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Image of an automobile seatbelt, representing the discussion of evidence of seatbelt non-use in the WV Legislature.

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

By Steven Patrick Turner Of Jenkins Fenstermaker, PLLC on 03/06/2018

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?


Image of a chalkboard displaying a light bulb surrounded by a cloud, symbolizing thinking about all potential outcomes of a business ownership transition in WV, KY, or OH.

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

By Stephen J. Golder Of Jenkins Fenstermaker, PLLC on 03/01/2018

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

By Jenkins Fenstermaker, PLLC on 02/27/2018

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.


An image of a Lady Justice desk ornament.

Defining Your Business Succssion Planning Goals

By Jenkins Fenstermaker, PLLC on 02/22/2018

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.


Image of a construction hardhat, representing workers and continuing attempts to revise West Virginia's workers' compensation law. Learn more about the potential effect of intermediate appellate court on WV workers' compensation in this blog.

The Potential Effect of an Intermediate Appellate Court on WV Workers’ Compensation

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 02/19/2018

A potential legal change that is often brought up in the West Virginia (WV) Legislature is the creation of an intermediate appellate court in the Mountain State. Experienced WV workers’ compensation attorneys recognize that such a change could substantially impact workers’ compensation claims. This blog considers the potential effect of an intermediate appellate court on WV workers’ compensation. 


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