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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Image of hands shaking, representing how federal black lung settlement options could be beneficial in black lung defense in WV, as explained here by attorney James “Mac” Heslep at Jenkins Fenstermaker.

Black Lung Defense in WV: Settlements Could Benefit All

By James Heslep Of Jenkins Fenstermaker, PLLC on 07/15/2022

The political and legislative environment around federal black lung claims and benefits is complex and challenging for employers and employees alike. Unlike most claims filed for work-related injuries, federal black lung claims are not eligible for settlement.


:	Image with a man and a calculator, representing the difficulties of estimating liabilities for black lung claims in West Virginia and how Clarksburg, WV attorney James Heslep at Jenkins Fenstermaker, PLLC helps employers.

Estimating Liabilities for Black Lung Claims in West Virginia

By James Heslep Of Jenkins Fenstermaker, PLLC on 07/05/2022

When it comes to estimating liabilities for black lung claims in West Virginia (WV), and elsewhere, there seems to be only one consistent factor—the challenges and difficulty involved in determining the likely expense of an individual claim or calculating a business’ future liabilities. 


Image of a pile of freshly mined coal, representing how James “Mac” Heslep helps advise and defend coal operators and related businesses against liability under the federal black lung program.

An Overview of the Federal Black Lung Program

By James Heslep Of Jenkins Fenstermaker, PLLC on 05/13/2022

Businesses operating in and around the coal mining industry are at great risk of liability for claims under the federal black lung program. The legislation and supporting regulations establishing the ground rules for mining operator liability are complex and occasionally expanded upon in black lung court cases. Here, an experienced black lung defense lawyer offers a primer on the federal Black Lung Benefits Act (BLBA) for mining operators.


	Image of downtown Clarksburg, WV, representing how WV commercial real estate attorney Allison J. Farrell of Jenkins Fenstermaker, PLLC helps protect your interests throughout commercial real estate transactions.

When You Need a WV Commercial Real Estate Attorney

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 02/24/2022

When entering a West Virginia (WV) commercial real estate transaction, there are many legal and financial consequences to consider. Put simply, you don’t know what you don’t know. An experienced WV commercial real estate attorney can help with all aspects of a commercial transaction, including examining title, negotiating the deal, handling the closing, and helping resolve any post-closing disputes. 

Complications can arise at any time during a commercial real estate transaction. Having an attorney negotiate and oversee your deal is the best way of mitigating your risk in commercial real estate transactions in WV.  


Image of a handshake, representing how business services lawyers at Jenkins Fenstermaker, PLLC can help your company respond to the potential federal ban on non-compete agreements.

A Federal Ban on Non-Compete Agreements May Be Coming

By Jenkins Fenstermaker, PLLC on 02/08/2022

Non-compete agreements are provisions found in employment contracts that restrict an employee’s actions after leaving that employer. Covenants not to compete are regularly disputed, and states have struggled to balance an employer’s legitimate business interests against an employee’s right to switch employers. President Biden issued the Executive Order on Promoting Competition in the American Economy on July 9, 2021. With only vague direction ordering the Federal Trade Commission (FTC) to “curtail” the use of contracts to unfairly inhibit worker mobility, the extent to which this apparent federal ban on non-compete agreements will impact businesses bears watching.


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