administrative actions. We have defended hospitals and individuals in civil and criminal litigation matters. We have advised, assisted and litigated issues concerning the revocation of physician Medicare privileges by the Centers for Medicare & Medicaid Services. As the federal Medicare and Medicaid fraud and abuse and Stark II laws and regulations have developed over the past several years, we have counseled clients on structuring transactions and relationships to comply with this complex regulatory framework. And as the relationships between hospitals and physicians have evolved and changed, we have helped them meet the challenges and opportunities afforded by these changes.

    Some of the other areas covered by the health care practice include acquisitions of hospitals, physician practices and other health care businesses, antitrust, bankruptcy, contracts, corporate law (including corporate governance), corporate reorganizations, due diligence investigations, employment law, False Claims Act, Health Care Quality Improvement Act, integrated delivery systems, internal investigations, joint ventures, labor law, litigation, managed care, medical staff, mergers and acquisitions, nonprofit hospitals and other nonprofit health care businesses, and reimbursement issues.

    For more information regarding our Health Care Law Practice Group, please contact:

     

    David P. Ferretti
    304.340.3859
    dferretti@spilmanlaw.com

    Michael S. Garrison
    304.291.7926
    mgarrison@spilmanlaw.com

    Kevin L. Carr
    304.340.3877
    kcarr@spilmanlaw.com

    Neva G. Lusk
    304.340.3866
    nlusk@spilmanlaw.com      Rayford K. (Trip) Adams III Debra Lee Allen John F. Allevato Michael J. Basile Kevin L. Carr Jane L. Cline David R. Croft Andrew J. Darcy Stephanie U. Eaton James D. Elliott David P. Ferretti W. Eric Gadd Michael S. Garrison Brian C. Helmick Lee O. Hill Eric W. Iskra Heather Heiskell Jones Eric E. Kinder Neva G. Lusk Alexander Macia Brienne T. Marco Bryan S. Neft Jeffrey D. Patton Bryan G. Scott Grant P. H. Shuman Robert H. Wall
    • Overview
    • Professionals
    • Results
    Spilman Thomas & Battle’s higher education team has in-depth experience in the gamut of issues affecting colleges and universities. Many of our attorneys have served as general counsel to, in leadership positions at and on the boards of institutions of higher learning. They now leverage this day-to-day experience in their representation of colleges and universities at Spilman.

    We regularly represent our higher education clients in the following areas:
     
    • Labor and employment—human resources, employment contracts, tenure, termination, employment lawsuits
    • Multi media—rights, license agreements, procurement rules and regulations
    • Athletics—NCAA/NAIA issues, Title IX and EEOC
    • Government relations—legislative advocacy at the state level, responses to governmental inquiries, consultation on planned or pending governmental action
    • Campus expansion—construction law, public-private construction partnerships, bond issuance, real estate law
    • Intellectual property—brand ownership and licensing, sponsorships, research patents
    • Immigration—faculty and students
    • Regulatory consultation and advice—planned giving assistance, FERPA, open meetings laws, FOIA, governance issues, financial aid
    • Information security—breach planning and security,  electronic discovery services, crisis management
    • Contracts—document review, negotiation, breach allegations and disputes
    • Governance—development of internal and external policies

    Our higher education team is poised to help you in virtually any type of law. Our work regularly touches on all of the matters listed above and more. For more information regarding our higher education practice, contact:


    David P. Ferretti
    304.340.3859       
    dferretti@spilmanlaw.com     

    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com

    Kevin L. Carr       
    304.340.3877       
    kcarr@spilmanlaw.com   

    James A. Walls
    304.291.7947
    jwalls@spilmanlaw.com

    Primary Contacts:

    David P. Ferretti
    304.340.3859       
    dferretti@spilmanlaw.com     

    Heather Heiskell Jones
    304.340.3842
    hheiskell@spilmanlaw.com

    Kevin L. Carr       
    304.340.3877       
    kcarr@spilmanlaw.com   

    James A. Walls
    304.291.7947
    jwalls@spilmanlaw.com
     

    Team Roster:

    Kevin L. Carr David P. Ferretti Heather Heiskell Jones Joseph V. Schaeffer James A. Walls     University Reaches Final Settlement of High-Profile Construction Litigation Matter
    • Overview
    • Professionals
    • Results
    • Resources
    For clients operating in the insurance industry, Spilman Thomas & Battle offers the following services:
     

    Insurance Coverage & Bad Faith

    Most of the cases in which our firm directly represents insurers are either coverage disputes or bad faith lawsuits. These types of cases pose a substantial risk to insurers in West Virginia. Due to the existence of a private cause of action against insurers under the West Virginia Unfair Trade Practices Act, insurers face a unique challenge when litigating bad faith claims in our state.
     

    Insurance Defense

    The firm’s clientele includes large and small employers and businesses, manufacturers, distributors, contractors, professional firms, and individuals. Successfully defending cases requires knowledge of, and experience with, our state and federal court systems, judicial officers, and jury pools.
     

    Insurance Government Relations/ Regulatory

    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. 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.
    Jane L. Cline James S. Crockett Jr. Joseph A. (Jay) Ford Elba (Bo) Gillenwater Jr. Laura E. Hayes Heather Heiskell Jones Charity K. Lawrence Glen A. Murphy Don C. A. Parker Bryan G. Scott     Large Insurer Wins Motion to Dismiss Spilman Wins Important Appeal Regarding "Stacking" UIM Coverage Spilman Wins $3M Judgment for Insurance Client Plaintiff Dismisses Auto Insurance Provider Spilman Secures Complete Defense Verdict for Insurance Client Following a Six-Figure Demand Spilman Wins Defense Verdict for Insurance Client Spilman Wins Summary Judgment on All Claims Against Multi-State Bank Client
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019
     
    Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
    11/1/2018
     
    Shutting Another Door on Suing Insurance Companies in West Virginia
    11/20/2017
     
    First Party vs. Third Party – Who can sue for bad faith?
    12/30/2014
     
    Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases
    7/9/2014
     
    ACA Open Enrollment #1 in the Books
    4/3/2014
     
    A Full 180 -- The West Virginia Supreme Court of Appeals' New Position on Liability Insurance and De
    8/13/2013
     
    Court Decision Important to Future of Insurance Industry in W.Va.
    12/7/2011
     
    Spilman Helps Secure Important Ruling for BrickStreet
    12/7/2011
     
    10 Strategies Your Company Can Take to Help Avoid an Employment Lawsuit"
    12/31/1969
    • Overview
    • Professionals
    • Results
    • Resources
    While Marcellus and Utica shale operations are relatively new in the Mid-Atlantic region, Spilman's oil and gas attorneys have been at the forefront of representing producers, service companies and investors in the oil and natural gas industries for more than 30 years. Some of our lawyers have worked as executives within oil and gas companies and draw upon their extensive practical knowledge of the day-to-day functions of businesses within these industries in advising Spilman’s clients.

    We are licensed to practice in all areas of the Marcellus and Utica Shale plays, including in all Pennsylvania and West Virginia state and federal courts.

    Spilman Thomas & Battle serves the following types of clients in a wide range of oil and gas matters:
     
    • Exploration and production companies
    • Midstream companies
    • Trade associations
    • Pipeline operators
    • Storage and distributors
    • Drilling contractors
    • Service companies
    • Public utilities
    • Commercial lenders 


    Our Oil & Gas Legal Services

     

    Litigation

    Spilman attorneys have experience defending clients’ interests across a broad range of matters in the oil and gas industry, including:
     
    • Oil and gas drilling rights disputes
    • Fracking ban disputes
    • Royalty and bonus payment disputes
    • Joint venture and co-ownership disputes
    • Real property disputes
    • Lease challenges
    • Breach of contracts
    • Federal and state regulatory disputes
    • Fraudulent mispresentation
    • Hazardous Site Cleanup Act violations
    • Negligence and private nuisance claims
    • Temporary easements
    • Torts to land disputes
    • Condemnation

    Our recent experience includes:
     
    • Representing Texas-based gas producers and land companies in disputes over natural gas leases in Pennsylvania and West Virginia
    • Representing Marcellus and Utica Shale exploration and production companies in litigation in state and federal courts, including defending against claims for bonus and anniversary payments under oil and gas leases, defending declaratory judgment actions, and defending against claims attempting to repudiate leases 
    • Representing exploration and production companies in quiet title and curative actions in Pennsylvania
    • Representing and advising companies involved in exploration and production in the Marcellus and Utica Shale, including providing advice on issues including operations, joint ventures, top leases, preferential rights, bonus and anniversary payments, exercising lease options, and rights-of-way for pipelines   
     

    Finance, mergers and acquisitions

    Our attorneys understand the legal aspects of exploring for, producing, transporting, storing, marketing and processing natural gas petroleum products. In fact, one of our attorneys served as chief administrative and senior operations executive for a $100+ million Appalachian oil and gas production company.

    Some of our recent experience includes:
     
    • Representing a large Pennsylvania-based gas producer in its acquisition of Marcellus Shale drilling rights on 40,000 acres of land in Pennsylvania and West Virginia
    • Representing a West Virginia-based producer in its $100 million equity financing for the development of Marcellus Shale properties
    • Providing day-to-day legal advice to gas producers on matters ranging from drilling partnerships and joint ventures to gas marketing, leasing and other similar commercial arrangements
    • Representing and advising companies involved in exploration and development in the Marcellus and Utica Shale, including providing advice regarding lease documents and on issues such as the exercise of lease options and rights-of-way for pipelines  


    Environmental regulation

    Our firm counsels clients across all environmental law matters and regularly deals with the Environmental Protection Agency, the U.S. Department of Justice, Pennsylvania and West Virginia Departments of Environmental Protection and regional bodies such as SRBC. We are active with industry coalitions (Independent Oil and Gas Associations of Pennsylvania (IOGA), and the Pennsylvania Oil & Gas Association (POGAM)) with respect to regulatory developments.


    Real estate/land use

    Our real estate attorneys handle matters ranging from structuring large, multi-asset transactions for businesses to serving as counsel for multi-state transactions and managing local real estate matters for developers, lenders and individuals. Our capabilities include leasing, acquisition, land-use, real estate-related litigation, construction, and buying and selling natural resource companies and properties. We have significant experience with real estate throughout Pennsylvania and West Virginia.


    Public utility law

    Spilman's energy attorneys have extensive experience in representing and advising clients on matters related to state and federal regulation of utility industries, including natural gas, water and wastewater development and distribution. We are well-versed on the principles employed by public utility regulators on issues related to regulatory jurisdiction, standards of utility conduct, and the development and approval of utility rates. Our firm is well-placed to assist clients with a broad range of public utility matters, including navigation of regulatory rules and policies, formation of utility supply contracts, and general representation in regulatory commission proceedings. We have many years of experience representing clients before the Public Service Commission of West Virginia and the Pennsylvania Public Utility Commission.


    Labor and employment law

    Our firm’s Labor and Employment Practice Group, which is ranked nationally by U.S. News & World Report, consists of more than 25 lawyers and an extraordinary support staff. Whether it is counseling on complex issues, partnering to manage union relations, or defending employee claims and lawsuits, we have earned an exemplary reputation throughout the region. Our lawyers are well-versed in every specific federal, state and local employment law that affects the employment relationship.


    Intellectual property

    Spilman intellectual property attorneys assist our clients as they develop technologies specifically related to Marcellus Shale, Utica Shale and other natural gas exploration and production. Specifically, we provide the following capabilities to the Marcellus Shale industry:
     
    • Infringement matters involving patent, trademark, copyright and trade secret law
    • Preparation and prosecution of patent and trademark applications
    • Evaluation of invention disclosures and new/proposed trademarks
    • Trademark clearance and risk assessment
    • Unfair competition and false advertising issues
    • Commercial IP issues relating to employment matters, commercial agreements, product development, and sales and marketing
    • Technology licensing, joint development agreements and confidentiality/nondisclosure agreements

    Affiliations


    For more information about our shale gas practice, please contact:


    James A. Walls
    304.291.7947
    jwalls@spilmanlaw.com

     

    Primary Contact:

    James A. Walls
    304.291.7947
    jwalls@spilmanlaw.com
     

    Team Roster:

    Michael J. Basile Samuel M. Brock III Mark D. Clark Travis H. Eckley James D. Elliott Lee F. Feinberg David P. Ferretti Michael S. Garrison Lisa M. Hawrot Matthew P. Heiskell William M. Herlihy Eric W. Iskra Heather Heiskell Jones Neva G. Lusk Barry A. Naum Niall A. Paul Peter R. Rich Joseph V. Schaeffer Ronald W. Schuler Christina S. Terek Gerald M. Titus III James A. Walls Derrick Price Williamson     Oil & Gas Operating Unit No Longer in Jeopardy After WV Supreme Court Win Spilman Secures Important Ruling on Gas Pooling and Unitization for NPRIs
    Currents - Energy Industry Insights: Issue 40, 2019
    10/31/2019
     
    Currents - Energy Industry Insights: Issue 38, 2019
    10/17/2019
     
    Currents - Energy Industry Insights: Issue 37, 2019
    10/10/2019
     
    Currents - Energy Industry Insights: Issue 36, 2019
    10/3/2019
     
    Currents - Energy Industry Insights: Issue 35, 2019
    9/26/2019
     
    Currents - Energy Industry Insights: Issue 34, 2019
    9/19/2019
     
    Currents - Energy Industry Insights: Issue 33, 2019
    9/12/2019
     
    Currents - Energy Industry Insights: Issue 32, 2019
    8/29/2019
     
    Currents - Energy Industry Insights: Issue 31, 2019
    8/22/2019
     
    Currents - Energy Industry Insights: Issue 30, 2019
    8/15/2019
    • Overview
    • Professionals
    Very few areas of law have changed and grown as dramatically over the past decade as technology-related law. Our firm has continued to expand its practice in technology-related fields in order to assist businesses in addressing these issues.

    The attorneys practicing in this field are an interdisciplinary team with backgrounds in transactional work, business contracts, product liability, insurance issues, legislative representation and litigation. This practice group is experienced in representing clients in a broad range of work, including establishing new businesses, acquisitions, preparing vendor contracts, drafting and reviewing service or supply agreements, and litigating technology-related disputes.

    Our firm's depth and experience in the field of technology law have prepared and enabled us to serve the needs of our broad range of clients in these times of dramatic technological change.

    For more information regarding our technology practice, contact:


    Kevin L. Carr
    304.340.3877
    kcarr@spilmanlaw.com

    Primary Contact:

    Kevin L. Carr
    304.340.3877
    kcarr@spilmanlaw.com
     

    Team Roster:

    Kevin L. Carr Patrick R. Esposito II Ronald W. Schuler Michelle L. Varga Esposito
    • Overview
    • Professionals
    • Results
    • Resources
    Spilman's Utility, Energy & Communications Law Group provides litigation, regulatory compliance, and counseling in every energy and utility area, including electricity, natural gas, communications, cable television, water, wastewater and renewable energy. Our skilled team of utility and energy attorneys serve clients throughout the region from offices in Pennsylvania, West Virginia, North Carolina, and Virginia.

    Our team of attorneys and support staff has many years of litigation experience in the regulatory arena and beyond. We provide aggressive representation before state public service/utility commissions, arbitration panels, circuit courts, and state courts of appeal in Pennsylvania, West Virginia, North Carolina and Virginia, and federal trial and appellate courts, including the United States Supreme Court.

    Services provided by the Utility Law Practice Group include:
     
    • Representing industrial, manufacturing, institutional, and commercial end-users of electricity, natural gas and other utility services in regulatory litigation (including ratemaking, general investigation and rulemaking proceedings) before state public utility/service commissions and appellate courts
    • Providing legislative assistance and input related to federal and state energy laws and regulations on an as-needed basis for large end-user clients
    • Providing advice and counsel to individual large users in contract or service agreement negotiation and quality of service and contract disputes involving the utility providers of such services
    • Representing and counseling large users with respect to energy efficiency, demand-response, and on-site generation issues
    • Representing developers of generation projects, including on-site generation projects, large-scale renewable (wind) energy projects and natural gas-fired generation projects
    • Representing competitive providers of energy and communications services before state commissions, focusing on due diligence and regulatory compliance and, as necessary, litigation, including acquisitions, transfers of permits and complaint defense
    • Representing municipal and public service district clients in water and wastewater regulatory matters

    The goal of the Utility Law Practice Group is to assist our clients in anticipating and meeting their business needs as they are affected by utility services and regulation. We provide advice and counsel informed by the current regulatory landscape, and we offer our clients accurate and timely assessments of emerging national and state energy developments and trends. As necessary, we will vigorously represent our clients’ interests in litigation.

    To learn more about our Utility, Energy & Communications Law Practice Group, please contact:

     

    Derrick Price Williamson
    Co-Chair, Utility Law Group
    717.795.2741
    dwilliamson@spilmanlaw.com


    Lee F. Feinberg
    Co-Chair, Utility Law Group
    304.340.3831
    lfeinberg@spilmanlaw.com 

    Primary Contacts:

    Derrick Price Williamson
    Co-Chair, Utility Law Group
    717.795.2741
    dwilliamson@spilmanlaw.com

    Lee F. Feinberg
    Co-Chair, Utility Law Group
    304.340.3831
    lfeinberg@spilmanlaw.com 
     

    Team Roster:

    Stephanie U. Eaton Lee F. Feinberg Carrie H. Grundmann Brandon M. Hartman Alexander Macia Barry A. Naum Jason C. Pizatella Susan J. Riggs Grant P. H. Shuman Derrick Price Williamson     Large Electric Users Save Millions Annually with PSC Settlement Economic Progress Coming Soon to WV Natural Gas Industry
    Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers
    11/1/2019
     
    Currents - Energy Industry Insights: Issue 40, 2019
    10/31/2019
     
    Currents - Energy Industry Insights: Issue 37, 2019
    10/10/2019
     
    Currents - Energy Industry Insights: Issue 35, 2019
    9/26/2019
     
    Currents - Energy Industry Insights: Issue 22, 2019
    6/13/2019
     
    Currents - Energy Industry Insights: Issue 19, 2019
    5/16/2019
     
    Currents - Energy Industry Insights: Issue 7, 2019
    2/21/2019
     
    Currents - Energy Industry Insights: Issue 1, 2019
    1/10/2019
     
    Currents - Energy Industry Insights: Issue 43, 2018
    11/8/2018
     
    Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers
    11/1/2018