User:Tmcchesney/Huddleston bolen

Huddleston Bolen LLP is a business-oriented law firm based in Huntington, WV, with offices in the neighboring cities of Charleston, WV; Ashland, KY; and Louisville, KY. Founded in 1871—just eight years after the creation of the state of West Virginia—it is one of the oldest firms in the state, with some of the longest standing relationships with businesses in the region. Today, the firm’s reach extends beyond West Virginia to Kentucky, Ohio, Maryland and across the United States. The firm is known for being customer-focused, community service-oriented and for having one of the largest as well as most far-reaching transportation law practices in the country. Lawyers from the firm represent clients in several areas of law, including banking law, construction law, corporate law, environmental law, estate planning, insurance law, litigation, labor and employment law, mass litigation, mineral law, real estate, tax law, toxic torts and transportation law (including rail, maritime and trucking). The firm represents companies, such as Marathon Oil, Natural Resource Partners L.P., Norfolk Southern Railway Corp. and Speedway SuperAmerica LLC, small businesses and entrepreneurs with a specific focus on the banking, insurance, energy, insurance, medical, manufacturing, natural resources & environmental and transportation industries. As such, it has earned the distinguished title of #1 law firm in the nation in the area of Railroad Law by Best Lawyers.

Brief firm history
The origins of Huddleston Bolen can be traced back to Eustace Gibson (born in Culpeper County, VA; 1842-1900) at the time of the birth of Huntington and, not coincidentally, the construction of a railroad terminus for the Chesapeake & Ohio Railroad on the banks of the Ohio River. Huntington was created in 1871 by Collis P. Huntington in order to expand the C&O railroad, and Mr. Gibson was commissioned by Mr. Huntington to handle his legal affairs.

Before pursuing a newfound legal practice in Huntington, though, Mr. Gibson was a talented Virginia lawyer who had enlisted in the Confederate Army in 1861 as first lieutenant and rose to captain in 1863, serving until he was wounded in action. At the request of Mr. Huntington, he arrived in Huntington to pursue a solo practice. While in Huntington, Mr. Gibson also served as a delegate from Cabell County for the State House in 1876, as Speaker of the House from 1877-88 and, finally, as a Democratic delegate to the U.S. House of Representatives from 1883-87. After unsuccessful renomination bids to the U.S. House in 1886 and 1888, he resumed his law practice and welcomed partner Henry C. Simms.

From there, the firm underwent several changes in name as well as in partners, from Eustace Gibson to Jackson N. Huddleston and Amos A. Bolen. In contrast to its growing make-up, the firm continues to have the longest standing relationship with a single client in West Virginia’s overall legal history. CSX Transportation, Inc., a direct descendent of the C&O railroad, continues to be represented by Huddleston Bolen lawyers.

Current approach to legal field
Since its beginnings in 1871, Huddleston Bolen has developed certain core business values on the grounds of improving client services and of growing in its practices.

Firm philosophy
The firm reports that it has chosen to commit itself to the principals established by the Association of Corporate Counsel’s Value Challenge, which focuses on building effective relationships between firms, its lawyers and staff and their clients, as well as to the principles proscribed by the American Institute for Managing Diversity, which believes that social and experiential diversity allow a firm to more effectively represent differing clients.

Value-based client service
The firm’s approach to client service establishes the following
 * Take the time to learn the client’s business and strategic objectives, at no cost, and applythat understanding to the client’s matters.
 * Give honest feedback on whether the client’s objectives in a matter are realistic and attainable.
 * Use the most appropriate staffing and tell the client if the firm doesn’t have the neededexpertise.
 * Designate a relationship manager, whose time will not be billed for this role.
 * Offer value-based alternative fee structures once the firm understands the client’s businessand legal needs.
 * Provide budgets and estimates for specific engagements up-front and advise the clientimmediately if there may be any material changes.
 * Continually search for ways to provide superior service at reduced costs.
 * Provide qualified, trained associates without imposing unwarranted costs on the client.
 * Use technology to the mutual benefit of the client and the firm, including billing.
 * Meet deadlines and keep in touch.
 * Commitment to pro bono and diversity activities.

Advocacy of client issues
The firm reports that it is a strong advocate and leader on issues important to its clients. Lawyers are involved in the West Virginia Chamber of Commerce, Defense Research Institute and the Defense Trial Counsel.

For instance, firm partners Fred Adkins and Luke Lafferre sought and won an Extraordinary Writ from the West Virginia Supreme Court of Appeals, thus making it more difficult for out-of-state plaintiffs to sue within West Virginia courts. This exact situation arose when former employees brought charges against CSX Transportation, Norfolk Southern Railway Company and Consolidated Rail Corporation for alleged asbestos exposure, despite being out-of-state residents. In supporting the writ, the Court completely reversed its own recent precedent and adopted the common-law doctrine of forum non conveniens, effectively extending the ruling to all civil actions taking place within West Virginia.

Diversity in the firm and among its business partners
The firm reports that its goal is “to create a diversity of thought and background” in the firm. Although it has to achieve some its diversity goals, it has reached the following:
 * 60% of the firm’s employers and owners are women.
 * 30% of the firm’s lawyers are women, including an office branch manager, the head of thefirm’s Bankruptcy Practice and a member of the firm’s Management Committee.
 * 50% of the firm’s lawyers are over the age of 40 while 50% are under.
 * 66% of the firm’s lawyers attended law school in states other than the places where officesare located.
 * Many of the firm’s business partners are woman-owned, including the firm’s primary accounting and financial consultant, court reporters, private investigators, vocation experts, temporary service agency, videographer/producer, expert witness/psychiatrist and caterer.
 * Many of the firm’s business partners are woman/minority-owned businesses, including the firm’s ergonomics/biomechanical consultants, employment consultants, mediators and methane expert.

Community involvement
The firm reports that it is also intent on empowering the community, especially underserved and underprivileged sections, with the motivation to improve its members’ quality of life. Community development programs that are supported by the firm include:
 * State Scholars Initiative, a national program in which the firm’s lawyers mentor underprivileged middle school students and their parents about the importance of taking advanced preparatory classes
 * Affrilachian Poets Society, a regional group of African-Americans living in Appalachia who encourage people to give voice to the unique experiences of African-Americans in Appalachia
 * Legal career workshops offered in partnership with the Weed and Seed Program to inform residents of historically black and economically disadvantaged neighborhoods about law firm careers
 * Credit management and estate planning seminars and other support for the Weed and Seed Program that target disadvantaged neighborhoods with crime eradication and community development programs
 * Community Gardeners, a local group of residents who are converting drug houses into gardenspaces and teaching residents about gardening and proper nutrition
 * Dress for Success, a national non-profit organization that provides training, mentoring,clothing and resources for underprivileged women entering the workforce
 * Philoptochos, a group that seeks to raise the standard of living and quality of life for women by addressing issues such as child abuse prevention, domestic violence, homelessness, pornography and drug and alcohol abuse
 * Create Huntington Institute, a local non-profit organization that provides leadership training for neighborhood and community organizations
 * West Virginia Legal Services, a state agency in which the firm’s lawyers conduct legal clinics for needy and at-risk women on pro se divorce and domestic violence prevention
 * Manna Meal, a local homeless shelter that provides services and shelter to needy persons

Investment in Technology
While the firm still values print media—as evidenced by its collection of nearly 30,000 up-to-date volumes dating back to the 1870s, thus making it the largest private law library in West Virginia—it also recognizes and appreciates the capabilities of technological systems. The firm has made use of advances in technology through the following:
 * a State of the Art Document Imaging System as well as an individual department to maintain the program, which has already digitized 9 million documents that can be accessed immediately via the firm’s website, reviewed and e-mailed to clients in a variety of formats
 * a new Multi-Media Presentation/Conferencing/Training Center that makes multi-media presentations, video conferencing and synchronization of media available for clients
 * a document management system that manages and organizes information produced by the firm as well as makes it accessible to clients through a secure, web-based interface

Areas of focus
As a long-time representative of clients such as CSX and Norfolk railway companies, the firm is known for having a focus on transportation matters. To back up this practice, the firm has access to a wide variety of accident experts who are available to be on-scene at an accident site within hours of the incident to collect facts, interview witnesses and communicate with the client.

The firm, thus, reports itself to be the preeminent railroad firm of the region, a title based on the following:
 * The firm has more railroad lawyers than any other firm in the 10-state region of the Mid Atlantic, Mid West and South.
 * The firm’s lawyers represent a full 1/3 of all railroad lawyers in Kentucky.
 * The firm has more railroad lawyers than all other firms in West Virginia combined.
 * The firm has more lawyers who represent railroads licensed in Ohio than any firm south of Cleveland or Toledo.

Recognition and rankings
Huddleston Bolen has the distinct honor of being the only law firm within West Virginia to be selected for membership in USLAW NETWORK, a national association of only 61 member firms from the United States that stay connected with one another in order to provide high quality legal services to global and national corporations. Other recognitions include the following: Super Lawyers includes nationwide listings of outstanding attorneys selected through third party research in addition to peer review as based on 12 indicators of peer recognition as well as on professional and civic achievements. The published list of Super Lawyers represents no more than 5% of the lawyers in each state while the list of Rising Stars represents only 2.5%.
 * Nominated by two of its longstanding clients (CSX Transportation and Norfolk Southern), the firm was recognized as a “Go-To-Law Firm” in the areas of Litigation and Labor & Employment Law both in Corporate Counsel magazine’s 2008 and 2009 editions. “Go-to law firms” are selected based on responses to a national survey by the General Counsel of Fortune 500 companies and leading financial service companies as well as on public filings and resources. According to Corporate Counsel, less than one-half of 1% of all law firms in the world are included in the magazine’s "Go-To Law Firm" list.
 * Nine and then eight of the firm’s partners were recognized, respectively, in the 2009 and 2010 Super Lawyers--Corporate Counsel Edition in the areas of Business Litigation, Class Action & Mass Tort, Employment & Labor, Energy & Natural Resources, Estate Planning, Insurance Coverage, Mergers & Acquisitions, Personal Injury Defense, Probate, Real Estate and Transportation Law/Maritime Law. Five and then six lawyers were recognized, respectively, in the 2009 and 2010 list of Rising Stars for Business & Corporate Law, Civil Litigation, Estate Planning and Transportation/Maritime Law.
 * Twelve of the firm’s practice areas have received “first-tier” rankings in the U.S. News-Best Lawyers 2010 “Best Law Firms” ranking, including Banking Law & Finance Law, Bankruptcy & Creditor Debtor Rights/Insolvency & Reorganization Law, Corporate Law, Employment Law–Management, Insurance Law, Labor Law–Management, Mass Tort Litigation/Class Action–Defendants, Mergers & Acquisitions Law, Oil & Gas Law, Railroad Law, Real Estate Law and Trusts & Estates Law. U.S. News-Best Law Firms is a ranking based on surveys with over 52,000 clients and 43,000 lawyers, including Fortune 1000 companies.
 * Nearly 40% of the firm’s lawyers were recognized in both the 2009 and 2010 Best Lawyers editions. Best Lawyers, the oldest and most respected peer-review publication in the legal profession, is an annual referral guide of attorneys based on peer review. In the 16th edition, around 40,000 attorneys were accepted into the list based on nearly three million evaluations.
 * The firm is one of only two firms in West Virginia, Eastern Kentucky or Southeastern Ohio recognized in Best Lawyers in the area of Appellate Law.
 * The firm was ranked #1 by Best Lawyers in the nation as well as in Kentucky and West Virginia in the area of Railroad Law; it was also ranked #1 in West Virginia in Securities Law, Mass Tort Litigation, Product Liability Litigation and Eminent Domain & Condemnation Law. In total, the firm was ranked on top in 32 individual categories.
 * Several of the firm’s partners were recognized in Chamber’s USA 2010 Guide to America’s Leading Business Lawyers in the areas of Commercial Litigation, Corporate Commercial Law, Labor & Employment law and Real Estate. These practice areas were also recognized separately, with Real Estate ranking as #1 in the 2010 edition. Chamber’s USA guide, which has been in existence for over 10 years, includes nationwide listings of leading attorneys as well as law firms that are selected based on interviews with lawyers and their clients, etc., on their legal ability, professional conduct and overall client service. Furthermore, according to an independent report by International In-House Counsel, it was found that of the 20,000 in-house counsel surveyed Chambers is most widely used for identifying law firms/individuals.

Notable firm partners
From Jackson N. Huddleston to Richard J. Bolen, partners from Huddleston Bolen have been nationally recognized for their legal work, have led state and county bar associations and have been extensively involved with non-profit/community organizations as presidents and board members.

Notable attorneys
Distinguished attorneys who have unique professional and/or civic achievements include the following:
 * Fred Adkins (current partner in Huntington office)—founder as well as first president of the Defense Trial Counsel of West Virginia
 * Richard J. Bolen (current partner in Huntington office as well as son of past partner Amos Bolen)—recognized as the 2010 West Virginia Bar Foundation Fellow for outstanding service to the legal field; first chairman of the Huntington Area Development Council, Inc.
 * James E. Cleveland III. (current managing partner of Ashland office)—recognized as the legal services advocate of the year at the 13th Annual Northeast Kentucky Small Business Awards ceremony; special justice to the Supreme Court of Kentucky as well as life member of the Sixth Circuit Judicial Conference
 * Thomas H. Gilpin (current partner in Huntington office as well as chairman of the firm’s Management Committee)—Vanderbilt University graduate as well as first law school student to be named a member of a Georgia state bar committee
 * Janet S. Holbrook (current partner in Huntington office)—handled over 20,000 bankruptcy matters as Chapter 7 panel trustee for the Bankruptcy Court for the Southern District of West Virginia, charter member of the West Virginia Chapter of the International Women’s Insolvency and Restructuring Federation and director of banking for the Kentucky Department of Financial Institutions; charter member of Ashland Cycling Enthusiasts, Inc.
 * Thomas J. Murray (current partner in Huntington office)—recognized in Best Lawyers since 1995 for work in Banking Law; Cum Laude Washington & Lee College of Law graduate
 * Kevin A. Nelson (current managing partner of Charleston office)—recognized for three years in Best Lawyers for work in Labor & Employment Law; Washington & Lee University graduate; named 2008 Mideast Sectional Coach of the Year for girls’ soccer by the NFHS Coaches Association, the 2006 and ’09 West Virginia Girls’ Class AA-A Region III Coach of the Year and the 2008 Kanawha Valley Girls’ Coach of the Year
 * Kathiejane Oehler (current partner in Louisville office)—president of the Louisville Figure Skating Club (competitive figure skater)
 * Christopher J. Plybon (current partner in Huntington office)—worked on a revised system for the sale of delinquent tax property in West Virginia; [[Vanderbilt graduate
 * Mary H. Sanders (current partner in Charleston office)—Fellow of the Litigation Counsel of America (a trial lawyer honorary society that recognizes less than 0.5% of lawyers nationwide)
 * Bruce L. Stout (current partner in Huntington office)—recognized for several years in Best Lawyers and selected for membership in the American College of Probate Counsel; recently published first book, "Estate Planning in West Virginia: Real Answers to Real Questions”

Notable Alumni
Distinguished alumni include the following:
 * William Beatty (past partner at firm)—arguer of the seminal labor case before the U.S Supreme Court called “The Steelworkers Trilogy” as well as Washington & Lee School of Law graduate
 * Amos A. Bolen (past partner at firm)—counsel to the C & O Railroad and to the Greenbrier Hotel as well as Magna Cum Laude Washington & Lee College of Law graduate; recognized in Sport’s Illustrated Silver Anniversary All-America Team (1958
 * Walter Brown (past partner at firm as well as son of previous partner Douglas W. Brown)—general counsel and vice president of Western Electric (1941) as well as Rhodes Scholar
 * Frank B. Enslow (past partner to Henry Simms as well as son of railroad contractor Andrew J. Enslow)—Huntington’s alleged first millionaire
 * Herbert Fitzpatrick (past partner at firm)—corporate officer, general counsel, vice president (1923) and eventually chairman of the board (1937-1940) to the C & O Railroad
 * Jackson N. Huddleston (past partner at firm)—personal friend of former U.S. Supreme Court Justice Lewis Powell as well as Harvard graduate
 * A. Michael Perry (past partner at firm)—president and CEO of First Huntington National Bank

Firm Experience
Huddleston Bolen lawyers practice and engage in all sorts of legal matters for global, national and local corporations, small businesses and entrepreneurs from various industries. The firm’s lawyers have successfully represented clients in cases involving dollar amounts of $10 to $100 million within both the state and federal court levels.

Practice areas
Following is a comprehensive list of the practice areas with which the firm has experience:
 * Appellate
 * Banking & financing
 * Bankruptcy
 * Corporate, business & commercial law
 * Class action & mass torts
 * Commercial litigation
 * Health care
 * Immigration
 * Insurance
 * Labor & employment
 * Natural resources
 * Rail transportation
 * Real estate
 * Solutions group
 * Trusts, estates & taxation

Major cases/deals
Following is a sampling of major cases successfully handled by the firm in the areas of banking & financing, class action, commercial litigation, natural resources, rail transportation and real estate:
 * Mergers & acquisitions (banking & financing)—The firm negotiated and documented the sale of numerous local manufacturing concerns, including: Water Works and Industrial Supply Company, Inc.; Ceramx Products, Inc.; and Ona Airpark and Speedway.
 * Railroad clients (class action)—The firm successfully defended against a group of mass FELA claims dating back to the late 1990s, whereby several hundred plaintiffs alleged diminishing cognitive function as a result of exposure to solvents. In one of the rare times in the nation’s history, the firm won the case as a result of Daubert being used to overturn the prosecution’s as an entire scientific hypothesis.
 * Real estate dispute (commercial litigation)—The firm successfully defended a leading global corporation against $100 million of damages when the firm’s client sold the same parcel of land in southern West Virginia to two separate companies with competing interests on the same day at virtually the same time. The firm secured success for its client by launching an innovative strategy that allowed the firm and its clients to work with a third party developer to structure a deal that would permit the two parties to use the same parcel of land for their individual needs.
 * Flood litigation (natural resources)—The firm is involved in the mass flood litigation (the largest in West Virginia history) that is making its way through the court system in southern West Virginia and that involves four thousand or so plaintiffs against dozens of companies in the natural resources field. The firm is the first to defend its six different clients in a Phase II. trial in addition to a Phase I. trial.
 * Asbestos reform litigation (rail transportation)—The firm is suing a group of law firms and plaintiffs on behalf of railroad clients for allegedly bringing fraudulent claims against railroad companies—this is a case that has been reported on in the Wall Street Journal and other national media and that has significant national implications.
 * Toxic tort (rail transportation)—The firm successfully defended a FELA malignant pleural mesothelioma case filed in West Virginia against CSX Transportation to a $350,000 settlement in October of 2009—such cases typically settle for more than a million dollars in total.
 * Crossing litigation (rail transportation)—The firm handled what is perhaps the most significant example of the exertion of contractual rights against a third party in a brain damage case that took place in Pike county, Kentucky. The settlement—in excess of $500,000—for damages received by an employee was paid entirely by cross-tie companies instead of the firm’s client.
 * Hazardous materials transportation (rail transportation)—The firm successfully defended CSX Transportation and brought suit against Falconbridge Limited, one of its business partners, in an acid-related incident that injured a CSX employee. This marks the first time that this Canadian chemical manufacture has been subject to jurisdiction for its direct dealings in the U.S.
 * Higher education (real estate)—The firm represented Marshall University and related research entities in the bond and other financing of dormitories, a wellness/recreation center and other facilities—making the firm the first in West Virginia to represent clients under a 2007 law that provides new financing mechanisms to the state’s universities.

Clients
Following is a sampling of clients represented by the firm:
 * Banking & financing—Community Trust Bank; First Sentry Bank; JP Morgan Chase & Co. (West Virginia, Kentucky and Ohio); Merrill Lynch Credit Corp.; Peoples Bank; Pioneer West Virginia Federal Credit Union; Premier Financial Bancorp, Inc.; United Bank
 * General corporate, business & commercial—American Electric Power; Cecil I. Walker Machinery, Inc.; Champion Industries; Logan Corp.; Rubberlite, Inc.; The Greenbrier Hotel; Ultimate Health Services, Inc.
 * Insurance—CNA Insurance; Fireman’s Fund; Gallagher Bassett Services; Liberty Mutual Insurance; Republic Western Insurance Co.; St. Paul Travelers; Swiss Re Insurance; Transamerica Insurance Group
 * Litigation—Dow Chemical Co.; Dynegy, Inc.; Exxon Mobil Corp.; FedEx; Honda North America; Kia Motors America; Marathon Petroleum Company LLC; Marathon Oil; Speedway SuperAmerica LLC; The Clorox Co.
 * Natural resources & environmental—Marrowbone Development Co.; Natural Resource Partners L.P.; Waste Management, Inc. (of North America); Western Pocahontas Properties Limited Partnership
 * Transportation—American Commercial Barge Lines LLC; Ashland, Inc.; Con-Way Transportation Services; Crete Carriers; CSX Transportation, Inc.; Illinois Central Railroad Co.; Norfolk Southern Corp.

Firm make-up/job positions
Huddleston Bolen has nearly tripled in size from the 1980s and intends to continue its growth through the recruitment as well as the retainment of paralegals, summer associates and full-time associates who are meant to then become partners. The firm is an equal opportunity employer.

Paralegals
Paralegals are a valuable part of the team at the firm and are qualified to work through either a college degree with legal or work-related experience or through a paralegal education. They work in various areas of practice, including bankruptcy, civil litigation, estates, insurance, medical malpractice, trusts and wills. Aside from participating in continuing education and seminars, paralegals are expected to bill 1,500 hours per year, only a slight rise from the 1,400 so popular back in 1997.

Summer associates
It is the firm’s intention to eventually employ summer associates as new associates; thus, summer associates are selected based on the firm’s needs as well as on the candidate’s demonstrated ability, dedication to perform high-quality work and intent to live in as well as to serve the firm’s community. The three first-year and three second-year law students chosen by the firm each summer receive a competitive pay and are at liberty to work with a variety of lawyers from the firm. In addition, they have the opportunity to attend depositions, hearings, closings, trials and regular social events.

Full-time associates
The firm recruits as associates recent law school graduates as well as practicing attorneys who exemplify academic achievement, compatibility, character and commitment to community service. Recruited associates are assigned to a practice area dependent on their interests as well as on the needs of the firm. Associates are expected to begin work upon graduation in addition to billing the typical 1,800-2,000 hours per year. Throughout the course of this time, the firm covers standard expenses for relevant state bar examination applications, a standard bar review course and applicable state bar association dues as well as costs associated with continuing education necessary for maintaining a legal license in West Virginia, Kentucky and Ohio. A standard seven-and-a-half years of work is required in order to be considered for partnership and about five years to become a senior associate.

Partners
The firm currently has a partner-associate ratio of 3-2 and, furthermore, operates on a limited liability partnership, meaning that partners have the right to manage their business themselves. As a business, the firm does not operate on a two-tiered partnership model of equity and non-equity partners, where equity partners have an ownership stake in the law firm and non-equity partners have limited voting rights; instead, the firm gives equal weight to all of its partners through a one-tier partnership. Partners share in the profits of the firm when all other operational costs have been deducted and, although a management committee presides over matters of interest to the firm, all partners have an equal vote in the financial and economical future of the firm.