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WSG Task Force Team

Spilman Thomas & Battle, PLLC  

Legal Services | West Virginia, USA

https://www.spilmanlaw.com/
tel: +1 304 340 3800 | fax: +1 304 340 3801
300 Kanawha Boulevard, East | Charleston | West Virginia | 25301 | USA

Meet The Team


Rayford Adams

Rayford K. (Trip) Adams, IIIMember

  • Bankruptcy & Creditors' Rights
  • Corporate & Business Law

John Allevato

John F. AllevatoCo-Chair, Federal Taxation

  • Bond Counsel
  • Corporate & Business Law

Andrew Arbogast

Andrew P. ArbogastChair, Litigation Department

  • Asbestos Litigation Defense
  • Litigation


Michael Basile

Michael J. BasileChair, Business Expansion & Development

  • Appellate Litigation
  • Business Expansion & Development

H. Battle

H. Dill Battle , IIIMember

  • Deliberate Intent Litigation
  • Energy Law

Elizabeth Benedetto

Elizabeth A. BenedettoChair, Bond Counsel

  • Bond Counsel
  • Commercial Lending


Kevin Carr

Kevin L. CarrCo-Chair, Labor and Employment

  • Labor & Employment Law
  • Energy Law

David Croft

David R. CroftCo-Chair, Federal Taxation

  • Corporate & Business Law
  • Federal Taxation

F. B. Day

F. B. Webster DayChair, Banking and Finance

  • Bond Counsel
  • Commercial Lending


Stephanie Eaton

Stephanie U. EatonCo-Chair, Construction Group

  • Chemical
  • Construction Law

Sally Edison

Sally E. EdisonMember

  • Bankruptcy & Creditors' Rights
  • Litigation

David Ferretti

David P. FerrettiMember in Charge of Lawyer Administration

  • Bond Counsel
  • Corporate & Business Law


Michael Garrison

Michael S. GarrisonCo-Chair, Health Care

  • Appellate Litigation
  • Business Expansion & Development

Carrie Grundmann

Carrie H. GrundmannMember

  • Labor & Employment Law
  • Litigation

Mark Heath

Mark E. HeathCo-Chair, OSHA & MSHA

  • Deliberate Intent Litigation
  • Energy Law


Bryce Hunter

Bryce J. HunterChair, Tax Credits

  • Bankruptcy & Creditors' Rights
  • Real Estate

Eric Iskra

Eric W. IskraChair, Labor and Employment

  • Appellate Litigation
  • Energy Law

Bruce Jacobs

Bruce M. JacobsCo-Chair, Consumer Finance Group

  • Bankruptcy & Creditors' Rights
  • Compliance, Privacy & Investigations


Eric Kinder

Eric E. KinderMember

  • Appellate Litigation
  • Government Relations

Travis Knobbe

Travis A. KnobbeMember

  • Appellate Litigation
  • Bankruptcy & Creditors' Rights

Neva Lusk

Neva G. LuskChair, E-Discovery

  • Appellate Litigation
  • Alternative Dispute Resolution


Brienne Marco

Brienne T. MarcoMember

  • Corporate & Business Law
  • Mergers & Acquisitions

Barry Naum

Barry A. NaumMember

  • Litigation
  • Utility Law

Julian Neiser

Julian E. NeiserCo-Chair, Construction Group

  • E-Discovery
  • Litigation


Paul Papadopoulos

Paul G. PapadopoulosCo-Chair, State & Local Taxation

  • Corporate & Business Law
  • Federal Taxation

Jeffrey Patton

Jeffrey D. PattonMember in Charge of Winston-Salem Office

  • Compliance, Privacy & Investigations
  • Chemical

Niall Paul

Niall A. PaulMember

  • Appellate Litigation
  • Chemical


Peter Pearl

Peter M. PearlChair, Bankruptcy & Creditors' Rights

  • Bankruptcy & Creditors' Rights
  • Corporate & Business Law

Jason Pizatella

Jason C. PizatellaCo-Chair, Government Relations

  • Business Expansion & Development
  • Corporate & Business Law

Peter Rich

Peter R. RichMember

  • Labor & Employment Law
  • Litigation


Susan Riggs

Susan J. RiggsMember

  • Corporate & Business Law
  • Energy Law

Joseph Schaeffer

Joseph V. SchaefferMember

  • Deliberate Intent Litigation
  • Energy Law

Ronald Schuler

Ronald W. SchulerChair, Securities Law

  • Appellate Litigation
  • Corporate & Business Law


William Smith

William P. SmithChair, Intellectual Property

  • Intellectual Property

Lori Thompson

Lori D. ThompsonMember

  • Bankruptcy & Creditors' Rights
  • Family Law

Derrick Williamson

Derrick Price WilliamsonCo-Chair, Utility, Energy & Communications Law Group

  • Energy Law
  • Litigation


Hon. Corbett

Hon. Tom CorbettCounsel

  • Compliance, Privacy & Investigations
  • Energy Law

Annmarie Kaiser

Annmarie KaiserCounsel

  • Corporate & Business Law
  • Government Relations

Latest Alerts


COVID-19 Extensions for Trademark Office
Spilman Thomas & Battle, PLLC, April 2020

In response to the COVID-19 pandemic, the Director of the U.S. Patent and Trademark Office authorized relief for trademark applicants, registrants, and parties to Trademark Trial and Appeals Board ("TTAB") proceedings. The Notice of Waiver provides a 30-day extension of time from the initial date it was due, for deadlines falling between March 27, 2020 and April 30, 2020. The filing must include a statement that the delay in filing or payment was due to the COVID-19 outbreak...

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UPDATED NEW Q&As: Big Questions, and Even Bigger Answers, About the Families First Coronavirus Response Act
Spilman Thomas & Battle, PLLC, April 2020

UPDATED - We have updated several items as clarifications have been made. We will continue to update as more frequently asked questions are posed. When Congress passed the Families First Coronavirus Response Act ("CRA"), it left much for the U.S. Department of Labor ("DOL") to explain. The DOL has published a temporary rule offering its interpretations of the CRA, and the Internal Revenue Service (“IRS”) has established a procedure for claiming the tax credits. Here are some of the most frequently asked questions we’ve seen from employers as they plan for the future. 1.         When did the CRA become effective? April 1, 2020...

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COVID-19: Patent Office Extensions Authorized Through April 30, 2020
Spilman Thomas & Battle, PLLC, April 2020

The Director of the U.S. Patent and Trademark Office on March 31, 2020 signed a notice waiving certain deadlines for patent-related filings, if the missed deadline resulted from situations relating to COVID-19...

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Big Questions, and Even Bigger Answers, About the Families First Coronavirus Response Act
Spilman Thomas & Battle, PLLC, March 2020

When Congress passed the Families First Coronavirus Response Act ("CRA"), it left much for the U.S. Department of Labor ("DOL") to explain. The DOL has started offering vital interpretations employers need to consider in making decisions over the next few weeks. 1.         When does the CRA become effective? April 1, 2020. 2.         But it’s not going to be enforced for 30 days, right? About that … The DOL surprised observers by clarifying the 30 days started when the President signed the CRA into law, so the non-enforcement period will end on April 17, not April 30...

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Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"): Summary of Small Business Loan Provisions
Spilman Thomas & Battle, PLLC, March 2020

Both houses of the United States Congress have now passed the CARES Act and sent it to the President for his expected signature. Among the provisions in the 880-page Act are critical ones dealing with aid to small businesses, sole proprietors, and independent contractors. The focus of this communication is the provisions under Division A, Title I of the Act relating to the small business relief provisions that added the Paycheck Protection Program to the Section 7(a) loan program of the Small Business Administration. The below Q&A summary reflects some of our most frequently received questions.   Q1...

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EPA Announces Temporary Enforcement Policy and the WV DEP Considers Accommodations for Regulated Entities Impacted by COVID-19
Spilman Thomas & Battle, PLLC, March 2020

The Environmental Protection Agency ("EPA") has announced a temporary enforcement policy that will apply during the COVID-19 outbreak and will operate retroactively to March 13, 2020. The EPA says it expects regulated facilities to continue to comply with regulatory requirements, where reasonably practicable, but where compliance is impractical, relief from enforcement may be available in appropriate situations. Facilities that are noncompliant are expected to return to compliance as quickly as possible, and they must document decisions made to prevent or mitigate noncompliance and demonstrate how the noncompliance was caused by the COVID-19 pandemic...

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Information Regarding EPA's COVID-19 Enforcement Policy
Spilman Thomas & Battle, PLLC, March 2020

The U.S. Environmental Protection Agency has announced its temporary policy regarding environmental enforcement activities during the COVID-19 pandemic. The policy is retroactive to March 13, 2020, and will apply for the foreseeable future, until seven days after EPA gives notice that the policy will terminate.     The policy applies to actions for which EPA has federal enforcement authority. There are many state programs and federal programs, which are delegated to and operated by the states, that will be governed by state decisions on enforcement priorities...

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APRIL 1 UPDATED NEW Q&As: Big Questions, and Even Bigger Answers, About the Families First Coronavirus Response Act
Spilman Thomas & Battle, PLLC, March 2020

UPDATED - Questions 12 through 18 are new to this article. We will continue to update as more frequently asked questions are posed. When Congress passed the Families First Coronavirus Response Act ("CRA"), it left much for the U.S. Department of Labor ("DOL") to explain. The DOL has started offering vital interpretations employers need to consider in making decisions over the next few weeks. 1.         When does the CRA become effective? April 1, 2020...

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Emergency Order 20-EO-03 COVID-19 State of Emergency - West Virginia Workers' Compensation Insurance
Spilman Thomas & Battle, PLLC, March 2020

In Emergency Order 20-EO-03, entered March 23, 2020, Insurance Commissioner Dodrill ordered that normal time standards for claims handling applicable to workers' compensation insurers and other regulated entities as set forth in title 85, series 1, section 10, of the West Virginia Code of State Rules are suspended until further notice...

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Intellectual Property Protection for CORONAVIRUS and COVID-19?
Spilman Thomas & Battle, PLLC, March 2020

It didn't take long. There are already 11 trademark applications pending in the U.S. Patent and Trademark Office for marks including the word "CORONAVIRUS". The first of these applications was filed on February 4, 2020, (CORONAVIRUS SURVIVAL GUIDE) and most recently on March 13, 2020 (I SURVIVED THE CORONAVIRUS/ COVID-19 OF 2020!). Certainly there will be more to follow.CORONAVIRUS SURVIVAL GUIDE is associated with services for "Magazines in the field of survival, protection, medicine and pandemics", and was filed by Centennial Media LLC of New York...

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COVID-19 and Insurance Coverage Implications
Spilman Thomas & Battle, PLLC, March 2020

In this time of the COVID-19 pandemic, there are many questions about insurance coverage. Because each policy is different, it is very difficult to generalize about insurance coverage. However, one thing we know to be true is that policyholders or insureds will be advocating for losses, primarily business losses, to be covered, while the insurance companies will be arguing the insurance policies preclude coverage either due to policy definitions or due to policy exclusions. The main coverage implicated is Business Interruption, which is typically not a standalone coverage, but is a subset of property damage coverage...

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Governor Ralph Northam Cancels Schools and Closes Non-Essential Businesses in Virginia
Spilman Thomas & Battle, PLLC, March 2020

As of Monday, March 23, Virginia Governor Northam announced all public K-12 schools will remain closed through the end of the school year and many – but not all – non-essential businesses will be required to close their doors. By the end of Tuesday (11:59 p.m. on March 24) some non-essential services, including all recreation and entertainment services, are to close. The order covers three categories of businesses: Recreational and entertainment businesses, which must close their doors by midnight on Tuesday...

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North Carolina and South Carolina Issue Executive Orders Regarding COVID-19
Spilman Thomas & Battle, PLLC, March 2020

North Carolina The Executive Order prohibits mass gatherings that bring together more than 50 persons in a single room or single space (including any indoor or outdoor space) at the same time.  However, the prohibition against mass gatherings does not include airports, bus and train stations, medical facilities, shopping malls and centers, office environments, factories, grocery stores, and child care facilities...

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The REAL Trending Litigation Topics Regarding COVID-19
Spilman Thomas & Battle, PLLC, March 2020

A trend is emerging with recently filed litigation involving the COVID-19 pandemic. Spilman attorneys are committed to providing information that allows businesses to react as quickly as possible to avert civil litigation threats or to protect your interests through litigation. Monitoring these litigation trends will allow organizations to prepare to defend against such threats in the future or to identify and pursue civil remedies when needed. The case summaries below are short and highlight the bottom line implication of each matter. Please feel free to contact our COVID-19 Task Force if you have any questions or concerns. We are here for you...

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What You Should Know About the Small Business Administration’s Disaster Loan Program
Spilman Thomas & Battle, PLLC, March 2020

The COVID-19 pandemic has hit small businesses particularly hard. And, the Small Business Administration’s disaster loan program can offer many of those small businesses a lifeline. But, it can be daunting to know what relief is available (and for what purpose), who qualifies, and how to apply. This is what you need to know. The SBA has two types of disaster loan programs—one through banks and one directly from the SBA via the U.S. Treasury. Most small businesses will qualify for these programs if they have fewer than 100 employees, less than $50 million in revenue, and have been directly or indirectly impacted by COVID-19...

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What You Should Know About the Small Business Administration’s Disaster Loan Program
Spilman Thomas & Battle, PLLC, March 2020

The COVID-19 pandemic has hit small businesses particularly hard. And, the Small Business Administration’s disaster loan program can offer many of those small businesses a lifeline. But, it can be daunting to know what relief is available (and for what purpose), who qualifies, and how to apply. This is what you need to know. The SBA has two types of disaster loan programs—one through banks and one directly from the SBA via the U.S. Treasury. Most small businesses will qualify for these programs if they have fewer than 100 employees, less than $50 million in revenue, and have been directly or indirectly impacted by COVID-19...

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COVID-19 Employer Checklist
Spilman Thomas & Battle, PLLC, March 2020

1)  Publish, circulate, and implement the latest CDC, local health department, and OSHA pronouncements on maintaining a healthy worksite and make sure you are stocked on essential product (soaps and sanitizers). 2)  If you plan on allowing essential vendors and other visitors to continue coming onto your property, implement a visitor policy that: Requires visitors to acknowledge they have not come into contact with anyone at risk. Are not showing upper respiratory symptoms, Will leave at the first sign of upper respiratory symptoms and report such symptoms to you, and Will comply with CDC best practices while on your property...

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COVID-19: Pennsylvania Begins Enforcing Closure Order
Spilman Thomas & Battle, PLLC, March 2020

Pennsylvania began enforcing Governor Tom Wolf’s order closing non-essential businesses at 8:00 a.m. today, March 23, 2020. Enforcement will be conducted by a number of state and local agencies, including the Pennsylvania Liquor Control Board, Department of Health, Department of Agriculture, and State Police. According to the guidance the Governor’s office issued to law enforcement agencies, violators may be charged under Pennsylvania’s public health and liquor control laws, although the Governor also has suggested that serious violators could be charged with obstructing the administration of law enforcement functions...

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COVID-19: The Impending Seismic Shift for Distressed Small Businesses?
Spilman Thomas & Battle, PLLC, March 2020

As we all know by now, much of our day-to-day lives have been upended by the COVID-19 pandemic. We are being told by everyone everywhere - the CDC, the President, governors, mayors, public health officials - we need to flatten the curve of the virus' natural exponential spread by practicing social distancing and aggressive hand washing. If fear has not kept us out of restaurants, bars, gyms, salons, barbershops, stores, churches, synagogues, mosques, and the like, we are now facing mandatory closures of businesses, particularly restaurants and bars. Many governors have ordered all restaurants and bars close immediately, at least with respect to dine-in customers...

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Governor Justice Issues Stay-At-Home Order for West Virginia
Spilman Thomas & Battle, PLLC, March 2020

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

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IRS Issues News Releases and Establishes a Special Section Focused on Steps to Help Taxpayers, Businesses and Others Affected by the Coronavirus
Spilman Thomas & Battle, PLLC, March 2020

The IRS has issued the several news releases in response to the COVID-19 pandemic: IRS Notice 2020-18 Tax Day now July 15. Treasury, IRS extend filing deadline and federal tax payments regardless of amount. The Treasury Department and IRS announced the federal income tax filing due date (for individual, trusts, estates, partnerships, corporations, and associations) is automatically extended from April 15, 2020, to July 15, 2020. Taxpayers do not need to file any additional forms or call the IRS to qualify for this automatic federal tax filing and payment relief...

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Loans in the Time of COVID-19
Spilman Thomas & Battle, PLLC, March 2020

No one can predict all the effects of the pandemic on the borrower/lender relationship, but some of those effects will be severe. Both parties place a high value on predictability in their dealings. A borrower must know that when it needs funds, the line of credit will be available, while a financial institution needs to have payments made and covenants met as provided in the financing documents. Its long term survival depends on it. The battle against the virus, with its shut down of businesses, employment furloughs and layoffs, supply chain complications, and the resulting market volatility, leaves lenders and borrowers in uncharted territory...

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West Virginia Supreme Court Declares Statewide Judicial Emergency Due to COVID-19
Spilman Thomas & Battle, PLLC, March 2020

In further response to the COVID-19 pandemic, the Supreme Court of Appeals of West Virginia entered an order late Sunday night that declares a statewide judicial emergency applying to all lower courts in all 55 counties. As a result of the declaration, all non-emergency proceedings, including jury trials, are stayed through April 10, 2020. All deadlines and statutes of limitation that were set to expire between March 23 and April 10 are similarly tolled until April 11, 2020. Only emergency proceedings that are required to protect the immediate health and safety of a party or the community are exempted from the Court’s stay...

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COVID-19 and Restaurant Alcohol Sales in West Virginia
Spilman Thomas & Battle, PLLC, March 2020

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

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Employee Pay, Benefit and WARN Act Obligations: Updates Regarding COVID-19
Spilman Thomas & Battle, PLLC, March 2020

We realize employers continue to have pressing questions during this growing COVID-19 pandemic. Our COVID-19 Task Force is ready to assist with those questions and will continue providing updates in hopes of answering some of the more pressing questions you are likely to encounter as we move forward in this unprecedented situation.   BUSINESS DISRUPTIONS AND PAY OBLIGATIONS   Many businesses are facing challenges stemming from reduced business as individuals follow the CDC’s suggestions relating to social distancing and staying at home when possible...

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UPDATE! March 2020 Pennsylvania Legislative Update: COVID-19 Responses
Spilman Thomas & Battle, PLLC, March 2020

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

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Protecting Yourself and Your Organization from COVID-19 Scams
Spilman Thomas & Battle, PLLC, March 2020

In accordance with the CDC’s guidance on social distancing, more and more companies are increasing the number of employees working from home. As the number of employees working from home increases, so do the related cyber risks. Sophisticated hackers have developed a game plan for exploiting weaknesses unique to the remote workforce employment model. Organizations must be vigilant in preventing hackers from infiltrating corporate systems or preying upon an unsuspected remote worker. Some of the techniques that scammers employ in the face of this pandemic are convincing: COVID-19 timelines and outbreak-in-motion maps...

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COVID-19: Reminder on Pittsburgh Paid Sick Days Act
Spilman Thomas & Battle, PLLC, March 2020

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

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Emergency Federal Leave is Now Reality. What Does It is Mean for Your Business?
Spilman Thomas & Battle, PLLC, March 2020

As part of Spilman's and our COVID-19 Task Force's continuing effort to partner with you during this public health emergency, we’ve been monitoring Congress’ work on the Families First Coronavirus Response Act ("Act"). This now has passed both houses and all indications are that it will be effective within weeks. Even in its short history, the bill has seen some significant changes. This is the final form. This bill contains a number of provisions, including requiring private health plans to provide coverage for COVID-19 diagnostic testing at no cost to the consumer and providing financial support for additional unemployment compensation...

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COVID-19 and Construction Industry Insights
Spilman Thomas & Battle, PLLC, March 2020

Restrictions related to COVID-19 have created immediate impacts for businesses of all sizes. Regardless if your industry has been directly affected by government mandates to work from home or restrict travel, it seems that no company can operate under a "business as usual" mindset over the near future. Our COVID-19 Task Force wants to share a few immediate thoughts related to issues involving business operations, contractual obligations, and insurance coverage that all of those involved in the construction industry should consider: 1.  Will insurance coverage pay for my business interruption/loss of work? Maybe...

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COVID-19: Best Practices in the Workplace
Spilman Thomas & Battle, PLLC, March 2020

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

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Contractual Implications of COVID-19
Spilman Thomas & Battle, PLLC, March 2020

At Spilman, we are often asked to review the "colder" legal aspects of human events of all types. The COVID-19 pandemic will be no different. To get a jump start on some of the questions we have faced or will face, we offer some thoughts on the contractual implications of COVID-19. Over the past week, Americans have witnessed countless unprecedented responses to the COVID-19 pandemic. The NBA postponed its season. The NHL soon followed. The NCAA cancelled all winter and spring sports, including March Madness. Cruise lines shut down. Schools shut down. Disney shut down its parks. National conferences have been postponed or cancelled...

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Intellectual Property Updates for COVID-19
Spilman Thomas & Battle, PLLC, March 2020

On March 15, 2020, the U.S. Patent and Trademark Office announced its offices will be closed to the public until further notice, "out of an abundance of caution for the health and safety of the public and USPTO employees." The closure began Monday, March 16, 2020 until further notice. Offices remain open for employees, contractors, and those with access badges. Unless otherwise notified, USPTO operations will continue without interruption. Patent and trademark application deadlines and other deadlines are not extended. Those with official business with the USPTO should reach out to their points of contact with any questions or through the Contact Us link...

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All articles submitted by Spilman Thomas & Battle, PLLC

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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