West Virginia now has one set of social distancing rules for businesses thanks to an emergency rule promulgated by the West Virginia Department of Health and Human Resources ("DHHR"). Prior to the DHHR’s rule, local boards of health were issuing county-by-county orders that created a patchwork of similar, but different, requirements throughout the Mountain State ...
The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else Introduction On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”) ...
On March 30, 2020, the Secretary of the Department of Health and Human Services ("Secretary") announced a blanket waiver ("Waiver") of sanctions for violations of Section 1877 of the Social Security Act, also known as the physician self-referral law or Stark law ("Stark Law") ...
Over a year ago, Congress amended the Bankruptcy Code to create Subchapter V, with the intent of encouraging small businesses (defined as those with less than $2,725,625.00 in debt) to file reorganization plans more often by saving certain costs of a routine Chapter 11. Congress then passed the CARES Act in response to the COVID-19 pandemic, raising the debt limit to $7,500,000.00 ...
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) is a federal consumer protection law that provides campus members and the public with information about campus safety ...
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you if its product is compromised and results in a data breach of your computer network. This recommendation was recently validated by both cyber authorities in the U.S. and in the U.K., Germany, Canada, Australia, New Zealand, and the Netherlands ...
Telehealth is not a new concept, but it has been accelerated to the forefront recently by government mandated social distancing. While all of the "stay-at-home" orders issued across the country to date have included exceptions that permit individuals to leave their homes to seek medical treatment, providers may feel an obligation to offer telehealth services to protect not only their patients, but also the provider's staff, and to support the national effort to "flatten the curve ...
The ongoing COVID-19 pandemic crisis—infecting more than 2.7 million people worldwide, with almost 870,000 cases in the United States alone as of the writing of this article—has thrown nearly every industry into chaos as the world struggles to adjust to the new reality of social distancing and self-quarantining ...
The ongoing COVID-19 pandemic crisis—infecting more than 2.7 million people worldwide, with almost 870,000 cases in the United States alone as of the writing of this article—has thrown nearly every industry into chaos as the world struggles to adjust to the new reality of social distancing and self-quarantining ...
The 2019 regular session of the West Virginia Legislature concluded on March 9. During the 60-day session, a total of 1,823 bills were introduced, with only 294 completing the process and actually being presented to Governor Jim Justice. By the midnight deadline on March 27, Governor Justice vetoed 30 bills, let one become law without his signature, and approved the rest ...
“Electrification” has become a ubiquitous term these days, although depending on who you ask, it might have different meanings. However defined, a critical component of electrification as a policy choice to reduce reliance on fossil fuels is the need to fully evaluate both its practicality and the transparency of its cost impacts, particularly as that relates to lower income and middle class families, as well as small business ...
On Wednesday, April 27, 2020, Attorney General Bill Barr issued a memorandum “directing each of our United States Attorneys to also be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens.” Attorney General Barr specifically called out “discrimination against religious institutions and religious believers ...
In a typical consumer bankruptcy, a debtor seeks the benefit of two concepts. First, the debtor seeks the breathing room afforded that debtor by the automatic stay. Second, the debtor seeks to discharge all debt obligations adjudicated in the bankruptcy case. Absent these protections, a bankruptcy filing serves little purpose. As a result, a creditor who can attack the debtor's entitlement to a discharge threatens the very heart of any filing ...
As you know, the 2020 Regular Session of the West Virginia Legislature commenced on January 8. As of this writing, the House has introduced 903 bills, while the Senate has introduced 467. We will be reporting on and tracking the progress of significant legislation during the course of the Session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...
The 50th day of the 2020 Regular Session of the West Virginia Legislature marks a significant boundary line between the bills that have a chance for passage and those that failed. It is known as Cross Over Day, the last day to consider bills on third reading in their house of origin. By Cross Over Day, the House had introduced a total of 1,528 bills, with the Senate contributing 853 ...
The 2020 Regular Session of the West Virginia Legislature is now entering the final stretch with only a little less than two weeks left. No new bills may be introduced in either chamber (though a committee may still originate a bill) and all bills, with the exception of appropriations bills, must be out of committee and passed by their respective house of origin by February 26. As of today, the House has introduced 1,528 bills, while the Senate introduced 853 ...
The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on and tracking the progress of significant legislation during the course of the session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...
The West Virginia Legislature adjourned its 60-day Regular Session sine die on March 7, 2020. By the time the clock struck midnight, 356 bills ultimately completed the legislative process and were sent to Governor Justice for his approval. Under the West Virginia Constitution, the Governor had until midnight on March 25, 2020 to take action on those bills. The Governor signed all but five of the bills passed during the regular session ...
While yesterday’s federal election results from West Virginia were not a surprise, the down ballot races, especially for the State Legislature, clearly demonstrated what was a strong red wave that engulfed incumbents, swept away open seats, and cemented what may be durable majorities in both chambers for years to come. As around the country, early voting enthusiasm also gripped West Virginia ...
Over the past couple decades, building codes have responded to disasters, rather than averting them. Resilience is now an essential design element needed to withstand our changing climate. In the immortal words of Bob Dylan, “the times, they are a-changin’.” Intensified and more frequent hurricanes on the East and Gulf Coasts, more devastating wildfires on the West Coast and more frequent, powerful tornados in the heartland ...
The process of selecting the right candidate for a new position involves time and resources. Extending an offer of employment is generally an exciting endeavor for both the employer and its new hire - which is why the details set forth in that offer of employment are so critical. While a verbal offer of employment is perfectly appropriate to provide, it is equally important that a written offer follow ...
Your biometric data tells the tale of who you are in intricate detail. Often, your biometric data is used to verify your identity at work or school. Currently, Illinois has the most comprehensive biometric privacy law in the country with the Illinois Biometric Information Privacy Act. Maryland and Mississippi look to join Illinois in protecting their citizens’ biometric data ...
In last quarter’s issue, we discussed the rise of digital currencies and the blockchain, or distributed ledger, technology that supports them. We now turn our focus to how the financial industry and governments have embraced this technology and are working to adapt it to traditional banking services and applications as far ranging as recording property transfers and safeguarding nuclear missiles ...
Federal appeals court gives effect to mortgage servicer’s disclaimers in monthly statements and letters and holds that homeowner is charged with carefully reading them and a basic level of understanding in what they say ...
In late June 2022, the Supreme Court of the United States decided Dobbs v. Jackson Women’s Health Organization, overruling Roe v. Wade and Planned Parenthood v. Casey, which had previously recognized a woman’s constitutional right to terminate a pregnancy prior to fetal viability. After Dobbs, many states sought to protect a woman’s choice to terminate her pregnancy ...
