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Articles, Alerts and Publications

  • Mohawk Industries, Inc. v. Carpenter: Signaling the Future of Interlocutory Appeals

    5.12.10  Amy M. Smith
  • FERC Seeks Comment on Penalty Guidelines

    4.22.10  Kurt L. Krieger
    FERC Seeks Public Comment on Penalty Guidelines On April 15, 2010, the Federal Energy Regulatory Commission (FERC) announced that it will suspend and open to public comment the Policy Statement on Penalty Guidelines (Policy Statement), which FERC...
  • Don't Miss the Mark

    4.19.10  Diane Burke
    DON’T MISS THE MARK: PROVIDING PROPER NOTICE OF PATENT RIGHTS Benefits of Patent Marking 35 U.S.C. § 287 of the Patent Act provides that a patentee selling its invention may give notice to the public that the invention is patented by marking...
  • Corporate Political Ads Approved in Kentucky Elections

    4.13.10  George Carenbauer & Eric Lycan
    Responding to a request filed by Steptoe & Johnson on behalf of the Kentucky Chamber of Commerce, the Kentucky Registry of Election Finance has advised that the First Amendment protects independent expenditures to advocate the election or defeat of...
  • Court Decision Could Limit Product Warranty Restrictions

    4.13.10  James Mulhall
    Any manufacturer, distributor or seller of products will want to pay close attention to how the West Virginia Supreme Court decides a case that will have important implications on product warranties. The Supreme Court is being asked whether a store can...
  • FERC Holds Workshops on Penalty Guidelines

    4.08.10  Kurt Krieger
    FERC Holds First Workshop on New Penalty Guidelines - Emphasis on Company Compliance Programs On April 7, 2010, the Federal Energy Regulatory Commission (FERC) held its first workshop on the new penalty guidelines that were issued in its March policy...
  • The Good, The Bad & The Ugly

    4.05.10  Greg Goodykoontz & Misty Heitz
    The Good, The Bad & The Ugly: Medical Monitoring in WV On Friday, March 26, 2010, the West Virginia Supreme Court of Appeals decided the appeal of a nearly $400 million jury verdict rendered in Harrison County, West Virginia against the former...
  • Copyright Tips for Architects, Builders & Owners

    3.31.10  Diane Burke
    The Architectural Works Copyright Protection Act of 1990 provides protection for a constructed building or architectural plans, models or drawings as an architectural work. The work includes the overall form as well as the arrangement and composition of...
  • Court Amends Asbestos Case Management Order

    3.26.10  James J.A. Mulhall
    West Virginia Court Amends Asbestos Case Management Order The Case Management Order that applies to West Virginia asbestos cases has recently been revised to require plaintiffs to provide more details about the money they receive or are expected to...
  • Pa. Supreme Court Construes Royalty Act

    3.26.10  Patricia Proctor
    Supreme Court of Pennsylvania Construes Statute to Allow Royalty Value Calculation at Wellhead In an eagerly anticipated ruling issued yesterday, the Supreme Court of Pennsylvania has construed Pennsylvania’s Guaranteed Minimum Royalty Act (GMRA) to...
  • Pa. Governor Approves First Marcellus Shale Legislation

    3.23.10  Daniel Kostrub
    Pennsylvania Governor Approves Senate Bill 297 Establishing Marcellus Shale Production Reporting Requirements After more than a year in the General Assembly of Pennsylvania, Senate Bill 297 was approved by Governor Rendell on March 22, 2010, which...
  • TETCO Pipeline Restrictions Effective April 1

    3.22.10  Sharon Flanery
    TETCO Pipeline Gas Quality & Interchangeability Restrictions Effective April 1 Texas Eastern Transmission, LP (Texas Eastern), a wholly owned subsidiary of Spectra Energy Transmission, LLC, owns and operates an interstate natural gas transmission...
  • Marcellus Shale Webinar Series Part III Now Available for Download

    3.22.10  
    The complete Marcellus Shale Webinar Series is available for free download on Steptoe-Johnson.com.  Click here to visit the energy webinar page for free PowerPoint presentations and video downloads.
  • Court Finds Balance in Coal and Conservation

    3.05.10  Robert D. Pollitt
    On February 12, 2010, the United States District Court for the Southern District of West Virginia entered an order denying a motion by Loadout, LLC and Coal River Mining, LLC (Loadout) to stay the Court's previous Order of November 24, 2009 related to the...
  • The Latest on S.B. 643

    3.05.10  Armando Benincasa
    In a previous update, we told you about The West Virginia Legislature's consideration of a bill that would further regulate the natural gas industry. S.B. 643 would regulate public highway use by the industry as well as implement new permitting, training...
  • SEC Issues Climate Change Disclosure Guidance

    2.26.10  Kathy Milenkovski
    SEC Issues Guidance Regarding Climate Change Disclosures Under Existing Rules Regulation S-K provides the framework that publicly traded companies must follow when making disclosures and reports to the Securities and Exchange Commission (SEC). These...
  • NIOSH Seeks Comment on Asbestos, Nanoparticle Report

    2.24.10  James J.A. Mulhall
    NIOSH ACCEPTS PUBLIC COMMENT ON REPORT CONCERNING ASBESTOS FIBERS AND NANO PARTICLES The Federal Government continues to study occupational health issues related to asbestos fibers and other particles, including nano particles. (Nano particles are...
  • U.S. Chamber of Commerce Challenges EPA's Decision

    2.19.10  D. Eric Lycan
    U.S. Chamber of Commerce Challenges EPA's Decision to Regulate Greenhouse Emissions On February 12th, the U.S. Chamber of Commerce filed a formal petition in federal court challenging the authority of the U.S. Environmental Protection Agency to...
  • Marcellus Gas Well & Water Resources Bill Introduced in Legislature

    2.17.10  Armando Benincasa
    The introduction of legislation relating to Marcellus Shale continued yesterday in West Virginia with House Bill 4513 by Delegates Manchin, Beach, Caputo, Fleischauer, Iaquinta, Longstreth, Mahan, Manypenny, Marshall, and Perdue. While the proposed...
  • Mine Fatalities Prompt MSHA Inquiry

    2.10.10  Melanie Norris
    Mine Fatalities Prompt MSHA Inquiry & Possible Regulations Since 1983, there have been 31 fatalities involving Remote Control Continuous Mining Machines (RCCMs) that have pinned, crushed or struck RCCM operators or other miners working nearby....
  • Helping MPOAs & Surrogates Navigate the Law

    2.05.10  Pat Kelly
    After being appointed as a representative under a Medical Power of Attorney or as a Health Care Surrogate for an incapacitated patient, people appointed as the representative or surrogate often do not know what they can and cannot do. Our firm, in...
  • EPA Seeks Citizen Reports of Oil & Gas Drilling

    2.02.10  Marsha Hudkins
    EPA Seeks Citizen Reports of Suspicious Oil and Gas Drilling Activities On January 27, 2010, the United States Environmental Protection Agency (EPA) announced the Eyes on Drilling tipline for citizens to report non-emergency suspicious activity...
  • W.VA. Court Decision References Air Testing Data

    1.29.10  James J.A. Mulhall
    The use of air sampling data is frequently an important part of a toxic tort case. The West Virginia Supreme Court recently released an opinion in which it addressed a permitted use of air sampling data at the time of trial, even when an applicable...
  • Why Employers Should be Concerned about HB4010

    1.29.10  Carolyn Wade
    WHY EMPLOYERS SHOULD BE CONCERNED ABOUT THE PERSONNEL FILE BILL Once again, a bill -- HB 4010 -- has been introduced in the legislature that would give all employees the right to inspect and copy their personnel files. This year, however, it appears...
  • U.S. Supreme Court Releases Major Opinion

    1.26.10  George Carenbauer/Eric Lycan
    U.S SUPREME COURT ALLOWS CORPORATIONS TO MAKE INDEPENDENT EXPENDITURES FOR OR AGAINST CANDIDATES IN ELECTIONS The U.S. Supreme Court released a major opinion holding that the Federal law banning corporate funding of “independent expenditures” for or...
  • Law 360 Ranks Three of Steptoe & Johnson’s Practice Areas

    1.08.10  
    Steptoe & Johnson has been ranked among the 100 largest firms in three different practice areas according to Law360. The practice areas and numeric rankings include: Employment (89), Energy (25), and Insurance (86). The rankings resulted from a survey...