Bar Blast – February 13, 2018

February 13, 2018
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Updated Privacy Related Legal Resources
The West Virginia Executive Branch recently updated its HIPPA Preemption Analysis.There is also a summary and flow chart explaining the mechanics of HIPPA preemption. Additionally, the Executive Branch’s Privacy Requirements Document was recently updated, and provides a summary of all privacy laws impacting the enterprise. Both are revised annually to support internal privacy compliance, and may be useful to others as a resource. Any questions may be directed to Sallie Milam, WV’s chief privacy officer, at 304-766–2646 X57624 or sallie.h.milam@wv.gov.

2018 State Bar Membership Directory
The 2018 edition of the membership directory will be available soon. To advance purchase a paper version, go to www. legaldirectories.com.

Judges Needed for Energy Moot Court Competition
The National Energy and Sustainability Moot Court Competition, hosted March 8-10 by WVU Law, is looking for volunteer judges. Early round judges must be an attorney of good standing licensed to practice law in any state. Final round (March 10 afternoon) judges must be a federal or state appellate judge. Now in its eighth year, the competition attracts exceptional law students from across the country. For details, email wvumoot@mail.wvu.edu with “Judge 2018” in the subject line. For more information on the competition, click here

West Virginia State Bar Subcommittee
President Meshea Poore has divided the State Bar’s Task Force on the Future of the Law (FOL) into two subcommittees, one of which will deal with changes in the practice of law springing from technology.  Jill McIntyre will chair the FOL’s Technology Subcommittee, joined by Shannon Smith and Burt Hunter.  The committee intends to investigate issues like artificial intelligence and online legal services (replacement technologies), attorney-client matching services (a marketing technology), and the technology-facilitated phenomenon of cross-jurisdictional practice.  What is coming to challenge and disrupt our practices?  What is welcome?  How will we respond and adapt?  If you are interested in serving on this subcommittee, please contact Jill McIntyre at jmcintyre@jacksonkelly.com

Freedom Chemical Spill Claims Due February 21, 2018
The claims period for Freedom Chemical Spill settlement class members to file ends February 21, 2018.  Attorneys who assist class members in filling out claim forms may charge up to 15% of the amount recovered under the Settlement Agreement.
Residents and businesses, including non-profit organizations, residents who incurred medical expenses, women who were pregnant on that date and wage-earners who lost work at a location that was fully or partially shut down due to the spill, and governmental entities, at a location served by W. Va. American Water’s Kanawha Valley Treatment Plant on January 9, 2014, are eligible to file claims under the settlement agreement.  Some class members, depending on their circumstances, may have multiple claims.
The case website, https://www.wvwaterclaims.com/ has downloadable forms, FAQs with answers and an “800” number for further inquiries at 1-855-829-8121. Claims may be submitted online or by mail. Because the Settlement Administrator has been delayed in acknowledging receipt of claims, it is advisable to file by certified mail and keep a copy.

Government Lawyers Reception
All West Virginia lawyers are invited to an April Fiesta Government Lawyers Reception to be held at the offices of Pullin, Fowler, Flanagan, Brown and Poe, 901 Quarrier Street, Charleston on April 19th, beginning at 5 p.m. and ending at 7:30 p.m. There will be an Art Walk in Charleston that evening and the Government Lawyers Committee is holding the Reception to correspond with Art Walk. Artwork by West Virginia attorneys may be displayed. The Committee is still working on the logistics. The Reception will provide a Taco Feast, Sangria and beer and the fabulous musical stylings of the St. Marks Steel Drums. All West Virginia lawyers are invited! Contact Barb Baxter at barb.l.baxter@wv.gov with any questions.

Newspaper Article
The State Bar received some positive publicity relating to its recent upgrades in technology. Click here to view the article published in The West Virginia Record.
Public Comment

Request for Public Comment on Proposed Amendments to Rule 1.2 of the Rules of Professional Conduct (Addressing the West Virginia Medical Cannabis Act) 18-Rules-01
Comments must be filed in writing with the Clerk of Court on or before February 16, 2018. Click here to view a copy of the order.

Request for Public Comment on Legal Ethics Opinion
The following L.E.O. was approved for publication for public comment at the January 26, 2018 meeting of the Lawyer Disciplinary Board. Please submit your comments by May 15, 2018. Please send them to: L.E.O. Public Comments, Office of Disciplinary Counsel, 4700 MacCorkle Avenue SE, Suite 1200C, Charleston, WV  25304. Click here for a copy of the opinion.

Annual Report of the Lawyer Disciplinary Board
Click here for a copy of the report
Upcoming Events

February 15, 2018
“A Conversation with Joanna Tabit”
CLE-WV Credits Pending
Host: Defense Trial Counsel of West Virginia
Location: Blennerhassett Hotel, Parkersburg, WV
Visit www.dtcwv.org for more information.

March 8, 2018
Free and Live
10:00AM-1:00PM CLE Seminar
IT Security for a Small Firm, Marketing for a Small Firm, and Video Conferencing for a Small Firm
CLE- 3 hours in Law office Management
Location: State Bar Center, Charleston, WV and broadcast online via video conference
Click here to register.

March 23, 2018
West Virginia Bankruptcy Seminar
Host:
United States Bankruptcy Courts for the Northern and Southern Districts of West Virginia and the Bankruptcy Law Section of the West Virginia State Bar
Location: Marriott Town Center, Charleston, WV
Click here for the agenda.
Contact Lisa McNeil at 304-234-4003 or lisa_mcneil@wvnb.uscourts.gov with questions.

April 8-9, 2018
West Virginia State Bar’s 2018 Annual Gathering at the Greenbrier
6-Hours CLE Credit

April 20, 2018 8:30-5:00
Family Law CLE
Host:
Kanawha County Family Law Bench-Bar Committee
Location: India Center in Southridge
Please email Lyne Ranson at lyne@lyneranson.com with any questions.
Click here for the schedule and registration form.

Save the Date: April 24, 2018 12:00-2:00
Free and Live
Government Lawyers CLE Seminar 2-Hours general credit
Host:
Government Lawyers Committee
Location:
Via video conference

Save the Date: May 18, 2018
Mountain State Bar Association Annual CLE
6 Hours CLE Credit
Location: Shepherdstown, WV
Registration begins April 1, 2018
 
Contact Cheryl Henderson at 304-523-5732 with questions.

Save the Date: May 23, 2018 10:00-1:00
Free and Live
Marijuana Law Webinar
3 CLE Credit Hours (general)

June 13-14, 2018
Basic Mediation Training
Host: State Bar ADR Committee
Location:

 Days Inn and Suites, Flatwoods

Approved for 16.5 CLE credits including 1.0 in Ethics
A block of hotel rooms has been reserved at a discounted rate ($89.99) for the event. In order to receive the discounted rate, inform the hotel that you are attending the WV State Bar’s event when making your reservation. Contact Cathy Shuman at 866-700-7284 X101 to reserve your room
For more information and to register for the event, click
here. Click here for a copy of the agenda.
THIS TRAINING IS OFFERED EVERY OTHER YEAR SO THE NEXT TRAINING WILL NOT BE UNTIL 2020. 

Save the Date: June 14-15, 2018
2018 Annual Indigent Defense Conference
Host: Public Defender Services
Location: Stonewall Resort, Roanoke, WV

Save the Date: June 28, 2018
8:30-4:30
Hot Topics for Government Lawyers
Host: Government Lawyers Committee
Location: West Virginia House of Delegates Chamber* State Capitol Complex, Charleston, WV
*In the event the Legislature is in session, the seminar will be held in the Capitol Room of the State Training Center.
Contact Martha Hill at martha.j.hill@wv.gov with any questions.

Save the Date: July 11, 2018
Advanced Mediation Training
Host: State Bar ADR Committee
Location: Bridgeport Conference Center