injury cases. However, personal injury is only one part of civil plaintiffs’ law. The reality is that our civil justice system is one of the most important protections available to all West Virginians, including individuals and business owners alike.
This is especially true for small businesses. When a large corporation harms these businesses, our civil justice system levels the playing field, ensuring even the wealthiest corporations are held accountable. It is only in our courts that a business, regardless of the size of its staff or checking account, is equal to corporations worth billions.
One example is when insurance fails to pay legitimate claims. Businesses purchase insurance policies to protect them against property damage, interruption in production, liability protection and more. When insurers refuse to pay or lowball and delay these claims, the business is forced to take its insurer to court.
Another is misappropriation of trade secrets. In one case, a company that developed specialized electronic flow computers protected its proprietary technology through a non-disclosure agreement. After being acquired by a larger corporation, its customers violated the agreement, reverse engineered the technology and developed a competing product. The developer filed suit and the Putnam County jury decided in its favor. The verdict was upheld by both the West Virginia Supreme Court and the Supreme Court of the United States.
Each day West Virginia civil plaintiffs’ attorneys represent state businesses harmed by misconduct.
PROPERTY & TRANSACTIONAL LAW
Written by Christopher C. Luttrell, General Partner, Conrad Luttrell LLP
For much of the public, a real estate transaction appears relatively simple. A contract is signed, financing is secured, documents are executed and ownership changes hands. Behind that seemingly routine process, however, is a substantial amount of legal work designed to ensure the title is marketable, liens and encumbrances are addressed, funds are properly handled and the transaction closes as intended. Throughout that process, the real estate attorney serves as a steward of the transaction, protecting the interests of the parties and helping ensure that what is often an individual’ s largest investment rests upon a sound legal foundation.
Much of a real estate attorney’ s work involves identifying problems before they become disasters. A title examination may uncover an unreleased deed of trust, a probate issue, a boundary dispute or other title defect. Clients rarely encounter those issues because they are identified and resolved before closing.
In recent years, the threats facing real estate transactions have evolved dramatically. Wire fraud and impersonation fraud have become increasingly sophisticated, with criminals using stolen identities, fabricated documents and AI to pose as buyers, sellers and other participants in a transaction. As the tools become more convincing, verification becomes more critical. Thus, the role of the real estate attorney extends beyond title examination and closings. It requires experience, judgment and a healthy degree of skepticism.
Transactions move quickly, the stakes are high, and there is little room for error when clients are entrusting you with their homes, investments and, often, life savings. •
BEWARE OF SCAMS
THE WEST VIRGINIA ATTORNEY GENERAL’ S OFFICE IS HERE TO HELP
The Consumer Protection Division works to protect the people of West Virginia against unlawful practices in the purchase of goods and services.
Call the Consumer Protection Hotline at 800-368-8808 or visit ago. wv. gov to file a complaint or if you need help with scams, robocalls, preneed funeral contracts & identity theft.
SCAN THIS QR CODE TO FILE A COMPLAINT ONLINE
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