Flaherty

Wakefield

Byrk

FOR IMMEDIATE RELEASE
August 1, 2008

(Charleston, W. Va.) - If the recent lawsuit between West Virginia University and its former head football coach, Rich Rodriguez, were compared to a gridiron contest, the game plan developed and executed by its law firm would not have been characterized as flashy, gimmicky or razzle-dazzle. Instead, the strategy employed by the legal team of Flaherty, Sensabaugh & Bonasso, PLLC, (FSB) was a straight-up-the middle, focused ground game, executed in the forward-pressing fashion of the hurry-up offense.

"All along we believed that the facts of the case and the letter of law were on our side," explained Member Attorney Jeff Wakefield, "A fundamental philosophy in all of our litigation is that we never take a legal position that we not prepared to stand behind. That is a basic approach, no doubt, but it was a very effective approach in this case."

The FSB legal team and its client, WVU, knew from the start that the facts were, indeed, in their favor. "We took the approach that a signed contract should be honored by the parties who signed it," stated Attorney Jaclyn Bryk.

Founding Member Tom Flaherty credited his client's focus and resolve. "We give the WVU Administration a tremendous amount of credit for sticking with the legal strategy. Despite numerous potential distractions, and there were many from December until the June settlement, the administration never wavered or deviated. That was a crucial element in the successful outcome," noted Flaherty. "As an alumnus of WVU, I am proud to have represented them in this important matter."

In the end, the straightforward and unwavering litigation approach employed by FSB led to the former coach to concede to a full payment of $4 million. Yesterday, the negotiated settlement became reality, as the agreed-upon first payment of $2.5 million from the Rodriguez side was received right on schedule via wire transfer of funds from the University of Michigan.

About Flaherty, Sensabaugh & Bonasso, PLLC

Founded in 1991, Flaherty, Sensabaugh and Bonasso, PLLC, is a regional law firm with offices in Charleston, Morgantown and Wheeling, West Virginia and has built a stellar reputation, counseling clients inside and outside the courtroom. While the firm is especially well-known for representing health care providers in litigation, regulatory compliance and transactional matters, its seasoned veterans and talented young attorneys work regularly with the mining / heavy equipment industries, as well as the world's top corporations in commercial, business and product litigation, broadening the firm's array of services and its presence. FSB achieves favorable results for its clients, with integrity and winning legal talent. For additional information, please visit www.FSBLaw.com.

Flaherty

Wakefield

Byrk

FOR IMMEDIATE RELEASE
August 1, 2008

Charleston, W.Va. - For those who thought the hotly contested and much publicized Coach Rodriguez episode was only a matter between West Virginia University and its former head coach, think again. The case and the settlement go far beyond Morgantown, W.Va. The firm handling the case, Flaherty, Sensabaugh and Bonasso, PLLC, (FSB) provided not just sound legal advice leading to the $4 million recovery for WVU from its high-profile former coach; it also combined competitive Mountaineer talent with a little Ohio State spirit to achieve victory.

The FSB legal team consisted of two WVU alumni, founding Members Tom Flaherty and Jeff Wakefield. "We were proud to be asked by our alma mater to handle this important case. Certainly, a focused winning strategy helped to make our client successful," Flaherty said.

The FSB legal team also included an individual who is all too aware of the OSU vs. Michigan rivalry, Jaclyn Bryk. Miss Bryk, a 29 year-old attorney at FSB and an Ohio State University law graduate, handled much of the research and legal writing on the case. In fact it was Bryk who pulled an all-nighter to draft the complaint that was filed to open this case.

Bryk, whose father attended OSU and was involved with the football program for the 1951-52 Buckeyes, never flinched at the opportunity to work on this case - and "I have no doubt that my father would have been proud of me and the work that we did," expressed Bryk. "We thought it was important to take a firm stance that a party to a contract should honor the written words they agreed to in that contract. That is good for coaches and universities alike, not to mention the student-athletes at these top-notch institutions. The fact that I was an OSU alumni, a secondary matter to be sure, made this case even more appealing for me."

"I suspect Jackie's Dad would be proud on several levels of the strategy and precedent the WVU case produced," said Flaherty. "Jaclyn is one of many talented, young attorneys that we've recruited to the FSB team," observed Wakefield. "Tom and his partners have a great team at every position on the Flaherty, Sensabaugh & Bonasso roster. We have some talented and sought-after lawyers here, and their back-ups carry the ball just as well."

About Flaherty, Sensabaugh & Bonasso, PLLC

Founded in 1991, Flaherty, Sensabaugh and Bonasso, PLLC, is a regional law firm with offices in Charleston, Morgantown and Wheeling, West Virginia and has built a stellar reputation, counseling clients inside and outside the courtroom. While the firm is especially well-known for representing health care providers in litigation, regulatory compliance and transactional matters, its seasoned veterans and talented young attorneys work regularly with the mining / heavy equipment industries, as well as the world's top corporations in commercial, business and product litigation, broadening the firm's array of services and its presence. FSB achieves favorable results for its clients, with integrity and winning legal talent. For additional information, please visit www.FSBLaw.com.

In July 2008 Nate Tawney and Scott Meachum took one of the firm's summer associates into an underground coal mine in Wyoming County, West Virginia. The three traveled over a mile and a half underground to a working face in the mine and observed mining operations underway.

On February 6, 2008, Chris Brumley , David Givens and Nate Tawney delivered a two-hour seminar, "Deliberate Intent Law in West Virginia: An Employer's Perspective," to over twenty supervisory personnel for a Wheeling, West Virginia contractor. The seminar focused on management personnel's role in a deliberate intent lawsuit and practices to increase the employer's chance of success in these lawsuits. Included in the discussion were accident investigations and reporting, handling of employee complaints, and hazard inspections.

On February 6, 2008, Bob Coffield, a member of the firm's health care regulatory group, was featured in the California Health Care Foundation's report The Wisdom of Patients: Health Care Meets Online Social Media. In the report, Mr. Coffield discussed the legal implications that will result from the increased use of technology, social media, and networks in the health care arena. For a link to the full report, please click here.

On February 6, 2008, Mark Robinson, Salem Smith, and Ryan Brown performed a mock trial for the West Virginia Health Care Association. The mock trial was based upon a nursing home case involving an injury to an elderly patient. Mr. Smith, a member of the health care group, served as counsel for the patient, and Mr. Robinson, also a member of the health care group, served as counsel for the nursing home. Mr. Brown, an associate in the Charleston office, acted as judge for the trial. The West Virginia Health Care Association stated that the presentation was a "resounding success"

Mark Robinson, a member of Flaherty, Sensabaugh & Bonasso, PLLC, has been unanimously elected to the firm's Management Committee. Robinson practices in the Health Care Group and has been with Flaherty, Sensabaugh & Bonasso since 1996. In addition to his Management Committee work, he regularly represents nursing and other long term care facilities, as well as physicians and hospitals. Flaherty, Sensabaugh & Bonasso is one of West Virginia's premiere law firms with offices in Charleston, Morgantown and Wheeling.

The law firm of Flaherty, Sensabaugh & Bonasso, PLLC, is pleased to announce that Shawn C. Gillispie has joined the Charleston office as an associate attorney. His practice emphasizes civil litigation in the areas of workplace liability and general litigation.

Shawn received his bachelor's degree in Criminal Justice from Marshall University, and earned his law degree from Thomas M. Cooley Law School. Shawn is admitted to practice in the state of West Virginia.

Flaherty, Sensabaugh & Bonasso is one of West Virginia's largest litigation law firms with offices in Charleston, Morgantown and Wheeling.

Andrew B. Cooke was elected to the membership of the Federation of Defense Corporate Counsel ("FDCC"). The FDCC is composed of leaders in the legal community and its membership is limited to those who meet the FDCC's qualifications and stringent review. "Federation members have been judged by their peers to have achieved professional distinction, and are committed to promoting knowledge, fellowship, professionalism and the course of justice. FDCC members are experienced attorneys in private practice as well as general counsel and insurance claims executives from throughout the world." (http://www.thefederation.org/process.cfm?PageID=6 4/15/2008). For more information please visit www.thefederation.org.

Michael Bonasso has been admitted to the Product Liability Advisory Council. PLAC, a nationwide organization of in-house corporate counsel and outside trial counsel, works to advance the development of product litigation law across the U.S. and to help members assist their clients in the evolving product litigation environment. With more than 120 corporate members, PLAC represents a broad cross-section of American and international product manufacturers. Admission to PLAC is based upon recommendations of corporate clients and outside trial counsel. Mr. Bonasso, who represents numerous product manufactures in lawsuits in West Virginia and the surrounding region, is one of only three West Virginia lawyers admitted to PLAC. He is also a member of the Federation of Defense and Corporate Counsel and is past president of the Defense Trial Counsel of West Virginia.

Flaherty Sensabaugh & Bonasso, P.L.L.C. would like to announce that Nate Tawney and Robert James have been promoted as members of the firm effective January 1, 2008. Nate Tawney, a graduate of Ohio University and West Virginia University's College of Law, joined our firm in 2001. Nate is a member of the firm's deliberate intent and workplace injury group. Throughout his tenure at FSB, Nate has taken a leadership role in the firm and community, most recently participating in Leadership West Virginia. Robert James, a member of the firm's Wheeling office, focuses his practice in the areas of medical professional liability and retail-premises liability. Robert graduated from Mount Union College and Duquesne University's College of Law and is admitted to practice in West Virginia, Ohio, and Pennsylvania.

Bob Coffield, a member of the firm's health care regulatory group, was featured in a Charleston Gazette article entitled "Blogging for dollars - Talky Web journals keep customers in the loop." The article, which appeared in the December 2, 2007 issue of the Gazette, discussed how blogs are being utilized as a business tool. To read the article, please click here.

Dustin Dillard, Elizabeth Taylor, and Amy Rothman's article, Impact of W. Va. Code Section 55-7-24 on Settlement and Litigation Strategies from a Defense Perspective, was published in the West Virginia Defense Trial Counsel's Fall 2007 Newsletter. The article discussed joint and several liability in West Virginia and the influence of newly amended section 55-7-24 on apportionment of damages where one or more people or entities are determined to be at fault.

Danielle Waltz, an associate in the Charleston office, was named as co-chair of Generation Charleston. Generation Charleston is made up of nearly 400 young professionals who have joined together to cultivate the next generation of leaders dedicated to building a more vibrant community and prosperous economy. Generation Charleston, formerly known as the "Young Professionals Committee," is part of the Charleston Area Alliance. For more information regarding Generation Charleston, please see http://www.charlestonareaalliance.org/youngprofessionals/default.aspx.

Attorneys Robert C. James and Thomas V. Flaherty submitted Remembering the Customer's Responsibility for HospitalityLawyer.com. Click here to read the article

Michele Grinberg, a member in the Charleston, West Virginia office, is serving as counsel for the Committee on Drug Use During Pregnancy. The Committee is part of the 2007 West Virginia Perinatal Partnership, which is multi-year effort to improve the health of pregnant women, infants, and children in West Virginia. For more information on the Perinatal Partnership, please see http://www.wvhealthykids.org/p_wellness/pw_home.htm.

Six attorneys from Flaherty, Sensabaugh & Bonasso were recently selected by their peers for inclusion in The Best Lawyers in America® 2008 (Copyright 2007 by Woodward/White, Inc., of Aiken, S.C.). The following attorneys will appear in the 2008 edition of The Best Lawyers in America:

Tom Flaherty - personal injury litigation (defense)
Don Sensabaugh - medical malpractice law (defense)
Mike Bonasso - commercial litigation
Jeff Wakefield - commercial litigation (defense)
Stephen Brooks - medical malpractice law (defense)
Bob Coffield - health care law

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

Charleston, WV - Stephen Brooks was recently selected by his peers for inclusion in The Best Lawyers in America 2008 in the fields of medical malpractice law and personal injury litigation (Copyright 2007 by Woodward/White, Inc., of Aiken, S.C.). Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice." Mr. Brooks will be included in the 25th Anniversary Edition, which will be released in December 2007.

Bob Coffield , Alaina Crislip , and Amy Rothman were selected by the American Health Lawyers Association's Fraud and Abuse, Self-Referrals, and False Claims Practice Group to summarize West Virginia statutes and regulations. The publication, entitled Summary of Fraud and Abuse Statutes & Regulations - West Virginia, features up-to-date summaries of West Virginia law regarding anti-kickback, prohibitions on self-referral, false claims/fraud & abuse, unfair business practices, corporate practice of medicine, and general whistle-blower protections. The American Health Lawyers Association will publish similar summaries for all 50 states.

Charleston, WV - Chambers USA 2007 recently featured Flaherty, Sensabaugh & Bonasso, PLLC and two of its attorneys, Thomas Flaherty and Don Sensabaugh, in its 2007 Client's Guide. The Chambers Guides recommends the top lawyers and law firms in 175 countries. In the USA 2007 edition, Chambers recognized the entire firm, stating "clients who position the firm as a 'first choice' for representation in a wide range of litigation, above and beyond the firm's traditional core strengths, conclude that the quality of the attorneys comprising the team is 'just outstanding.'" Chambers also recognized Thomas Flaherty, stating that Mr. Flaherty "is viewed in the market as 'one of the best in the state.'" In addition, Chambers recommended Don Sensabaugh, stating "Don Sensabaugh is extolled as 'an excellent trial lawyer and recognized by everyone as such.'" For more information, please visit www.chambersandpartners.com.

The American Bar Association Young Lawyers Division appointed Alaina N. Crislip, an associate in the Charleston office, as a District Representative for District 18 covering Ohio and West Virginia. As District Representative, Ms. Crislip will serve as a liaison between the local affiliates of the American Bar Association in Ohio and West Virginia and the Young Lawyers Division. Ms. Crislip will also assist in the organization of affiliates and encourage utilization of Affiliate Assistance Team members, provide hands-on assistance to Affiliates in the planning and implementation of Young Lawyers Division programs and projects, assist in the certification of delegates to the Mid-Year and Annual Meeting and provide input and voting assistance on recommendations and resolutions used in the adoption of policy positions by the Young Lawyers Division and the American Bar Association. Ms. Crislip will also provide input on Young Lawyers Division planning and development issues and assist in Disaster Legal Services programs within District 18 in partnership with FEMA. Ms. Crislip will serve as District Representative for two years.

Jaclyn A. Bryk, an associate in the Charleston office, was appointed by the Defense Trial Counsel of West Virginia (www.dtcwv.org) as co-chair of the Young Lawyers Division. The Defense Trial Counsel of West Virginia was formed in 1981 to provide a cohesive network of West Virginia attorneys who defend individuals and corporations in civil litigation. It currently has a membership of approximately 400 attorneys, dedicated to the defense of these clients.

Thomas V. Flaherty, Don R. Sensabaugh, Michael Bonasso, Jeffrey M. Wakefield, and Richard D. Jones were voted by their peers as "West Virginia Super Lawyers" for 2007. Mr. Flaherty and Mr. Sensabaugh were in the top ten of all West Virginia lawyers receiving votes for 2007. The objective of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel. Each year Super Lawyers conducts a rigorous state-wide survey of lawyers in order to determine who will be selected as Super Lawyers.

In 1991, Law & Politics magazine published the first issue of Minnesota Super Lawyers, a consumer's guide to the best attorneys in the state. As the magazine gained repute throughout Minnesota and in Washington state, the publishers began to introduce Super Lawyers in cities around the country. Today, Super Lawyers recognizes the top attorneys in 47 states and Washington, D.C.

Danielle Waltz was elected Assistant Secretary of the Kanawha County Bar Association for the 2007-2008 Term. Danielle Waltz, an associate in the Charleston office, is a member of the mass torts/complex litigation practice group.

Attorneys Robert C. James and Thomas V. Flaherty wrote Brief Survey of Basic Premise Liability Law of West Virginia for HospitalityLawyer.com. Click here to read the article.

Nathaniel Tawney is one of fifty-two leaders from the state of West Virginia selected to participate in the 17th class of Leadership West Virginia. Candidates were selected from a list of nominations that were submitted in late 2006. Leadership West Virginia is a statewide education and leadership development program affiliated with the West Virginia Chamber of Commerce. The eight-month program identifies emerging leaders throughout West Virginia and enhances their knowledge of not only the challenges facing the state, but also unique attributes and diversity. Each year, participants are selected from a list of top-quality applicants from around the state. Individuals are selected into the program because they demonstrate the skills and experience in civic activities, public affairs and in their professional careers. For more information, visit www.leadershipwv.org.

Salem Smith's article, "Bad Result vs. Medical Malpractice in Pain Medicine", will be published in the Journal of Pain Medicine later this year. Mr. Smith, a partner in the firm's Charleston office, is a member of the healthcare practice group.

Bob Coffield was selected to serve a one year term as co-chair of an AHLA committee. American Health Lawyers Association, Co-Chair, Privacy and Security Compliance and Enforcement Health Information Technology Affinity Group (2006 - 2007).

Bob Coffield was appointed by Governor Manchin in June to a four year term to the Board of the West Virginia Health Information Network (2006 - 2010) . The Board was created to promote the design, implementation and operation of a fully interoperable statewide health network to facilitate public and private use of health care data. Summary of bill and link to the SB170:

Susan Wong Romaine recently authored an article on attorney-client privilege appearing in the Winter 2006 edition of the Defense Trial Counsel of West Virginia Newsletter. The article, Update on Attorney-Client Privilege, addresses recent changes under the Federal Sentencing Guidelines impacting the policy of federal prosecutors to grant leniency in charging and sentencing for corporations who waive their attorney-client and work product protections. The article also looks at the recent 5th Circuit decision, Will v. Administrative Review Board, that involves a whistleblower lawsuit brought by in-house counsel. Read the Article (PDF)

Tom Flaherty will be presenting a seminar on joint and several liability law in West Virginia to the West Virginia Trial Lawyers Association. This one day seminar, entitled "Joint and Several Liability Law: Changes in the Law and the Impact on Settlement and Litigation Strategies," will cover the historical development of joint and several liability throughout the nation and in West Virginia, the erosion of joint and several liability, and the impact of West Virginia's new joint and several liability law, West Virginia Code section 55-7-24.

The law firm of Flaherty Sensabaugh & Bonasso, P.L.L.C. would like to announce that Trinity High School alumnus, and former WVU athlete, Alonzo D. Washington, Esq. has become a member of the firm effective January 2007. Alonzo joined our firm in 2002. Upon arriving at FSB, Alonzo worked in the Medical Malpractice group, before moving to the Products Liability. Alonzo's practice focuses on civil defense litigation, with an emphasis on product liability, commercial/business, surety, and subrogation litigation.

Flaherty	Sensabaugh
Bonasso	Wakefield

The current, 13th edition of Best Lawyers (2007), is based on more than 1.8 million detailed evaluations of lawyers by other lawyers. This annual publication has come to be regarded - by both the legal profession and the public - as the definitive guide to legal excellence in the United States. Best Lawyers bases its listings on an exhaustive yearlong survey of the legal profession in which attorneys nationwide are asked to rate the top practitioners in their specialties in their jurisdiction. Because listings are based on the votes of other lawyers, inclusion in Best Lawyer is considered a singular honor.

Included are the following Flaherty, Sensabaugh & Bonasso PLLC attorneys named: Thomas V. Flaherty, Don Sensabaugh, Michael Bonasso, and Jeffrey M. Wakefield.

Amy Rothmans article, Review of Recent West Virginia Supreme Court Cases Applicable to Physical Therapists, was published in the West Virginia Board of Physical Therapys Fall/Winter 2006 Newsletter. The article was edited by Don Sensabaugh and Alaina Crislip. Read the Article (PDF)

Alaina Crislip, an associate in the Charleston office of Flaherty, Sensabaugh & Bonasso, P.L.L.C., was quoted in a two part series on health care liens in the October 2006 and November 2006 issues of Private Payor News. Ms. Crislip was quoted in Private Payor News following the publishing an article in the August 2006 issue of The Health Lawyer titled Statutory Liens for Health Care Providers: The Effectiveness of Laws Allowing Providers to Assert Liens on Settlements or Judgments from Third Party Tortfeasors. Ms. Crislip is a member of the healthcare practice group.

On October 28, 2006 FS&B celebrated the 15th anniversary of the founding of the firm. Over the past 15 years the firm has grown into the largest defense litigation firm in West Virginia - from six original lawyers in Charleston to almost 50 lawyers and offices in Morgantown and Wheeling. Also in that time span the firm has achieved the top "AV"* peer review ranking by Martindale-Hubbell, and its lawyers include four "Best Lawyers in America," three members of the American College of Trial Lawyers, a former President of the West Virginia State Bar, a former President of the West Virginia Bar Association, a former President of the Defense Trial Counsel of West Virginia and two former Presidents of the Kanawha County Bar Association. The firm looks forward to a future of continued growth and success in serving its clients and communities.

*CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.

Robert James, an associate attorney in the Wheeling office of Flaherty, Sensabaugh & Bonasso, P.L.L.C., was admitted to the Bar of the State of Ohio on November 6, 2006. Mr. James is also admitted to practice before the Bars of the Commonwealth of Pennsylvania and the State of West Virginia. Mr. James, a 1997 graduate of the Duquesne University School of Law, joined the firm in the fall of 2004. His practice emphasizes civil litigation in the areas of medical professional liability, products liability, and general litigation.

Silkwood	Rothman
Waltz	Taylor

Attorneys Eric L. Silkwood, Amy L. Rothman, Danielle M. Waltz and Elizabeth L. Taylor recently joined the law offices of Flaherty, Sensabaugh & Bonasso, PLLC

Attorneys Eric L. Silkwood, Amy L. Rothman, Danielle M. Waltz and Elizabeth L. Taylor recently joined the law offices of Flaherty, Sensabaugh & Bonasso, PLLC.

Eric L. Silkwood is an associate in the insurance practice defense group. He earned his bachelor's degree in journalism from West Virginia University and received his law degree from West Virginia University College of Law.

Amy L. Rothman is an associate in the medical malpractice practice group. She earned her bachelor's degree in microbiology from Miami University and received her law degree from West Virginia University College of Law.

Danielle M. Waltz is an associate in the mass tort practice defense group. She earned a bachelor's degree in mathematics and a minor in political science from West Virginia University and received her law degree from West Virginia University College of Law.

Elizabeth L. Taylor is an associate in the products liability practice group. She earned her bachelor's degree in history from the University of North Carolina at Chapel Hill and received her law degree from West Virginia University College of Law.

Flaherty, Sensabaugh & Bonasso, P.L.L.C., announces the addition of Michelle Hoosier as an associate lawyer.