Joe is a member in the Charleston office where he has a diverse commercial litigation practice, engages in appellate advocacy, and also advises clients on regulatory and government relations matters as a principal of the firm’s public affairs subsidiary, CivicPoint. In his litigation practice, Joe represents companies in state and federal courts across West Virginia in a wide array of matters, including contract disputes, construction litigation, class action litigation, shareholder derivative suits, employment actions, and insurance and bad faith claims. Joe’s construction litigation experience spans the oil and gas, renewable energy, and commercial real estate industries. Joe also has extensive experience defending financial institutions and other creditors against alleged violations of state and federal consumer credit and protection laws, including “predatory lending” and debt collection claims. In his regulatory practice, Joe combines his litigation skills with his government experience to advise and represent clients before various federal and state agencies, including the Federal Communications Commission, Department of Environmental Protection, State Tax Department, West Virginia Public Service Commission, West Virginia Health Care Authority, and West Virginia Ethics Commission. As a principal in FBT’s government relations affiliate, CivicPoint, Joe also lobbies the West Virginia Legislature and executive branch officials on behalf of clients in various fields, including the natural gas, health care, pharmaceutical and gaming and entertainment industries.
- Obtained dismissal of tort action seeking upwards of $20 million brought by pipeline contractor against midstream natural gas company on the grounds that that the contractor’s tort claims were within the scope of a mandatory forum selection clause that required actions filed under the contract between the parties to be brought in the midstream company’s home state.
- In 2017, Joe argued for and obtained dismissal of a shareholder derivative action in West Virginia Business Court that alleged mismanagement, self-dealing and breach of fiduciary duty by Joe’s officer/director client.
- Domestic Violence Survivors' Support Group, Inc. v. West Virginia Department of Health and Human Resources, Office of Health Facility Licensure and Certification, 238 W.Va. 566, 797 S.E.2d. 543 (March 1, 2017). Secured decision from Supreme Court of Appeals of West Virginia reversing circuit court ruling upholding agency's denial of a behavioral health center license to a non-profit domestic violence counseling center that was based upon the agency's erroneous interpretation of its own licensure rules and related statutory provisions.
- Negotiated and obtained FCC approval of purchase of spectrum frequencies for electric cooperative mission-critical SCADA system.
Memberships & Affiliations
- West Virginia State Bar
- District of Columbia Bar Association
- Maryland Bar Association