Larry Mazza is Chief Executive Officer of MVB Financial Corp., the parent of West Virginia-based MVB Bank, Inc. Mr. Mazza also serves on the MVB Financial Corp. Board of Directors. He is a recognized name in West Virginia banking with over 25 years of experience in both large banks and community banks. Mr. Mazza is a member of the West Virginia Board of Banking and Financial Institutions, part of the State’s banking regulatory and oversight agency ...
We interviewed Lyn Hayth, President and CEO of the Bank of Botetourt, for Community Banking Excellence this issue. Lyn has been a banker for more than 30 years. His bank, with about $312 million in assets and $248 million in loans, operates primarily in the Virginia counties of Botetourt, Roanoke, Franklin and Rockbridge ...
Timothy R. Moore, Member, Spilman Thomas & Battle interviews Robert T. Braswell, President and Chief Executive Officer, Carolina Bank Q: What is the most personally rewarding part of being a community banker? A: Being a banker for 40 years, working for both larger regional and national banks as well as Carolina Bank for the last 18+ years, I find the community bank gives an individual more recognition for the value of their contribution ...
In today’s economy, banks all too commonly find themselves foreclosing on real property collateral. As a result, banks are regularly in the position of having to determine the starting bid in foreclosure proceedings. This determination can be complicated by North Carolina General Statute § 45-21 ...
Unfortunately, as we all know, foreclosures are necessary. But foreclosures, by their nature, involve a certain degree of unpleasantness and challenges. A particularly thorny set of challenges arises when the foreclosure involves income producing property, especially residential rental property. The Problem. Imagine this all too familiar real world scenario: as security for a loan, the borrower grants the bank a deed of trust lien against the borrower’s apartment building ...
After months of phone calls, loan modifications and discussions with borrowers, one finally receives the dreaded bankruptcy notice in the mail. A chapter 7, no-asset case, with the loan listed on the bankruptcy schedules as a secured claim. After a few short months, one is notified that the debtors have received their discharge in the bankruptcy case. Since the bank hasn’t been paid in months, one discusses internally and decides to initiate foreclosure proceedings ...
Imagine you are a materialman, selling indoor carpet to the contractors. You are approached by a West Virginia developer that wants you to supply carpet and flooring for several houses in a new development. The contract represents $50,000 in new business for your company – and you hope it marks the establishment of a productive relationship with the developer ...
With everything from alpacas, pigs and turkeys, to even a snake being claimed as service animals, it is not surprising that many business owners are asking what truly qualifies as a “service animal” under the law. Just last fall, a Wisconsin McDonald’s encountered a situation where a patron wanted to dine with her service kangaroo ...
What is a Mechanic’s Lien? In South Carolina, construction liens, called mechanic’s liens, are automatically created by statute to protect anyone “to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of wells.” S.C. Code Ann. § 29-5-10 ...
It is practically impossible these days to turn on the news, get on the internet or listen to the radio without hearing about some polarizing event. Whether it is a debate over the presidential candidates, the #BlackLivesMatter movement, or the legality of North Carolina’s HB-2 (dubbed the “Bathroom Bill”) or other similar state law, the American populace is being bombarded from all sides ...
We interviewed Lyn Hayth, President and CEO of the Bank of Botetourt, for Community Banking Excellence this issue. Lyn has been a banker for more than 30 years. His bank, with about $312 million in assets and $248 million in loans, operates primarily in the Virginia counties of Botetourt, Roanoke, Franklin and Rockbridge ...
As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning treatment of LGBT individuals as a protected class under Title VII of the Civil Rights Act. Last month, the EEOC issued What You Should Know About EEOC and the Enforcement Protections for LGBT Workers (the “Guidance”) ...
In January of this year, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first impression before the Court was whether Section 1692g(a)(3) of the Fair Debt Collection Practices Act (“FDCPA”) requires a consumer to dispute a debt in writing to gain the protections afforded by the FDCPA ...
When the Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Jacqueline A. Berrien, and EEOC Commissioner Victoria A. Lipnic sat down for an informal conversation regarding workplace diversity during the Diversity Luncheon at the National Conference on Equal Employment Opportunity Law, the dialogue quickly moved to the possible effects of budget cuts on diversity in the public workplace ...
What is Executive Order 13658? On February 12, 2014, President Obama signed Executive Order 13658, “Establishing a Minimum Wage for Contractors,” as a means to increase the minimum wage for workers providing services pursuant to federal construction and service contracts (the “Executive Order”) ...
Recently, R. Scott Adams authored the following article for DRI's Commercial Litigation Committee. The Servicemembers Civil Relief Act (“SCRA”) was signed into law in 2003, greatly expanding prior legislation in order to better assist servicemembers in avoiding default and foreclosure while they are on active duty ...
On December 1, 2015, several amendments to the Federal Rules of Civil Procedure took effect. While some changes are rather minor, others are expected to have a significant impact on litigation in federal court. Lawyers have been talking about these amendments for years as they were developed, proposed, revised, and eventually approved, but comparatively little has been said about what the parties to litigation need to know. Three key takeaways are discussed below ...
The H-1B visa filing frenzy is upon us once again! Because of the chronic shortage of nonimmigrant visas for foreign workers in the specialty occupation category (H-1B visas), employers seeking to hire new H-1B workers must file their petitions on April 1, 2014 for work beginning October 1, 2014 ...
An important case between the Association of Mineworkers and Construction Union (“AMCU”) and the Chamber of Mines of South Africa acting on behalf of Harmony Gold, AngloGold Ashanti and Sibanye Gold, has finally been decided by the Constitutional Court. The case concerns the extension of a 2013 wage collective agreement to AMCU members in terms of section 23(1)(d) of the Labour Relations Act, 1995 (“LRA”) ...
The 2017 South African Budget Review, published on 22 February 2017, contained several statements (summarised below) that may be of interest to pension funds, their investment managers and administrators. Tax Preservation of benefits after reaching normal retirement dates: In 2014, amendments were made to the Income Tax Act, 1962 to allow individuals to elect to retire ...
A previous Amendment to the Labour law raised some arguable and sensitive issues regarding termination of the employment contract when employee's behaviour represents criminal act. In fact, it was the employer who decided if an employee's behaviour represent a criminal act ...
We are pleased to inform you that Ellen McGinnis and Erin England have co-authored a chapter in a book recently published in connection with the Fund Finance Association’s 2017 Global Fund Finance Symposium. Their chapter in the Global Legal Insights publication is titled “Historical Perspective and Evolution of Investor Issues in Subscription Financing – From Credit Analysis to Enforcement ...
On March 2, 2017, the California Supreme Court issued its much anticipated decision in the City of San Jose v. Superior Court of Santa Clara County case. In short, the Court determined that when a public official or employee uses a personal account to communicate about the conduct of public business, the writings are subject to disclosure under the California Public Records Act, if those writings are not otherwise exempt from the disclosure requirements ...
On March 2, 2017, the California Supreme Court determined that when a public employee uses a personal account to communicate about the conduct of public business, the communications are subject to disclosure under the California Public Records Act (CPRA), if those communications are not otherwise exempt from disclosure. In a unanimous opinion, the Court in City of San Jose v ...
2016 Follow-Up Payments on Promissory Notes and Guarantees. If you sold property (for example, real estate, stock, or an interest in a family limited partnership or other closely-held entity) to a family member or a trust for a promissory note in the past, the purchaser should make the proper interest payments. Also, if the transaction involved a guarantee of any part of debt, the guarantor should receive the proper guarantee fees. Gift Tax Returns ...
