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Huntington Business & Commercial Law Blog

Claimant Attorney Fees in WV Workers' Compensation Cases: Who Foots the Bill?

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A common question our workers' compensation practice group receives relates to the payment of workers' compensation claimant attorney fees by claims administrators. With the media reporting daily about excessive attorney fee awards in other areas, concern over this issue is understandable. However, in the context of West Virginia workers' compensation, the claims administrator rarely has to pay a claimant's attorney fees.

Can I Change a West Virginia Irrevocable Trust?

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A trust is a common tool used to manage or pass on a person's assets. Trusts are used for a variety of purposes, such as tax planning, providing financial security for one or more trust beneficiaries, or donating to a charity; however, not all trusts are the same. The purpose or type of a trust may determine who can be a beneficiary or even whether it can be changed after it is created.

Deciding on the Type of Business Ownership Transition: Internal, External, or Closure?

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ownership transition, ownership transition attorney, business succession planning, succession planning process, internal transition, business succession planning attorney, succession planning attorney, West Virginia, West Virginia business attorney

Myth Busters: Why Everyone NEEDS an Estate Plan

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As an estate planning attorney, I am always surprised by the number of friends and family who have not yet completed their estate planning. For me, it seems like such an important and natural part of adulthood. One evening as I watched MythBusters, I began to think of some of the myths I encounter in my profession. For the first episode of MythBusters: Estate Planning Edition, I decided to discuss some of the most common excuses I hear to prove why everyone needs an estate plan.

Inadvertent Disclosure of Confidential Information: Does File Sharing Waive Legal Privileges and Protections?

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Cloud computing services offer unprecedented convenience. File sharing has changed the way we do business, allowing us to share documents across our own devices or even with others. But how can sharing files affect a company's legal position in a lawsuit? Does file sharing waive the attorney-client privilege or attorney work product protection?

Defining Your Goals and Starting the Business Succession Planning Process

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If you want to know more about business succession planning, you've come to the right place. This blog is the second in a set of six designed to help small business owners understand the importance of the succession planning process. If you missed it, read the first in the series: "Business Succession Planning: The Key to Your Future."

MORE WEST VIRGINIA EMPLOYEES MAY SOON BE DRUG TESTED

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Employers in West Virginia may soon get more freedom to drug test their employees. That is the intent of the "West Virginia Safer Workplaces Act," which passed the House of Delegates on March 23, 2017, and is now awaiting action in the Senate.

Senate Bill 338 - Related to Medical Professional Liability

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Senate Bill 338 was introduced February 16, 2017 and amends several statutory provisions of the West Virginia Medical Professional Liability Act ("MPLA"). W. Va. Code § 55-7B-1 et seq.

WV Supreme Court: Rule 20 Spine Impairment Tables Should Have Been Applied to Determine Whole Body Medical Impairment

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Employers and insurers should take immediate note of a recent West Virginia Supreme Court decision involving permanent total disability thresholds. Late last week, the Court issued its decision in Cooper v. Appalachian Power Company.

Business Succession Planning: The Key to Your Future

Photo of Stephen J. Golder
When you are ready to retire, will your business be ready? Many small business owners look forward to retirement-to unplanned days and more time with loved ones-only to learn that their dreams are hindered by a lack of timely business succession planning.