Joseph (Joe) Ward

 Obtained judgment in favor of natural gas processor for $8.4 million after 4-week bench trial in which design-build team was found liable for repair and delay damages caused by defective design and construction of soldier-pile retaining wall. Successfully preserved said judgment on appeal to Supreme Court of Appeals of West Virginia, See Redstone International, Inc. v. J.F. Allen Company, et al, 2023 WL 3971863 (June 13, 2023).

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.

Brought and defended mechanic’s lien actions arising from construction of natural gas pipelines.

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 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.

Defended scores of lawsuits brought in state and federal courts by borrowers against loan originators and servicers, alleging “predatory lending” and illegal debt collection practices, respectively, in violation of the West Virginia Consumer Credit and Protection Act, the federal Fair Debt Collection Practices Act, and the federal Telephone Consumer Protection Act.

Extensive experience defending financial institutions in class action suits.

Federal Communications Commission

• Assisted numerous clients in FCC rulemaking proceedings, including the filing of comments in proceedings related to wireline competition, radio spectrum allocation, Part 15 device regulation, and public safety requirements.
• Negotiated and obtained FCC approval of purchase of spectrum frequencies for electric cooperative mission-critical SCADA system.
• Assisted clients with registration and transfer ownership of antennae structures.
• Authored note in Catholic University Columbus School of Law Commlaw Conspectus entitled, “Secondary Markets in Spectrum: Making Spectrum Policy as Flexible as the Markets it Must Foster.”

Federal Energy Regulatory Commission

• Authored comments on behalf of Office of the Governor of the State of West Virginia to FERC related to electric transmission line proceedings.
• Assisted client in FERC hydroelectric facility licensure proceedings.

West Virginia Public Service Commission

• Represented cable services operator in cable franchise renewal negotiations with municipal franchising authorities.
• Obtained dismissal of complaint filed by municipal franchise authority against cable services operator alleging operator improperly refused to accept franchise terms.
• Challenged authority of a municipal sewer company to increase its sewer rates under statutory scheme, including appeal to West Virginia Supreme Court of Appeals and subsequent administrative proceeding.
• Settled on favorable terms a PSC proceeding initiated by an apartment complex against a public service district (PSD) for overcharging for wastewater services.
• Assisted multiple clients in various PSC rulemaking proceedings (e.g., submitted comments on behalf of municipal power system cooperative client in proceeding related to State’s renewable energy portfolio program).

West Virginia Department of Environmental Protection

• Assisted clients in various DEP rulemaking proceedings, including agency’s response to Clean Power Plan Act and promulgation of new fracking fluid disclosure program.

West Virginia Public Energy Authority

• Served as then-Governor Joe Manchin’s designee and counsel from 2005-2007.

West Virginia Department of Natural Resources

• Assisted energy clients in DNR rulemaking proceedings and enforcement actions.

As in his legal practice, Joe follows a simple and proven maxim in his government relations practice: prior preparation prevents poor performance. Whether lobbying for passage of a measure vital to a client’s business or counseling a company on its interactions with a regulator, Joe leverages his knowledge, experience, and relationships to thoroughly evaluate the challenges and opportunities facing his clients, lay the proper groundwork, and then develop a winning strategy in which he and his client are positioned early on as trusted sources of information for policy makers.

Joe’s results include:

• Drafted and shepherded to completion legislation exempting municipal electric power systems from rate regulation by the West Virginia Public Service Commission. The legislation will enable the systems to significantly improve their bond credit ratings and, in turn, secure more favorable financing terms moving forward. In addition to educating lawmakers and staff regarding the legislation’s benefits, Joe worked closely with the PSC, investor-owned utilities, and rural utility organizations.
• Secured changes to the state’s purchasing system code that eliminated discriminatory resident vendor preference provisions. Prior to passage of the bill, Joe’s out-of-state client had lost multiple state contracts due to the preference provisions. With passage of the amendments, the client will be able to compete for state contracts on a level playing field.
• Successfully lobbying for passage of a civil justice reform measure to address a forum-shopping loophole exploited to the detriment of a pharmaceutical client.
• Working with legislators, environmental regulators, and industry to secure critical trade secret protection for an energy sector client as part of a new “strongest in the nation” disclosure regime.
• Effectively counseling and connecting a client with state and local officials to help it successfully navigate the regulatory process toward completion of a $300 million clean energy facility.
• Preserving a health care client’s exemption during the legislative overhaul of the state hospital licensure regime.

• Working with an executive agency and the judiciary on behalf of mental health professionals to maintain levels of reimbursement for court ordered forensic evaluations.
• Served as then-West Virginia Governor Joe Manchin’s Deputy General Counsel and chief legal advisor on regulatory matters from 2005-2007.
• Drafted adopted legislation overhauling PSC’s regulation of solid waste haulers.
• Lobbied Legislature, state agencies and PSC on behalf of municipal power system for last 12 years, which included (with PSC support) of legislation overhauling municipal power system rate approval process.
• Lobbied Legislature, state agencies and PSC on behalf of association of rural water and sewer utilities.
• Successfully lobbied Legislature to approve DEP rules establishing favorable fracking fluid disclosure program.