The Legal BriefLegislationSine Die 2025: Notable Bills From West Virginia’s Legislative SessionJune 3, 2025 As the dust has settled on West Virginia’s latest legislative session, a variety of new laws are poised to impact West Virginia’s businesses and communities. Below are some of the most notable pieces of completed legislation in effect, or that are soon to be effective. HB 2002 - Establishing One Stop Shop Permitting Process[1] HB 2002 tasks the Secretary of the Department of Administration with… Client Alert: Court Invalidates Broad Tariffs—Refunds with Interest LikelyMay 29, 2025 UPDATE: A federal appeals court has temporarily paused the recent ruling that invalidated tariffs imposed during the Trump administration. This stay gives the court time to review the government’s appeal of the lower court’s decision. ORIGINAL: If your business is involved in international trade, sources any materials or goods from overseas, or if your business is indirectly involved in trade, you… A Federal Court in Alabama Says That the Corporate Transparency Act is Unconstitutional – What Does this Mean for Businesses Subject to the Act?March 6, 2024 On March 1, 2024, the United States District Court for the Northern District of Alabama (Northeastern Division) issued a decision declaring the Corporate Transparency Act (“CTA” or the “Act”) unconstitutional.[1] As we have previously reported, the CTA is part of the Anti-Money Laundering Act of 2000 and was adopted with the intent of providing law enforcement with beneficial ownership… U.S. SUPREME COURT ADDRESSES PENNSYLVANIA’S CONSENT-BY-REGISTRATION STATUTEJuly 7, 2023 Last week, the Supreme Court of the United States issued a wave of opinions. Included with those cases is an under-the-radar opinion that should put companies on notice. In Mallory v. Norfolk Southern Railway Co., No. 21-1168, the Supreme Court held that a Pennsylvania statute subjecting foreign corporations to general personal jurisdiction because they registered their business in Pennsylvania… Changes Made to Deliberate Intent Law in West VirginiaJune 20, 2023 During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023. HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to… Supreme Court To Address First Amendment and Social Media CasesMay 2, 2023 The U.S. Supreme Court will review two cases concerning public officials who removed comments and restricted users from accessing their social media accounts. Both cases will be heard during the upcoming term starting in October 2023. These cases offer an opportunity to establish a clear criterion for determining when a public official's social media activity constitutes state action, which… The Rise of Consumer Class Actions: How Changes to the West Virginia Consumer Credit and Protection Act Increased Consumer Class Action Filings in West VirginiaSeptember 26, 2022 Sometimes the best intentions have entirely unforeseen consequences. This is the case with changes that were made to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 et seq. (“WVCCPA” or the “Act”). At the time, there were hundreds of individual lawsuits relating to verbal notification of attorney representation wherein plaintiffs filed suit seeking thousands of… NEW SEC MANDATORY CLIMATE DISCLOSURES COULD COME AS EARLY AS THIS FALLJuly 25, 2022 There needs to be clear rules of the road for disclosing climate risk.” SEC Chair Gary Gensler “We are not the Securities and Environment Commission – at least not yet.” Commissioner Hester M. Peirce On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed its long-awaited and groundbreaking rules intended to standardize and enhance climate-related disclosures for domestic… Should I Stay or Should I Go? You Should Probably Stay: U.S. Supreme Court Poised to Resolve Circuit Split on Effect of Bankruptcy Code § 363(m) on AppealsJuly 20, 2022 On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.) In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to… Name, Image, and Likeness: The NCAA and College Sports Landscape One Year After AlstonJuly 1, 2022 The college sports landscape changed forever on July 1, 2021, when the NCAA permitted student-athletes to earn compensation for their name, image, and likeness (NIL). Now, a year later, we look back and evaluate how this change happened; the impact of this change on the NCAA, institutions, and student athletes; and the future of NIL. Background In June 2021, the NCAA was preparing to launch a new… SECURE ACT 2.0: WHAT TO KNOWApril 11, 2022 The House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0” or “the Act”, HR 2954) on Tuesday, March 29, 2022. The Act now heads to the Senate, where it is expected to have significant bipartisan support. SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement (“SECURE Act”, PL 116-94) signed into law in December 2019, which was enacted to… Ohio Revises Its Limited Liability Company ActFebruary 16, 2022 The Ohio Revised Limited Liability Company Act (“Revised Act”), signed into law on January 8, 2021, became effective Friday, February 11, 2022. The Revised Act applies to all LLCs registered to do business in Ohio, whether formed before, on, or after the effective date. Completely restating the existing Ohio Limited Liability Act (“Prior Act”), the Revised Act modernizes Ohio’s LLC law with a… |
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