Top Litigation Law Firm: Civil and Commercial Litigation Attorneys

Servicesexpect

Alternative Dispute Resolution

Appellate Litigation

Asbestos Litigation

Compliance, Privacy & Investigations

Construction Law

Consumer Finance

Deliberate Intent Litigation

E-Discovery

Insurance Coverage & Bad Faith

Insurance Defense

Litigation

Battle Group-Litigation

Medical Monitoring

Product Liability Litigation

Toxic Tort Litigation

White Collar Criminal Defense & Compliance

Commercial Trucking & Transportation

expectEXPERIENCE

Alternative Dispute Resolution
Appellate Litigation
Asbestos Litigation
Battle Group-Litigation
Commercial Trucking & Transportation
Compliance, Privacy & Investigations
Construction Law
Consumer Finance
Deliberate Intent Litigation
E-Discovery
Insurance Coverage & Bad Faith
Insurance Defense
Litigation
Medical Monitoring
Product Liability Litigation
Toxic Tort Litigation
White Collar Criminal Defense & Compliance

Services | Litigation expect

EXPERIENCE

Overview
Professionals
Resources

Litigation and trials can be both costly and time-consuming for all parties involved, and experienced lawyers often advise their clients another means of resolving the dispute would be more beneficial. When an arbitration is required or both sides of a dispute decide to mediate, Spilman lawyers have the training and experience to assist.

An effective mediator can help attorneys and their clients avoid the costs and time of a lengthy trial. In some instances, an early mediation can obtain the desired resolution, minimizing the long and drawn-out litigation process.

Seasoned litigators for defendants and plaintiffs, Spilman attorneys have a deep understanding of the types of issues that arise during a dispute and the concerns of parties on both sides. As mediators, our attorneys help all parties get to the heart of a matter and find ways to come to a fair and equitable agreement.

Our experienced mediators assist in a wide variety of disputes, including those involving the following:

Breach of contract
Complex litigation
Construction
Consumer protection cases
Corporate dissolution
Deliberate intent
Employment (such as wage payment and collection, wrongful termination or discrimination)
Energy
Financial services
General commercial litigation
Insurance coverage and bad faith
Lending disputes
Personal injury
Professional liability
Real estate (including oil and gas)
Wills, estates & trusts
Workers’ compensation

Spilman can also provide a AAA-trained neutral to assist in construction arbitrations, as needed.

For more information on Spilman’s alternative dispute resolution practice, please contact:

Nicholas S. Preservati
304.720.3437
npreservati@spilmanlaw.com

Primary Contact:

Nicholas S. Preservati
304.720.3437
npreservati@spilmanlaw.com

Team Roster:

John F. Allevato H. Dill Battle III Mark D. Clark Kelly J. Kimble Clifford F. Kinney Jr. Gerald E. (Gee) Lofstead III Neva G. Lusk Don C. A. Parker Nicholas S. Preservati Edward W. Rugeley III Grant P. H. Shuman Ward D. (Jerry) Stone Jr.

09 WV Corp. Net Income Tax Returns & Instructions

5/4/2011

Overview
Professionals
Results
Resources

With former law clerks as Members of the firm, our Appellate Attorneys understands how appellate judges work and think — giving our clients a distinct advantage. We represent clients in the West Virginia Supreme Court of Appeals, in the Pennsylvania and West Virginia Supreme Court and in many of the United States Courts of Appeals — the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and the District of Columbia Circuits.

Our experience covers a wide variety of litigation issues, such as:

Consumer Protection
Toxic Tort
Commercial Litigation
Employment
Coal
Environmental
Governmental Matters
Tax
ERISA
Health Care Issues
Injunctions
Construction
Labor

Spilman’s approach to appellate litigation helps our clients make intelligent business decisions regarding the efficacy of an appeal: an evaluation of the impact of an adverse decision and the probabilities of success of an appeal. Next, we do the hard work: identify the primary issue for appeal, anticipate the judges’ questions and prepare to answer by a thorough knowledge of the record below.

We advise clients about the propensities of a panel or court. We routinely “shadow” trials in order to prepare to take an appeal.

Spilman appellate attorneys are also familiar with federal mediation programs involving appeals. Our lawyers’ reputations are enhanced by attendance at The Fourth Circuit Judicial Conference.

The goal is to help our clients achieve the best possible outcome. It is with this dedication that we put our best to work for you

For more information regarding our Appellate Litigation Practice Group, contact:

Don C.A. Parker
304.340.3896
dparker@spilmanlaw.com

Primary Contacts:

Don C.A. Parker
304.340.3896
dparker@spilmanlaw.com

Team Roster:

Michael J. Basile Samuel M. Brock III James S. Crockett Jr. Paula L. Durst Lee F. Feinberg Michael S. Garrison Matthew P. Heiskell Eric W. Iskra Heather Heiskell Jones Eric E. Kinder Travis A. Knobbe Neva G. Lusk Don C. A. Parker Niall A. Paul Edward W. Rugeley III Ronald W. Schuler Grant P. H. Shuman James A. Walls Karin L. Weingart Charles L. Woody Huge Victory for Energy Industry WV Supreme Court Affirms Dismissal of Collateral Attack on Foreign Judgment Natural Resource Land Holding Co. Wins Property Tax Appeal Important WV Supreme Court of Appeals Decision Affirms Law on Taxation & Leasehold Interests University Prevails in Appeal Before WV Supreme Court & Upholds Class Action Waiver Spilman Wins Important Appeal Regarding "Stacking" UIM Coverage

WV Supreme Court of Appeals Decision Affirms Law on Taxation and Leasehold Interests

11/27/2018

Economic Progress Coming Soon to the West Virginia Natural Gas Industry - WVSCA Affirms Siting Certi

11/5/2018

UPDATE: West Virginia Supreme Court Impeachments - Latest Developments

8/14/2018

West Virginia Supreme Court Impeachments - Latest Developments and Update

8/10/2018

Spilman Further Strengthens Litigation Capabilities

10/9/2017

Spilman Helps Secure Important Ruling for United Hospital Center

3/27/2014

DRI Advocates for Improvements to the Civil Rules

2/18/2013

Overview
Professionals
Resources

The firm represents former manufacturers of asbestos-containing products in product liability actions and entities sued for premises liability. Our asbestos litigation experience includes state and federal courts and federal multi-district litigation. We have been engaged in this practice for more than 20 years.

Few jurisdictions in the country are as active in asbestos litigation as West Virginia. Plaintiffs have pursued cases in various formats, including single and multiple-plaintiff actions on the issues of liability and damages, and “mass” plaintiff (consolidated cases) in which issues of liability and damages are bifurcated for trial. To remain at the forefront of the litigation, the firm frequently serves as liaison counsel for the defendants in mass consolidation cases. To facilitate our role as liaison counsel, the firm maintains a library of depositions and summaries, which allows attorneys and paralegals to access pertinent information for case assessment.

In addition, we have established secure computer links to ensure complete and consistent communication with our clients. Our efforts to streamline the asbestos defense practice and serve as liaison counsel has resulted in a proficient, well-trusted and efficient defense team.

The firm’s commitment to asbestos defense litigation has resulted in:

Diverse experience in representing traditional and non-traditional defendants in product liability claims
Efficient handling of files from filing of the complaint to resolution of the claim
The establishment of detailed libraries designed to focus on specific product groups
Autonomy in discovery matters
Proficiency and efficiency in conducting discovery and evidentiary depositions
The organization of expert witness databases
Experience in state court removal practice
Flexibility to provide immediate attention to our clients’ needs
The trust and respect of the court, our fellow defense counsel, and plaintiffs’ counsel
Successful resolution of mass consolidation claims

In short, Spilman provides comprehensive, highly proficient representation of clients in asbestos products liability and premises liability.

For more information regarding our Asbestos Litigation Practice Group, contact:

Edward W. Rugeley, III
304.340.3881
erugeley@spilmanlaw.com

Primary Contact:

Edward W. Rugeley, III
304.340.3881
erugeley@spilmanlaw.com

Team Roster:

Andrew P. Arbogast Paula L. Durst Tai Shadrick Kluemper Charity K. Lawrence Bryan S. Neft Edward W. Rugeley III James E. Simon Christina S. Terek

Spilman Significantly Bolsters Litigation Capabilities

8/30/2017

Overview
Professionals
Results
Resources

In an era of the vanishing jury trial, litigants are too often left without the services of a skilled trial lawyer when they find themselves in the courtroom. Because of this, opposing parties have been able to leverage that inexperience into record settlement values or jury verdicts.

Spilman’s Litigation Department recognized a growing trend – clients were turning to us more and more to represent them in matters where the opponent felt they had all the leverage. Plaintiffs were looking for favorable jurisdictions and willing to try cases both in the press and the courtroom. As a result, we were handling more and more high-risk, complex litigation cases. Plaintiffs' demands meant reasonable settlements would be hard to reach and everyone had to prepare for trial.

Our litigation strike force, The Battle Group, was created for the express purpose of handling these cases that brought the media spotlight as well as a likely trial in the future. The Battle Group approach is to create efficient teams of focused and experienced professionals, including civil and criminal trial lawyers, public advocacy professionals, government relations and regulatory compliance professionals, and an array of others, to attack a case while providing extraordinary value. These teams advise clients on civil and criminal litigation and trial strategy, market impact, media relations, and relevant governmental and regulatory processes--every related area of consequence to the business. Our team coordinates across an array of disciplines to help deliver innovative solutions to bet-the-company risks. For more information on these disciplines, including primary contacts, click here.

We put balance back into the legal process by providing our clients with the advantages of seasoned trial lawyers. Historically, Spilman has averaged 10 trials a year. The Battle Group’s leading trial attorneys aim to go to trial or otherwise achieve business and legal victory--however the individual client defines it. Our lawyers are not only capable, but willing to share the risks of a jury trial. Due to our vast experience in trial and with discovery in intense cases, The Battle Group is able to explore alternative and creative fee arrangements with clients, including flat fees, value-based fees and reverse contingency fees.

Because of our regional footprint, The Battle Group has often been asked to participate in cutting-edge cases in many areas of the law. As a result, our attorneys and staff have been instrumental in developing e-discovery standards in various jurisdictions. We have an established, dedicated team of legal and information technology professionals that allows us to efficiently assist with all aspects of discovery, including electronic discovery demands.

With our rare combination of experienced trial lawyers, litigation and discovery managers, and a controlled rate structure, plus our unique multi-disciplinary team approach, The Battle Group delivers best-in-class litigation services.

For more information regarding The Battle Group, contact:

Niall A. Paul
304.340.3874
npaul@spilmanlaw.com

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

Primary Contacts:

Niall A. Paul
304.340.3874
npaul@spilmanlaw.com

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

Team Roster:

Sandra D. Burch James S. Crockett Jr. Paula L. Durst Stephanie U. Eaton Matthew P. Heiskell Eric W. Iskra Heather Heiskell Jones Clifford F. Kinney Jr. Neva G. Lusk Alexander Macia Bryan S. Neft Jeffrey D. Patton Niall A. Paul James A. Walls Coal Mining Disaster Case Settled During Trial Favorable Verdict Secured for Client Secured Jury Trial Defense Verdicts for Energy Companies Secured Jury Trial Defense Verdicts for International Banks Class Action Dismissed with Prejudice International Energy Company Prevails Against Challenge of Hydraulic Fracturing National Check Guarantee Company Defeats Statewide Injunction Secured Summary Judgment in Proposed 10,000-Member Class Action Client Saves Millions with Spilman Retaliation Claim Against Global Chemical Companies Dismissed with Prejudice

Litigation and COVID-19: How to Protect Your Business in This Time of Crisis

3/27/2020

3/24/2020

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

Spilman Ranked First Tier in 30 Areas of Law by U.S. News – Best Lawyers

11/1/2016

Spilman Ranked First Tier in 24 Areas of Law by U.S. News – Best Lawyers

11/3/2014

Spilman Adds Depth to Litigation Services

9/16/2014

Spilman Attorney Atkinson Inducted Into Litigation Counsel of America

11/6/2013

Spilman Ranked First Tier in 27 Areas of Law by U.S. News – Best Lawyers

11/1/2013

Spilman Attorneys Recognized by N.C. Super Lawyers®

1/18/2013

Overview
Professionals

Accident Investigation and Pre-Suit Representation

Companies operating commercial fleets, and their insurers, demand experienced legal assistance in the event of a catastrophic accident. Spilman's attorneys have the knowledge to mobilize a quick response team composed of industry-leading litigators to respond to any accident, large or small, at a moment's notice. These individuals have decades of combined experience ensuring driver compliance with post-accident regulatory requirements, accident investigation/reconstruction, and evidence preservation, including the preservation of various forms of electronic data. This experience ensures an accurate analysis of potential liability and places Spilman's clients in the best position possible in the event of future litigation. Spilman also has a strong team of former state prosecutors, former federal prosecutors, and former law enforcement officers prepared to protect its clients and their employees and agents in the event of possible criminal liability associated with an accident.

Litigation Defense

Spilman's team of skilled litigators have defended a variety of trucking and transportation litigation, including catastrophic accident cases involving serious injury/wrongful death and significant property damage, commercial business-to-business disputes, freight and property claims, and regulatory compliance issues. In the event of possible criminal liability, Spilman has a number of former state prosecutors, former federal prosecutors, and former law enforcement officers ready to immediately assist and defend its trucking and transportation clients. Spilman's trucking and transportation litigation team is composed of seasoned trial lawyers who aggressively defend their trucking and transportation industry clients throughout the entire litigation process, including both alternative dispute resolution and trial. Spilman's team is available to assist their trucking and transportation clients, and their insurers, in litigation in both state and federal courts throughout the Mid-Atlantic and South, thereby providing its clients with continuity of representation throughout the multiple states in which they may operate.

Internal Investigations

Spilman's Commercial Trucking & Transportation Law Group also includes attorneys experienced with conducting internal investigations. These investigations include ensuring compliance with Federal Motor Carrier Safety Regulations, EPA emissions compliance, and state and federal employment and labor compliance. In the event of suspected criminal activity, Spilman's team of former state prosecutors, former federal prosecutors, and former law enforcement officers are prepared to respond, give guidance, and address any potential criminal liability that may be discovered as the result of an internal investigation.

Labor and Employment

Spilman's labor and employment team is experienced in the labor and employment issues unique to the trucking and transportation industry, including wage and hour, drug testing requirements, contractor or Professional Employer Organization (PEO) issues, safety programs, and more. Our lawyers regularly audit clients' employment policies and practices and provide advice and guidance on the same. Additionally, Spilman's labor and employment representations are not limited to its clients' drivers, but also extend to assist all of Spilman's trucking and transportation clients in relation to all of their employees, including loaders, dispatchers, mechanics, and back office support staff.

For more information on our Commercial Trucking & Transportation Law practice, contact:

Gerald M. Titus III
304.340.3846
gtitus@spilmanlaw.com

Matthew W. Georgitis
336.727.7642
mgeorgitis@spilmanlaw.com

Primary Contacts:

Gerald M. Titus III
304.340.3846
gtitus@spilmanlaw.com

Matthew W. Georgitis
336.727.7642
mgeorgitis@spilmanlaw.com

Team Roster:

Stephanie U. Eaton Matthew W. Georgitis Gerald E. (Gee) Lofstead III Mitchell J. Rhein Gerald M. Titus III Alexander L. Turner

Overview
Professionals
Resources

Government investigations and data security breaches can cause major disruptions to a business’s operations. How that business responds when regulators initiate an investigation or go onsite can mean the difference between a short distraction and a lengthy law-enforcement inquiry. Data security incidents can result in major reputational and economic costs, even more so without plans for prevention and mitigation in place.

In the wake of the Dodd-Frank Wall Street Reform Act and the myriad other federal and state regulations placed upon businesses, corporations must respond quickly and proactively to any complaints or irregularities. The proactive steps a business takes to comply with the growing array of federal and state laws and regulations, as well as how it prepares for a government investigation, can significantly alter the scope and depth of any inquiry. Ensuring that your business procedures comply with current rules and regulations can reduce the risk of government inquiries in the first place.

Spilman provides full-spectrum regulatory and compliance advice to our clients. Our team provides comprehensive reports to assist officers and directors in making important business decisions. We help you develop and implement plans and practices to avoid problems from arising. In the event a problem does arise, we efficiently and discreetly assist clients with all manner of investigations.

Our response teams help companies protect their interests while still cooperating and assisting with government inquiries. We understand the priorities of investigators, and we know how to interact with them during examinations and reviews. We can help manage public relations and control your company’s priceless reputation in the midst of the investigatory storm.

Clients call on Spilman for guidance and assistance with:

Data breach and cybersecurity issues and response
Regulatory enforcement and compliance
Environmental investigations and inquiries
False Claims Act/government procurement
Employee and whistleblower investigations
Privacy policy development and questions
Consumer protection investigation and inquiries
Corporate governance
Due diligence in mergers and acquisitions
Civil litigation and trials

We also assist clients dealing with allegations of:

Accounting and financial fraud, including securities, tax, and bank fraud
Campaign finance improprieties and political corruption
Criminal violations, including white-collar crime
Economic sanctions violations
Foreign Corrupt Practices Act (“FCPA”) violations
Fraudulent business practices
Health care fraud, finance, and investigations
Insurance fraud and compliance
Insider trading
Money laundering

Our team includes attorneys with a wide range of experience, including as in-house general counsel, leadership roles in departments of state government, and as state and federal prosecutors.

Examples of recent engagements and experience include:

Representing and advising institution of higher education regarding theft of personally identifiable information, including coordination with law enforcement, notification obligations, and breach mitigation
Advising health care system on its data security and privacy policies and preparation of an incident response plan
Preparing customer-facing and vendor-facing agreements for financial institutions and advising on regulatory inquiries and response
Conducting investigation of high-level former employee theft of funds and property, including coordinating with law enforcement and pursuing insurance coverage
Regularly advising health care practices on privacy laws, best practices, security requirements, and encryption rules throughout the United States
Representing physician group in government investigation of Medicare payments, False Claims Act, and STARK law claims
Advising major financial institutions on attorney general and state regulatory investigations concerning various customer practices, including coordination with parallel civil litigation

When your business faces a government investigation or cybersecurity threat, our firm’s diverse resources allow us to custom-tailor a critical response team to meet your immediate onsite needs. Spilman’s top priority in such situations is solving your problems with exceptional service at an excellent value.

For more information regarding our compliance, privacy & investigations practice contact:

Gerald M. Titus, III
304.340.3846
gtitus@spilmanlaw.com

Primary Contact:

Gerald M. Titus, III
304.340.3846
gtitus@spilmanlaw.com

Team Roster:

Debra Lee Allen Hon. Tom Corbett Michael S. Garrison Matthew P. Heiskell Bruce M. Jacobs Neva G. Lusk Alexander Macia Nicholas P. Mooney II Jeffrey D. Patton Nicholas S. Preservati Dennise R. Smith Gerald M. Titus III James A. Walls

Pa. Gov. Tom Corbett Joins Spilman Law Firm

2/2/2018

Fourth Circuit Upholds Coverage Under CGL Policy for Data Breach Claims

4/26/2016

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:

Julian E. Neiser
412.325.1116
jneiser@spilmanlaw.com

Stephanie U. Eaton
336.631.1062
seaton@spilmanlaw.com

Primary Contacts:

Julian E. Neiser
412.325.1116
jneiser@spilmanlaw.com

Stephanie U. Eaton
336.631.1062
seaton@spilmanlaw.com

Team Roster:

Carl H. Cather III James S. Crockett Jr. F. B. Webster Day Lee D. Denton Stephanie U. Eaton Travis H. Eckley Matthew W. Georgitis Elba (Bo) Gillenwater Jr. Clifford F. Kinney Jr. Travis A. Knobbe Gerald E. (Gee) Lofstead III M. Mallory Mantiply Glen A. Murphy Julian E. Neiser 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

The Effect of Our Changing Climate on Building Design

2/25/2021

The Site Report - Construction Law Insights: Issue 1, 2020

9/8/2020

COVID-19 and Construction Industry Insights

3/17/2020

COVID-19 and Construction Industry Insights

3/17/2020

Be Proactive, Not Reactive: Using Experts to Navigate the Minefields of Construction-Related Litigat

2/26/2020

Spilman Adds to North Carolina Litigation Team

1/30/2020

Spilman Attorneys Named to 2020 NC Legal Elite List

1/7/2020

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

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

Primary Contact:

Bruce M. Jacobs
304.340.3863
bjacobs@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 Neva G. Lusk Alexander Macia Nicholas P. Mooney II Jeffrey D. Patton Nicholas S. Preservati Kellen M. Shearin Lori D. Thompson Gerald M. Titus III Summary Judgment Granted in Class Action Against Spilman Client Consumer Finance Matter Settled for 1/5 of Demand WV Supreme Court Affirms Dismissal of Collateral Attack on Foreign Judgment Spilman Gets Summary Judgment in One of the First Reverse Mortgage Cases in WV Spilman Appellate Win Important for Defense Against Future WVCCPA Claims

“Just Send a Venmo!”…To a Collection Agency?

2/23/2021

All Consuming - Financial Litigation Insights, Volume 2, Issue 4

2/23/2021

All Consuming - Financial Litigation Insights, Volume 2, Issue 3

2/9/2021

When Davids on Social Media Topple the Goliath of Wall Street

1/28/2021

All Consuming - Financial Litigation Insights, Volume 2, Issue 2

1/26/2021

All is Not Lost: Mitigating the Risk of Loss of a Delinquent Collateral Asset in the Era of Autonomo

1/12/2021

All Consuming - Financial Litigation Insights, Volume 2, Issue 1

1/12/2021

Fourth Circuit Rules Debt Collection Provisions of West Virginia's Consumer Protection Statute Do N

1/4/2021

All Consuming - Financial Litigation Insights: Issue 11, 2020

12/9/2020

COVID-19, the CARES Act and the Impact on Mortgage Forbearance

11/18/2020

Overview
Professionals
Results
Resources

In addition to filing a workers’ compensation claim for a workplace injury in West Virginia, an employee can file a lawsuit against his or her employer by claiming the injury was caused by the employer’s “deliberate intent” to expose employees to unsafe conditions. Such lawsuits can be a source of concern for employers, but Spilman Thomas & Battle’s experienced trial lawyers strive to obtain favorable outcomes for clients in deliberate intent cases.

Drawing upon broad experience and litigation prowess, Spilman deliberate intent lawyers have achieved favorable outcomes for clients, including dismissal of claim, summary judgment, settlement, verdict for the defense and victory on appeal.

Spilman attorneys provide a comprehensive range of deliberate intent services, including simple litigation, complex litigation, class actions, representation before the West Virginia Mass Litigation Panel, mediation services, review of claims and consulting services.

Spilman’s deliberate intent lawyers possess valuable experience, spanning a broad range of industries and clients. In recent years, we have defended:

Steel mills
Metal foundries
Machine shops
Manufacturers
Trucking companies
General contractors
Insurers
Small business owners
Mine operators

We have handled deliberate intent matters for these clients in a wide range of venues, including federal courts, state courts, appellate courts, and before administrative and regulatory bodies.

For more information on our deliberate intent services, contact:

Alexander Macia
304.340.3835
amacia@spilmanlaw.com

Primary Contact:

Alexander Macia
304.340.3835
amacia@spilmanlaw.com

Team Roster:

Andrew P. Arbogast H. Dill Battle III Samuel M. Brock III James S. Crockett Jr. Paula L. Durst Joseph A. (Jay) Ford Mark E. Heath Matthew P. Heiskell Bruce M. Jacobs Heather Heiskell Jones Neva G. Lusk Alexander Macia Niall A. Paul Edward W. Rugeley III Dennise R. Smith John R. Teare Jr. Christina S. Terek Gerald M. Titus III Ellen J. Vance James A. Walls Spilman Negotiates Settlement of Complex Deliberate Intent & Workers' Comp Matters

West Virginia Legislature May Put the "Deliberate" Back In Deliberate Intent Claims

1/23/2015

The Construct: First Quarter 2014

3/14/2014

Overview
Professionals
Resources

Spilman's clientele may range from small businesses to local governments to multi-national corporations, but most of our clients have one thing in common – they are operating and seeking to thrive in a business environment that is becoming increasingly reliant on digital communications and the electronic maintenance of business records. In fact, one would be hard-pressed to identify a recent business transaction that did not involve some electronic component, whether it entailed the electronic transfer of funds, the use of a word processor to prepare a contract or electronically-maintained logs of consumer complaints.

Recognizing both the overwhelming risks that come with the mismanagement of electronically-stored information and the opportunities that exist for those who have a sophisticated understanding of the same, Spilman attorneys have devoted an increasing amount of attention to the developing area of e-discovery. Specifically, our clients can expect Spilman litigators to:

Advise clients on data preservation obligations and provide tailored, proportionate and defensible preservation processes
Conduct an early data assessment that provides insight into the relevant facts, witnesses and appropriate strategy for a case
Coordinate and implement a defensible plan for the collection, processing, review and production of electronically-stored information
Secure the production of opposing parties' electronically-stored information in a usable format that will allow for the authentication of collected data

Although Spilman's entire litigation department is versed in the risks and opportunities presented by e-discovery, a number of Spilman litigators continually focus significant time and energy to this rapidly-developing area of law and to shaping related policy at the state and federal levels. Thus, we formed the E-Discovery Practice Group to concentrate the efforts of these like-minded attorneys in the pursuit of delivering excellent service when it comes to electronic discovery and related matters.

For more information regarding our e-discovery practice, contact:

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Primary Contact:

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Team Roster:

Sandra D. Burch James D. Elliott Heather Heiskell Jones Neva G. Lusk Leah Byrne McAllister Anthony D. Mullins Julian E. Neiser Joseph V. Schaeffer

ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globaliz

5/3/2013

Overview
Professionals
Results
Resources

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. Likewise, West Virginia law contains a number of pitfalls for an insurer choosing to litigate a coverage dispute in our state. We are dedicated to guiding insurers through this maze of potential liability to achieve the best result possible.

Our direct representation of insurers has included coverage and bad faith litigation involving the following lines of coverage:

Marine insurance
Governmental and municipal entities liability coverage
Contractors' general commercial liability coverage
Automobile insurance
Pharmaceutical liability
Commercial transportation
Employment practices liability
Health care practice liability
Child care liability
Major medical health insurance
Utility liability
Asbestos exposure liability

Successfully defending cases in West Virginia requires knowledge of, and experience with, our state and federal court systems, judicial officers and jury pools.

For more information about our Insurance Coverage & Bad Faith Practice Group, contact:

Don C. A. Parker
304.340.3896
dparker@spilmanlaw.com

Laura E. Hayes
304.340.3886
lhayes@spilmanlaw.com

Primary Contacts:

Don C. A. Parker
304.340.3896
dparker@spilmanlaw.com

Laura E. Hayes
304.340.3886
lhayes@spilmanlaw.com

Team Roster:

Laura E. Hayes Heather Heiskell Jones Charity K. Lawrence Glen A. Murphy Julian E. Neiser Don C. A. Parker Insurance Co. Wins Summary Judgment Against Lawyer Insurance Company Awarded Summary Judgment in Coverage Dispute Spilman Wins Important Appeal Regarding "Stacking" UIM Coverage

COVID-19 Business Interruption Insurance Claims: A Practical Perspective

5/15/2020

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

Insuring Your Growing Assets in the Appalachian Shale Plays

11/29/2012

West Virginia Insurance Litigation

12/31/1969

Overview
Professionals
Results
Resources

The firm’s clientele includes large and small employers and businesses, manufacturers, distributors, contractors, professional firms, and individuals.

Some of the areas in which we have defended insureds are:

Employer liability in "deliberate intent" cases
Wrongful death and catastrophic injury claims
Product liability
Medical monitoring cases
Premises liability
Toxic tort
Commercial disputes, including tortious interference with a business relationship, breach of contract and antitrust
Directors' and officers' liability
Employer practices liability, discrimination and other claims
Environmental liability
Liquor liability
Automobile accidents, personal and commercial

Some of the areas in which the firm has defended insurers are:

Bad faith, violation of the Unfair Trade Practices Act and extracontractual liability
Coverage disputes
Breach of contract and negligence
Amicus briefs at the West Virginia Supreme Court of Appeals

Successfully defending cases requires knowledge of, and experience with, our state and federal court systems, judicial officers, and jury pools.

For more information about our insurance defense practice, contact:

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

Primary Contact:

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

Team Roster:

James S. Crockett Jr. Joseph A. (Jay) Ford Elba (Bo) Gillenwater Jr. F. Richard Hall Laura E. Hayes Heather Heiskell Jones Gerald E. (Gee) Lofstead III Insurance Co. Wins Summary Judgment Against Lawyer Large Insurer Wins Motion to Dismiss National Insurance Carrier Wins Motion to Dismiss Life Insurance Company Wins Summary Judgment Spilman Wins Important Appeal Regarding "Stacking" UIM Coverage Spilman Secures Complete Defense Verdict for Insurance Client Following a Six-Figure Demand

COVID-19 Business Interruption Insurance Claims: A Practical Perspective

5/15/2020

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

West Virginia Insurance Litigation

12/31/1969

Overview
Professionals
Results
Resources

Spilman Thomas & Battle’s attorneys are skilled in litigation and trial work. From offices in West Virginia, Virginia, North Carolina and Pennsylvania, we strive to solve problems in ways that meet our clients’ individual needs. The firm strongly encourages early case assessment to identify and quantify the risks of trial compared to the potential for an early, cost-effective resolution in litigation matters. Using early case assessment, the firm works closely with the client to identify goals and determine how each individual matter should be handled and resolved.

Whether the case is simple or complex, the firm’s philosophy is to manage corporate litigation as efficiently and effectively as possible, using attorneys with the best experience in practice areas that best fit each case. We also involve paralegals and support staff to help minimize the cost to our clients. Because we routinely handle a wide variety of complex cases, our litigation support, computer and technology systems are designed to maximize efficiency.

The firm has successfully tried numerous cases to verdict in various jurisdictions and legal forums, including cases in virtually every substantive area of the law, including antitrust, appellate, asbestos, banking, bankruptcy, commercial and business litigation, condemnation, construction, creditors’ rights and foreclosures, environmental, federal black lung, health care, insurance, intellectual property, labor and employment, medical monitoring, personal injury, product liability, Public Service Commission, real estate, shareholder and partnership disputes, tobacco, toxic tort, white collar crime, and workers’ compensation.

Our clients represent a broad range of industries, such as chemical, coal, banking, insurance, utilities, health care, behavioral health and nursing, casinos and gaming, construction, temporary labor services, product manufacturing, including medical device and pharmaceutical, and housing, among others.

For more information about our litigation practice, contact:

Andrew P. Arbogast
304.340.3869
aarbogast@spilmanlaw.com

Stephanie U. Eaton
336.631.1062
seaton@spilmanlaw.com

Julian E. Neiser
412.325.1116
jneiser@spilmanlaw.com

Primary Contacts:

Andrew P. Arbogast
304.340.3869
aarbogast@spilmanlaw.com

Stephanie U. Eaton
336.631.1062
seaton@spilmanlaw.com

Julian E. Neiser
412.325.1116
jneiser@spilmanlaw.com

Team Roster:

Rayford K. (Trip) Adams III Debra Lee Allen Andrew P. Arbogast H. Dill Battle III Angela L. Beblo Samuel M. Brock III Kevin L. Carr Lee D. Denton Paula L. Durst Stephanie U. Eaton Sally E. Edison James D. Elliott Lee F. Feinberg Mark A. Fiorilli Joseph A. (Jay) Ford Michael S. Garrison Heather M. Garrison Matthew W. Georgitis Elba (Bo) Gillenwater Jr. Christopher M. Green Carrie H. Grundmann F. Richard Hall Lisa M. Hawrot Laura E. Hayes Mark E. Heath Matthew P. Heiskell Eric W. Iskra Bruce M. Jacobs Heather Heiskell Jones Risa S. Katz-Albert Kelly J. Kimble Eric E. Kinder Clifford F. Kinney Jr. Tai Shadrick Kluemper Travis A. Knobbe Sarah E. Kowalkowski Charity K. Lawrence Gerald E. (Gee) Lofstead III Neva G. Lusk Alexander Macia M. Mallory Mantiply Leah Byrne McAllister Dennis J. McGlaughlin II Nicholas P. Mooney II Anthony D. Mullins Glen A. Murphy Barry A. Naum Bryan S. Neft Julian E. Neiser Don C. A. Parker Jeffrey D. Patton Niall A. Paul Nicholas S. Preservati Mitchell J. Rhein Peter R. Rich Susan J. Riggs Edward W. Rugeley III Joseph V. Schaeffer Jordan A. Sengewalt Kellen M. Shearin Grant P. H. Shuman Wesley A. Shumway James E. Simon Dennise R. Smith John R. Teare Jr. Christina S. Terek Lori D. Thompson Gerald M. Titus III Alexander L. Turner Ellen J. Vance James A. Walls James C. Walls III Karin L. Weingart Ryan W. Weld Derrick Price Williamson Charles L. Woody David L. Yaussy Race & Disability Discrimination Lawsuit Dismissed Whistleblower Lawsuit Dismissed with Prejudice WV Supreme Court Affirms Dismissal of Collateral Attack on Foreign Judgment Employer Secures Dismissal with Prejudice in Wrongful Discharge Matter Home Improvement Chain Wins Summary Judgment in Discrimination & Retaliation Claim Client Gets Defense Verdict in Auto Accident Matter Global Chemical Company Wins Gender Discrimination Summary Judgment Important WV Supreme Court of Appeals Decision Affirms Law on Taxation & Leasehold Interests Hospital Dismissed Without Prejudice Wrongful Discharge Matter Dismissed with Prejudice

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 4

2/22/2021

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 3

2/8/2021

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 2

1/25/2021

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 1

1/11/2021

Unprecedented: Litigation Insights - Issue 36, 2020

12/21/2020

Unprecedented: Litigation Insights - Issue 35, 2020

12/14/2020

Unprecedented: Litigation Insights - Issue 34, 2020

12/7/2020

Unprecedented: Litigation Insights - Issue 33, 2020

11/23/2020

Unprecedented: Litigation Insights - Issue 32, 2020

11/16/2020

Unprecedented: Litigation Insights: Issue 31, 2020

11/9/2020

Overview
Professionals
Resources

For more than 25 years, medical monitoring cases have been filed in West Virginia on behalf of healthy individuals seeking significant monetary damages for medical testing for diseases that may or may not manifest in the future. These cases are costly to defend, typically litigated over many years, and have extreme exposure for companies that become defendants.

A medical monitoring claim is one where a plaintiff (or a group of plaintiffs) alleges exposure to a hazardous substance at levels above those to which the general population is exposed. The claim further alleges that the exposure was due to the bad acts of the defendant and that such exposure places the plaintiff(s) at risk of contracting a disease or diseases in the future. The claim seeks monies to pay for medical monitoring for early detection of such diseases. The costs of such medical monitoring procedures can be significant.

Spilman attorneys have defended a variety of highly complex medical monitoring claims, including many class actions, for companies in high-stakes litigation. Medical monitoring cases can involve product liability; mining and other industrial sites; hydraulic fracturing; chemicals and substances used in the workplace; contamination to groundwater, drinking water or air; chemical exposure; or drugs and pharmaceuticals, among other targets.

Medical monitoring litigation typically involves experts in a wide variety of fields (e.g. toxicologists, hydrologists, geologists, epidemiologists, chemists, industrial hygienists, human factors and warnings specialists, or medical specialists, such as neurologists, neuropsychologists, oncologists, and reproductive specialists, among others). Spilman attorneys have deep experience in dealing with highly technical and scientific issues that come with involving these types of experts. We work effectively with them to convert complicated science into understandable facts for our clients, the judge and the jury.

Many states, particularly West Virginia, have seen an increase in mass tort claims in the past decade. Accordingly, the West Virginia Supreme Court of Appeals created a separate judicial process, known as the Mass Litigation Panel (“MLP”), for handling mass litigation. The MLP process in West Virginia is unique and navigating its rules and procedures requires knowledge and experience that Spilman attorneys possess.

To manage the defense of medical monitoring cases, mass tort litigation and class actions, and to control client costs, we use the Early Case Assessment (“ECA”) 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.

For more information regarding our medical monitoring practice, please contact:

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

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

Primary Contacts:

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

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

Team Roster:

Andrew P. Arbogast Heather Heiskell Jones Clifford F. Kinney Jr. Charity K. Lawrence Neva G. Lusk Niall A. Paul

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2019

9/30/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

6/28/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 1, 2019

4/2/2019

Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers

11/1/2018

Overview
Professionals
Resources

Multi-million dollar verdicts and continual efforts to stop tort reform in the state legislature have made the product liability area an ever-increasing risk to manufacturers, distributors and sellers of products. Spilman has represented clients in both state and federal courts, defending products such as motorcycles, pharmaceuticals, guns, medical devices, breast implants, infant mattresses, uterine monitors, construction equipment, and a variety of industrial and consumer products.

In addition, we have one of the largest asbestos defense practices in West Virginia and have successfully taken several consolidated matters to trial. The firm’s extensive litigation and trial work has resulted in an experienced team of litigators respected by both the plaintiffs’ bar and the courts.

In an era where citizens are quick to file lawsuits, the firm takes active steps to protect its clients’ interests by championing efforts for tort reform. We have lobbied for the enactment of legislation to slow the proliferation of civil actions filed in our state courts and to place reasonable limits on damages.

In addition, our presence during the legislative session enables us to remain abreast of legislative issues, which, combined with our litigation experience, allows us to provide truly comprehensive service to our clients.

Our typical litigation team includes one or more members and one or more associates, as well as paralegals and other staff. Because our litigation teams are usually involved from the filing of the lawsuit to its resolution, the firm provides the highest quality of work in the most cost-effective manner.

Whether it is aggressively providing a defense to a product liability lawsuit or advocating progress through tort reform in the legislature, Spilman Thomas & Battle offers comprehensive legal representation of clients in the field of product liability.

For more information about our product liability defense practice, contact:

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

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

Primary Contacts:

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

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

Team Roster:

Andrew P. Arbogast James S. Crockett Jr. Paula L. Durst Stephanie U. Eaton Mark A. Fiorilli Joseph A. (Jay) Ford Heather Heiskell Jones Clifford F. Kinney Jr. Tai Shadrick Kluemper Charity K. Lawrence Neva G. Lusk M. Mallory Mantiply Bryan S. Neft Niall A. Paul Edward W. Rugeley III Grant P. H. Shuman Wesley A. Shumway James E. Simon John R. Teare Jr. Christina S. Terek Gerald M. Titus III Alexander L. Turner

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2020

8/12/2020

Product Lines - Toxic Torts and Products Liability Insights: Issue 1, 2020

2/18/2020

Product Lines - Toxic Torts and Products Liability Insights: Issue 4, 2019

12/19/2019

Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers

11/1/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2019

9/30/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

6/28/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 1, 2019

4/2/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2018

12/21/2018

Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers

11/1/2018

Product Lines - Issue 2, 2018

9/19/2018

Overview
Professionals
Resources

The firm’s toxic tort litigation practice includes the defense of claims by consumers, employees and residents. The claims range from purported exposures to one toxic substance to purported exposures to hundreds of unidentified and unknown toxic substances. Given the firm’s proximity to a large number of chemical manufacturers and our clients’ needs to defend toxic tort lawsuits, our toxic tort lawyers have developed a broad-based toxic tort litigation practice.

Many states, particularly West Virginia, have seen an increase in mass tort claims, such as when a group of plaintiffs files a toxic tort claim, in the past decade. Accordingly, the West Virginia Supreme Court of Appeals created a separate judicial process, known as the Mass Litigation Panel (“MLP”), for handling mass litigation. The MLP process in West Virginia is unique and navigating its rules and procedures requires knowledge and experience that Spilman attorneys possess.

Toxic tort litigation cases frequently involve many defendants relying on the same medical and causation defenses. The firm’s attorneys routinely play leading roles in preparing common defenses for joint defense groups.

The firm has close relationships with experts who have earned national acclaim in their fields. Our toxic tort lawyers develop and present common experts and take the lead in presenting common legal arguments. As a result, we litigate toxic tort claims using the most recent and sophisticated evidence available.

In addition to our skills in the litigation process, Spilman Thomas & Battle also serves clients in the regulatory field. The firm’s Environmental Practice Group assists clients with regulatory programs for air, water, hazardous and solid waste; corrective action programs; and right to know issues. By addressing these issues and advising our clients in regulatory areas, the firm identifies potential environmental problems before they become toxic tort lawsuits.

In short, Spilman provides excellent legal representation in the field of toxic tort litigation, whether the case be a simple, one plaintiff/one injury civil action or a complex, multiple plaintiff/multiple injury lawsuit.

For more information about our Toxic Tort Litigation Practice Group, contact:

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

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

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Primary Contacts:

Heather Heiskell Jones
304.340.3842
hheiskell@spilmanlaw.com

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

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Team Roster:

Andrew P. Arbogast James S. Crockett Jr. Paula L. Durst Stephanie U. Eaton Mark A. Fiorilli Joseph A. (Jay) Ford Heather Heiskell Jones Clifford F. Kinney Jr. Charity K. Lawrence Neva G. Lusk Bryan S. Neft Niall A. Paul Edward W. Rugeley III James E. Simon James A. Walls Karin L. Weingart

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2019

9/30/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

6/28/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 1, 2019

4/2/2019

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2018

12/21/2018

Spilman Ranked in 59 Areas of Law by U.S. News - Best Lawyers

11/1/2018

Product Lines - Issue 2, 2018

9/19/2018

Spilman Member Neft Elected ACBA President

6/28/2018

Product Lines - Issue 1, 2018

5/30/2018

Spilman Strengthens Trial & Litigation Capabilities

5/23/2018

Spilman Significantly Bolsters Litigation Capabilities

8/30/2017

Overview
Professionals
Results
Resources

In the aftermath of a catastrophic event that triggers government inquiries through investigations, subpoenas, onsite inspections, audits or employee interviews, businesses and executives rely on the calm, experienced guidance of attorneys who know the process and understand their concerns. Such events can have public relations, financial and other broad repercussions on a company if not handled correctly. Spilman attorneys understand the importance of these considerations, as well as of keeping disruptions to one's company and personal life to a minimum. Knowing whether or how to respond to law enforcement and orchestrating that contact is one of our strong suits.

Our attorneys include former Assistant U.S. Attorneys, a former governor and attorney general, a former FBI agent, former state prosecutors, and a former police officer. With decades of experience in public service and law enforcement, we can anticipate the direction of investigations and analyze how to handle government inquiries so as to minimize intrusion and disruptions.

We also conduct internal investigations for companies of all sizes concerned with employee theft or other misconduct, and we maintain an excellent liaison network with law enforcement.

Some of our recent experience includes the following:

Internal investigations for businesses, municipalities and schools affected by major employee theft or alleged sexual misconduct within the scope of Title IX investigations, including witness representation
Representing companies and individuals in EPA Clean Water Act cases
Representing individuals faced with IRS inquiry for employment taxes, personal tax liabilities and trust fund issues
Representing individuals before professional licensing boards in defense of revocation and suspension, including Boards of Medicine, Pharmacy and Engineering.
Advising financial institutions on employee matters, regulatory compliance and cooperation with federal inquiry
Representing health care providers in allegations of overbilling of Medicare/Medicaid, Anti-Kickback, False Claims Act and Stark violations
Obtaining Sentencing Guidelines departures to probation in white collar cases
Appearing with and counseling individuals for interviews with law enforcement agents investigating program fraud, environmental crimes and false filings
Coordinating contact with law enforcement for companies victimized by theft to ensure recovery through restitution and forfeiture
Representing individuals and businesses served with grand jury and administrative subpoenas requiring testimony or document production
Representing a corporation criminally charged with violating the Clean Water Act for discharge of a pollutant into the Elk River in Charleston, West Virginia
Representing a high-ranking police official charged by the FBI with diverting funds for his personal use
Defending an attorney charged with fraud and conflict of interest, resulting in a not-guilty verdict following a two-week trial
Representing government contractors charged with fraud in the performance of government contracts
Representing an elected judge charged by the FBI with bribery
Representing a large multi-state contractor investigated for allegedly improperly applying for a minority set-aside program, with a result of no charges being brought against the company
Representing a union official investigated by the government for misuse of funds
Representing a wide range of clients charged with violating myriad federal and state tax laws including mail fraud, bank fraud, procurement and health care fraud
Representing numerous individuals charged with making false statements and misrepresentation to law enforcement agencies
Representing individuals on motions to quash grand jury subpoenas, contempt proceedings, and federal criminal prosecution for money laundering and obstruction of justice
Conducting corporate compliance and internal investigations on behalf of municipalities and corporations involving allegations of fraud and abuse

For more information, please contact:

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Primary Contact:

Neva G. Lusk
304.340.3866
nlusk@spilmanlaw.com

Team Roster:

Hon. Tom Corbett James D. Elliott Mark A. Fiorilli Neva G. Lusk Jeffrey D. Patton John R. Teare Jr. Christina S. Terek Gerald M. Titus III White Collar Team Gets Client Reduced Sentence

Spilman Ranked in 61 Areas of Law by U.S. News - Best Lawyers

11/1/2019

Pa. Gov. Tom Corbett Joins Spilman Law Firm

2/2/2018

Spilman Significantly Bolsters Litigation Capabilities

8/30/2017

First Name:
Last Name:
Email Address:
By checking this box, I acknowledge that this is an attorney advertisement. My receipt and/or use of this material does not constitute or create an attorney-client relationship between myself and Spilman Thomas & Battle, PLLC or any attorney associated with the firm. This publication is distributed with the understanding that the author, publisher and distributor are not rendering legal or other professional advice on specific facts or matters and, accordingly, assume no liability whatsoever in connection with its use.