Many IRA owners have named trusts as their IRA beneficiaries. You may be one. Trusts offer control from the grave and can be a smart choice, especially to protect beneficiaries who may be minors, have special needs or simply are not good with money; however, naming a trust as an IRA beneficiary has always had […]
The end of the year represents the perfect opportunity to reflect on the last twelve months and to review your overall personal financial situation. We’ve now had a year to assess the impact of last year’s tax reform bill and to understand how your own tax situation was affected. Reviewing your tax returns and helping […]
Blogger: Erin J. Webb
ewebb@kaycasto.com
Employers have been waiting with great anticipation for the new changes to the overtime exemption rules under the Fair Labor Standards Act since the final rule issued by the Department of Labor under the Obama Administration, in May 2016, was enjoined nationwide by a federal court later that year. The wait is […]
Teresa J. Dumire, a member of the firm’s management committee and the managing member of our Morgantown office, recently delivered the keynote address at the WVU Honors College Medallion Ceremony. Her speech, “Tips for Being a Successful Leader (and a Happy Person)” were so well received that we thought our readers should benefit from her wit […]
What may be acceptable behavior and entirely well-intentioned to one person may not be perceived similarly by others. This particularly holds true in the workplace, where co-workers are encouraged to form social bonds while maintaining professionalism. In a recent decision, the United States Circuit Court of Appeals for the Ninth Circuit in California recognized a […]
Phantom damages are once again in the legislative crosshairs of West Virginia’s legislative session. Over the last several sessions, there have been a number of tort reform measures enacted into law, including changes to West Virginia’s joint and several liability and comparative fault rules, as well as statutory limitations on punitive damages.
The 2017 Legislature is […]
By: Michael T. Chaney
First it was the stone and chisel, then papyrus and quill, then paper and pen. But now that we are in the electronic age, can business be transacted without any paper or other physical record?
Under the Uniform Electronic Transactions Act (“UETA”), the answer is yes.
UETA is a law that was proposed by […]
Nearly everyone in West Virginia has been impacted as a result of last week’s unprecedented storms and subsequent flooding. Some spots in West Virginia saw more than a foot of rain in a matter of hours. The impact of the string of storms is staggering. We’ve seen images which tug on our collective heartstrings, as some folks […]
Charleston, W.Va. (June 29, 2016) — Nearly a week after severe storms produced catastrophic flooding throughout The Mountain State, Kay Casto & Chaney jumped to action to help those individuals and businesses impacted by weather devastation.
Within the firm, lawyers and staff members responded to community calls for help by donating cleaning supplies, personal hygiene products, […]
On May 16, 2016, the Supreme Court of the United States issued its opinion in the closely watched case of Spokeo, Inc., v. Robins, No. 13-1339. Spokeo, Inc. is an online information aggregation service that, in response to requests, searches a wide array of databases and generates a profile of the subject of the search. […]
The leaves are gone and the wind is chilly. Folks across the state take to their tree stands to stare down the scope at the prized buck that has ravaged the tomato garden all year long. Thanksgiving equates to hunting in West Virginia. With the onset of buck gun season, it’s important to note some practical […]
Not that I’m a name-dropper or anything, but the recent visit to Charleston by a number of Serbian judges to learn about our state and federal judicial systems recalled to me my visit with Crown Prince Alexander II of Serbia.
Serbia (officially “The Republic of Serbia”) is, as virtually every West Virginian knows, the crossroads of […]
The West Virginia maple, oak, and elm trees are beginning to turn lustrous shades of red, yellow, and orange. This annual transformation can only mean one thing: the return of WVU and Marshall Football? Correct! Additionally, the change in seasons signifies the onset of hunting season (a.k.a. “Camo and Ammo Time”).
Hunting is ingrained in the […]
*Published by the West Virginia Chamber of Commerce; HR JOURNAL (SUMMER 2015)
By Constance H. Weber and William M. Swann
Kay Casto & Chaney PLLC
The West Virginia Wage Payment and Collection Act (“WPCA”) has historically been a steady source of revenue for trial attorneys. These entrepreneurial spirits would find clients recently separated from their employment, examine the […]
We’ve all seen liability waivers. Chances are, you’ve been asked to sign one before your child goes on a school field trip to a museum or zoo. Corporate events such as whitewater rafting and other adventure excursions are good examples. So are 5K runs and distance walks to support charitable organizations.
Some folks will tell you that […]
Many families live in communities that require active participation in a homeowners association. These homeowners associations benefit their members by way of maintaining common areas and roads. In return, members of the homeowners association pay fees to the association. But, what happens when a member of a homeowners association fails to pay the requisite fee? Does the homeowners […]
Once again, the topic of privacy and security of electronic data has captured headlines with news that 21.5 million Americans have had their private information stolen in an attack on the government’s Office of Personnel Management.
More recently, pharmacy chain CVS has taken its online photo center offline after discovering that customers’ personal credit card data may […]
We all try to engage in charitable activities to support local causes, which are near and dear to us. High schools host “50/50” raffles during sporting events to raise money for new equipment. A church hosts an “elimination dinner” so as to help a young family with a sick child.
These activities are undertaken to help, […]
By: Debra Scudiere, Kay Casto & Chaney PLLC
To those of you who read my first blog about those mindless, annoying things that advocates sometimes do in mediations, here is the rest of my Top Ten List:
Anyone participating by phone who:
Goes to lunch or to another meeting or to the bathroom and can’t be reached at
[…]
On April 16, 2015, the National Association of Insurance Commissioners (NAIC) Cyber Security Task Force issued its “Principles for Effective Cybersecurity: Insurance Regulatory Guidance.” The principles, which can be found here, are to serve as guidance to state insurance regulators in identifying safeguards that insurers and producers should have in place to protect consumer data […]
Of the many pieces of tort reform legislation to emerge from the 2015 West Virginia Legislature, one of the most important was HB 2002, which becomes effective on May 25, 2015. HB 2002 substantially changes West Virginia’s comparative fault regimen and abolishes joint and several liability by repealing two code sections: W.Va. Code §§55-7-13 and […]
Law
The recently completed legislative session brought forth many legal changes intended to improve the business climate in West Virginia. SB 13, relating to the “open and obvious” doctrine, was one of the first legal changes that completed the legislative process.
“Open and obvious” was a West Virginia legal doctrine enacted in 1902 and subsequently affirmed until […]
Debra Scudiere, Kay Casto & Chaney PLLC
I love the whole process of mediation, and those of you who know me know that I’m an optimistic, upbeat kind of gal. However, I warn you ahead of time that this discussion is purely negative. It is all the “don’t’s” for you to remember as you prepare for […]
In December 2014, craft beer enthusiasts in the Capitol City let out a growl when they discovered they would no longer be able to fill growlers from the Charleston Brewing Company at Black Sheet Burrito and Brews due to antiquated alcohol licensing statutes.
Fast forward six weeks and three pieces of legislation have been introduced in […]
Since our founding nearly 100 years ago, Kay Casto & Chaney has assembled a team of experienced practitioners who are known for their expertise in virtually every area of law. Indeed, this year 21 of our firm’s 37 lawyers were selected by their peers for inclusion in The Best Lawyers in America – a number […]