The Legal Brief

Supreme Court of Appeals of West Virginia Extends Judicial Emergency Order to May 1, 2020

April 4, 2020

On April 3, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 1, 2020.  

This amended order makes it clear that there are to be no hearings or “in person contact” in the court system in civil cases. It provides protection to litigants by automatically canceling all hearings and deadlines that fall between March…

CARES Act Provisions Benefiting Higher Education

April 3, 2020

Among the many sectors that are provided relief under the CARES Act, higher education institutions are set to receive both appropriations and regulatory flexibility. The following discusses many of those provisions.

Of the roughly $2 trillion emergency funding provided under the CARES Act, $30.75 billion is included for an Education Stabilization Fund to provide assistance and relief to the…

NCAA Eligibility Over COVID-19

April 2, 2020

For sports fans, one impact of the COVID-19 pandemic is the loss of the college basketball national tournament, aka “March Madness.” The university shut-downs across the country have resulted in all spring-sports athletes losing their season. Generally, a loss of a season would mean the loss of a year of eligibility to compete, but the National Collegiate Athletic Association (“NCAA”) recently…

Update from Government Relations Team

April 2, 2020

During a 2020 legislative session marked by discussions of improvements to West Virginia’s foster care system, new economic development concepts for the State of West Virginia, and the possible creation of an Intermediate Court of Appeals, 2389 bills were introduced, with 356 completing legislative action. Out of the 356 bills which completed the legislative process, Governor Justice vetoed six…

COVID-19: Can I Claim My Business Interruption As A Loss Under My Insurance Policy?

March 31, 2020

Owners of "non-essential” business enterprises have the stress of social distancing AND the worry of saving the business during the pandemic. A loss of income that is directly related to business closures, a break or delay in the supply chain, and/or the effects of social distancing may already appear in businesses’ financials. Now is the time to be proactive and review policies of insurance to…

A Force Majeure Clause Could Cause NBA Players to go Without Pay During COVID-19 Crisis

March 30, 2020

The sports world came to a screeching halt amongst COVID-19 concerns and bans on crowds. The National Basketball Association (“NBA”) led this charge when several players tested positive for COVID-19. The pandemic shut down of the NBA has contractual implications for all players. NBA players may also go without pay due to the force majeure clauses in the NBA’s collective bargaining agreement. …

Congress Passes COVID-19 Relief Package - WHAT YOUR BUSINESS NEEDS TO KNOW

March 27, 2020

After intense negotiations, Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES”) to provide direct assistance to individuals, businesses, and state and local governments to help them address the coronavirus (“COVID-19”) pandemic. President Trump signed CARES into law.

CARES provides relief to businesses in two ways: (1) business interruption loans through…

FBI Warns to be Aware of COVID-19 Phishing Scams

March 27, 2020

Scammers and hackers are exploiting the confusion and distress caused by COVID-19 to attack while people are most vulnerable. The FBI’s Internet Crime Complaint Center recently issued a public service announcement warning citizens to be vigilant in reviewing their emails due to email-based fraud, malware, and other schemes that are purposefully utilizing the COVID-19 crisis to lure unsuspecting…

Congress Passes COVID-19 Relief Package - INDIVIDUAL TAX INCENTIVES

March 27, 2020

After intense negotiations, Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES”) to provide direct assistance to individuals, businesses, and state and local governments to help them address the coronavirus (“COVID-19”) pandemic. President Trump signed CARES into law.

CARES provides tax relief provisions applicable to individuals, including:

Impact to…

UPDATED - Kentucky Legislature Responds to COVID-19 with SB 150

March 27, 2020

Governor Beshear signed Senate Bill 150 on March 30, 2020, which addresses COVID-19 effects on the Commonwealth, specifically to allow for quick response by the healthcare system and protect those responding to the emergency. The new law also addresses other issues directly affecting employers.

Unemployment

Codifies the acts undertaken by Executive Order to allow for the expansion of unemployment…

SEC Coronavirus/COVID-19 Response

March 26, 2020

In response to COVID-19, the Securities and Exchange Commission (“SEC”) has taken a variety of actions to assist and advise registered companies. These actions include:

• Extending deadlines for the release of annual reports by certain companies
• Providing guidance on facilitating shareholder engagement, including through virtual annual meetings
• Providing guidance on the proper disclosure of material…

USPTO Offers Trademark Relief in Wake of Coronavirus

March 26, 2020

The United States Patent and Trademark Office (“USPTO”) announced relief for trademark application and registration customers affected by the coronavirus (“Covid-19”) outbreak. The USPTO considers the effects of Covid-19 to be within the meaning of an “extraordinary situation” as provided in 37 CFR 1.183 and 37 CFR 2.146 for affected trademark customers.

What you need to know:

If your trademark…