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 firstname.lastname@example.org.
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 email@example.com 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 firstname.lastname@example.org
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 email@example.com with any questions.
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.
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.
Please email Lyne Ranson at firstname.lastname@example.org 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
Government Lawyers Committee
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
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
Thank you to all speaker at the Advanced Mediation Training in Bridgeport on July 29, 2021. Kwame Christian, M. A. Esq., American Negotiation Institute, LLC, gave a great presentation on "Moving Through Mediation." He is pictured during his presentation and with past President Monica Nassif Haddad. Also in attendance and pictured below are past Bar Presidents Robert M. Steptoe, Jr., Debra H. Scudiere, Elliot G. Hicks, Monica Nassif Haddad, and Judge Michael J. Aloi. ... See MoreSee Less
The WV State Bar is pleased to announce this month’s MoreThanALawyer recipient, Duane Ruggier, a litigation attorney with Pullin Fowler Flanagan Brown & Poe, PLLC in Charleston, who has relentlessly advocated for a more accessible West Virginia to those challenged with a physical handicap. Duane was nominated by Vic Flanagan and Monica Nassif Haddad. Read below for Duane’s inspiring story.***************************************************************************Duane Ruggier was diagnosed with multiple sclerosis in his first year of law school in 1995. Duane, a high school athlete in basketball, soccer and tennis, went from walking and running normally to “walking the walls” and then using a cane, a walking rollator and now, a power chair. Despite his diagnosis, Duane continued to be a strong advocate for maintaining an active and productive lifestyle despite one’s disability. “I have never thought that things get better by just sitting on the couch worrying about your problems. I have always believed that it is better for you, your family and your State to get up and go to work no matter what your particular malady is.” Duane has devoted significant time and effort to the National MS Society and in making West Virginia more accessible to his fellow disabled individuals. “Though I knew that I had to first provide for my family, it was also important for me to help those with MS and to make our State more accessible to all individuals. If you are not in a wheelchair then you just can’t understand that a three-inch curb might as well be 10 feet high or that a bathroom without grab bars prevents you from using the bathroom or that having to park at the back of the parking lot is too far of a distance to actually make it to the courthouse.” Duane’s practice requires him to travel throughout the State, exposing him to many courthouses and businesses. “Wherever I go I try to make a positive change if I can.” With Duane’s advocacy he has been able to bring about changes to facilities such as courthouses, hotels, restaurants, schools and shopping centers including handicapped parking spaces at the Federal Courthouse in Charleston, the Harrison County Courthouse, Hurricane Middle School, Hurricane City Hall, CAMC General and at convenience stores, hotels and law firms around the state. He was also pivotal in creating handicapped bathrooms at the West Virginia Supreme Court, the West Virginia State Bar, CAMC Teays Valley, Logan County Courthouse, and in many law firms and restaurants. Duane is relentless in his quest for accessibility for the handicapped. Duane also serves on the West Virginia Access to Justice Committee where he has assisted with garnering over $500,000 in ADA improvements to West Virginia courthouses. Dan Kimble, Director of the WV Access to Justice Commission, praises Duane: “As a member of the Access to Justice Commission, Duane has been invaluable in helping the Commission members, WVU College of Law students, government officials and the public, gain awareness to the barriers that limit the full potential of those with handicapping conditions. The great thing about Duane is that he doesn’t just see the barriers; he goes through them!” As a member of the Board of Governors of the West Virginia Multiple Sclerosis Society, Duane is a frequent speaker and advocate regarding Multiple Sclerosis. With the assistance of his law firm, he has helped raise tens of thousands of dollars for the MS Society with their involvement in the MS 150 Bike Race, Dinner of Champions, MS Art Auction and the Women on the Move Luncheon. In 2015, the Inaugural Duane Ruggier MS Golf Tournament was first held at the Berry Hills Golf Club in Charleston, WV with all proceeds from the tournament going to benefit the MS Society. The annual tournament is supported by attorneys from all across the State of West Virginia from both the Plaintiff and Defense bars and hosts golfers from as far away as California and Texas and even Sweden. This year’s Sixth Annual Duane Ruggier MS Golf Tournament will be held at the Sleepy Hollow Golf & Country Club in Teays Valley, WV on October 11, 2021. Please contact Duane if you are interested in participating or sponsoring at email@example.com.Duane resides in Hurricane with his wife, Jennifer. He is grateful for the support of his wife and children, Duane III, Anthony, Isabella, Gabriel and Hannah. “When you have MS, the entire family has MS, and I am more than blessed to have an entire family behind me.” Thank you Duane, for your relentless advocacy improving the quality of life and ensuring the legal rights of those challenged by disability and for being so much More Than A Lawyer.*****************************************************************************What is our MoreThanALawyer campaign all about? It highlights all the ways West Virginia’s attorneys impact lives within and outside of their profession. West Virginia's lawyers are service members, volunteers, mentors, coaches, musicians and committed advocates. In all of these roles, they make a difference in their community. Each month we share a MoreThanALawyer story on West Virginia State Bar’s Facebook and Twitter pages. ... See MoreSee Less