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Huntington Business & Commercial Law Blog


Photo of Stephen J. Golder
The value of a small business is not an absolute. Unfortunately, no business valuation calculator can effectively capture and account for the assets of a company. It is often more productive financially to engage the services of a business ownership transition attorney than to attempt to maximize company value without expert advice. This is one area where short-cutting usually leads to short-changing.

Staffing Agency Nurse Liability: What You Need to Know

Photo of Charlotte Hoffman Norris
Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. In an attempt to provide certainty regarding staffing agency nurse liability, standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency also agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the hospital professional liability shifting arrangement, right? Not necessarily.

WV Religious Freedom Bill Failed to Pass in 2016

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In 2016, by an overwhelming majority, the West Virginia House of Delegates passed House Bill 4012 regarding WV religious freedom. The bill purported to provide a claim or defense to a person whose religious freedom was burdened by state action. But, in the same legislative session, the West Virginia Senate rejected the "West Virginia Religious Freedom Protection Act" ("the Act").


Photo of Stephen J. Golder
Small business owners who have decided to pursue an internal ownership transition often struggle with where to start. This blog is the fourth in a series of six designed to help small business owners ease into the transition process. In this article, we'll focus on how to identify potential successors in the internal transition process.

Admissibility of Evidence of Seatbelt Non-Use in a Civil Action Under 2017 Senate Bill 55

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The West Virginia Legislature introduced legislation in the 2016 and 2017 regular sessions that would have amended §17C-15-49 of the West Virginia Code regarding operation of vehicles with safety belts, also called seatbelts. During the 2017 session, West Virginia Senate Bill 55 was introduced and referred to the judiciary committee; a similar bill was introduced in the House, but neither bill passed. Given the interest in the bill, it is likely to be reintroduced during the 2018 regular session. If the legislature ever passed such a bill, how would that affect the admissibility of evidence of seatbelt non-use?

Workplace Drug Testing in WV Under the WV Safer Workplaces Act

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As of July 7, 2017, employers have much more leeway to conduct workplace drug testing in WV for illegal drugs--but only if employers also institute new procedural safeguards. That is because on April 8, 2017 the House of Delegates passed the West Virginia Safer Workplaces Act.


Photo of Stephen J. Golder
Business succession planning is a process. It takes time to define your goals and structure your plan to best achieve those goals. This blog is the third in a series of six designed to help small business owners make important decisions about business ownership transition. Whether you do business in West Virginia (WV) or elsewhere, you'll learn helpful tips from reading this blog series.

Inadvertent Disclosure of Confidential Information: File Sharing and Privilege Waiver

Photo of Kierston Rosen
Cloud computing services such as Dropbox, Google Drive, and Box, Inc. 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? What about attorney work product protection? This blog examines the potential effects of inadvertent disclosure of confidential information.

How to Handle Anonymous Complaints: Pay Attention Now or Pay Your Attorney Later

Photo of Steven Snyder
Should your company pay any attention to anonymous complaints? I have heard several people say that anonymous complaints are not worth the paper they are written on. The last time I heard such comments came during a presentation I gave on employee handbooks. I was outlining the elements of a good handbook policy on sexual harassment. One element I advocated is a channel for employees to anonymously report sexual harassment as well as any other complaints.


Photo of Stephen J. Golder
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." This second blog will help you define your succession planning goals and get started in the business succession planning process.
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