VIEWS: 7 PAGES: 48 POSTED ON: 10/19/2011
Views&Visions A publication of Bowles Rice McDavid Graff & Love PLLC North Central West Virginia Biometrics, technology, health care research and federal facility developmentsfuel growth in North Central West Virginia Blanchette Rockefeller Alan B. Mollohan West Virginia University Neurosciences Institute Innovation Center School of Medicine West Virginia University Rec Center Institute for Scientific Research, Inc. December 2002 In this issue . . . The Honorable Alan B. Mollohan Page 4 United States House of Representatives David C. Hardesty Page 6 West Virginia University Kevin R. Niewoehner Page 8 Institute for Scientific Research J. Ernest Villafranca, Ph.D. Page 10 Blanchette Rockefeller Neurosciences Institute Caulton L. Irwin, Ph.D. Page 14 Industries of the Future Daniel J. Bradley, Ph.D. Page 18 Fairmont State College William R. Haden Page 20 West Virginia Wesleyan College James L. Estep Page 22 West Virginia High Technology Consortium Foundation J. Thomas Jones Page 24 West Virginia United Health System Patrick R. Esposito, Sr. Page 26 Research Ridge Mark Nesselroad Page 28 Glenmark Holding LLC Scott Rotruck Page 30 Morgantown Area Chamber of Commerce Robert M. D'Alessandri, MD Page 32 WVU School of Medicine Bernie Schultz Page 34 WVU College of Creative Arts Senator Michael Oliverio Page 36 West Virginia State Senate Mac Warner Page 38 The Square at Falling Run Michael S. Garrison Page 44 West Virginia Governor's Office John Beilein Page 46 WVU Men's Basketball Bowles Rice McDavid Graff & Love PLLC A Message from Our CEO Tom Graff, CEO Bowles Rice McDavid Graff & Love PLLC I vividly remember the late summer We are also grateful to include articles day more than four decades ago when from regional leaders of higher educa- my parents delivered me and all of tion institutions that have brought their my belongings to my new home away vision to develop these campuses into a from home at West Virginia University. new century. We appreciate Presidents Our day-long travel from southern West Bradley, Haden and Hardesty for shar- Tom Graff has served as Chief Virginia to the campus in the north cen- ing some of the new learning technolo- Executive Officer of the firm since tral area of our state took our family gies and initiatives occurring on their cam- 1986. His practice focuses on through winding mountain roads, past puses today. farmlands and mill towns, glass facto- business, commercial, banking and ries and coal mines. In addition, the recent high level of con- mineral law. He is Chairman and struction activity, nationally recognized President of the Chemical Alliance Today, parents make that same trip in health care and research, and private, Zone and an active member of the less than half the time, traveling Inter- public and institutional projects are high- Roundtable. Under his direction, state-79 and passing high-tech busi- lighted in articles by Coach John Beilein, the firm has grown from 30 nesses, several state-of-the-art educa- Dr. Bob D’Alessandri, Patrick Esposito, attorneys in one Charleston office to tional facilities and federal agencies to a Jim Estep, Mike Garrison, Dr. Caulton more than 90 attorneys in six offices campus that has expanded and now in- Irwin, Tom Jones, Mark Nesselroad, throughout West Virginia, Kentucky cludes internationally recognized research Kevin Niewoehner, Senator Mike and Virginia. centers and health care facilities. Com- Oliverio, Scott Rotruck, Dr. Bernie munities in this region now focus on a Schultz, Dr. Ernest Villafranca and Mac high quality of life, including the arts, Warner. We are deeply grateful to each recreation and sports, and they have the for sharing information on these fasci- facilities to support these interests. nating projects with our readers. There certainly has been tremendous growth and development since I first This is indeed an exciting time. I could arrived on that college campus, and we never have imagined the region where I are pleased to highlight several of these spent my college days would have ex- exciting changes in this issue of Views & ploded into a nationally recognized high- Visions. tech center with such sophisticated re- search and cutting edge industries as dis- In this issue, we are honored to feature cussed in this publication. But even more an article by Congressman Alan impressive to me is the spirit of the writ- Mollohan, who, along with Senators ers in this issue. It smacks of optimism, Byrd and Rockefeller, has brought mil- confidence and enthusiasm. It is that lions of federal dollars into North Cen- spirit that will carry the dreams of growth tral West Virginia, and they continue to and development in North Central West support the high-tech development Virginia to reality. I hope you enjoy this throughout this region. Through their issue of Views & Visions, and that other leadership, the “High-Tech Corridor” of regions of West Virginia catch that spirit West Virginia has grown and expanded sooner than later. to include several technology businesses. Views & Visions December 2002 3 Bowles Rice McDavid Graff & Love PLLC In Praise of Public Investment Congressman Alan B. Mollohan United States House of Representatives T o visitors, the I-79 Technology Senator Byrd has strategically identified Park seems a study in serenity. ways in which West Virginia’s people and A family of Canada geese wan- its institutions can, with the proper pub- ders the landscaped grounds of the lic investments, serve national needs that gleaming, ultramodern buildings that are might otherwise go unmet. I am re- Alan B. Mollohan was born in arranged, campus-style, in the gentle minded of an observation made by Fairmont, West Virginia. He contours of this north central West Vir- Alexander Hamilton in the 1791 Report launched his first bid for the U.S. ginia valley. on Manufactures, regarded by many to be his most innovative report: House of Representatives in 1982, But don’t be fooled by appearances. and was sworn in the following “Industry, if left to itself, will naturally January as a member of the 98th Behind the tranquil façade, a revolution find its way to the most useful and prof- Congress. He has been reelected to is taking place. Native startups, estab- itable employment. Whence it is inferred each successive Congress. lished contractors, and nonprofit and that manufacturers, without the aid of His top priority is economic government agencies are at work on a government, will grow up as soon and development in the First District, host of cutting-edge technology initia- as fast as the natural state of things and working to diversify its base through tives. It’s a project list that would have the interest of the community may re- high-tech, aerospace and been unimaginable a short decade ago, quire. government-service activities. when “economic diversification” was Congressman Mollohan is a little more than an intriguing concept Against the solidity of this hypothesis . . graduate of Greenbrier Military in the Mountain State. . very cogent reasons may be offered [in- School, the College of William and cluding] the strong influence of habit; Mary and West Virginia Yet today, North Central West Virginia the spirit of imitation; the fear of want North Central West Virginia University’s College of Law. is home to a surging technology sector, of success in untried enterprises; the in- and the I-79 Technology Park is its pri- trinsic difficulties incident to first essays vate-sector flagship. As such, it is a wel- towards [competition with established come contributor to the region’s foreign players]; the bounties, premiums, economy – an economy characterized by and other artificial encouragements with “unusual opportunities,” to borrow a which foreign nations second the exer- phrase from the most recent regional tions of their own citizens . . . forecast issued by West Virginia University’s Bureau of Business and Eco- To produce the desirable changes as early nomic Research. as may be expedient may therefore re- quire the incitement and patronage of gov- Our transition to a more diversified ernment.” economy is a subject worthy of serious study and reflection. Although there is The government investments that Sena- not enough space here to tell the full tor Byrd has secured for the region – pri- story, it would be inexcusable to not ac- marily by attracting new federal opera- knowledge the incredible base-building tions and by directing resources to our work of Senator Robert C. Byrd. academic institutions – place us in the 4 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC critical path of promising technologies. opment grants, recently awarded through Thus, the Senator has provided a foun- a competitive process, is a good example dation on which our region can grow and of how West Virginia can provide sup- prosper. port for promising ventures. Governor Wise and the Legislature are to be com- So how do we build on that tremendous mended for their strong leadership in this base? regard. Let me first acknowledge that I am not As we work to further diversify our an economist. However, I am an intense region’s economy, it is imperative that participant in economic diversification we continue to draw on the strengths of initiatives, and I am familiar with many nonprofit organizations. Our success of the impediments that must be over- thus far demonstrates their unique ca- come in order for those efforts to be suc- pability to facilitate economic diversifi- cessful. Based on the experience, I be- cation through the nurturing of fledg- lieve there are specific responsibilities ling activities. which fall to each of us. The federal government investments Our native high-tech businesses must that Senator Byrd has directed to the develop viable plans for self-sufficiency, region give us a special window of op- leveraging their past successes as they seek portunity. We cannot afford to let it out new contracts in both the govern- close. We must seek to keep it open by ment and private-sector marketplaces. being responsible – and strategic – stew- ards of the resources that are before us. On a related note, the large companies And that requires a strong partnership that operate in the region should locate of our government, business, academic more of their high-level work in West and nonprofit communities. Virginia, in response to the increased so- phistication of our native companies. Permanent regional headquarters should be considered, particularly by those with ties to the federal agencies that operate here. Photo by Erin Weikle, ISR Meanwhile, members of our financial community – whether headquartered here or outside the state – should be en- couraged to reinvest in West Virginia more of the savings that they collect in ISR recently hosted Congressman Mollohan and NASA our communities. We must make them Administrator Sean O’Keefe, who toured the company’s increasingly sympathetic to the invest- Fairmont facilities and the construction site of its ment opportunities which exist here. new corporate headquarters and research center at Technology Park. Pictured here are (from left): And, finally, our state and its leaders must Congressman Mollohan, Administrator O’Keefe, ISR maintain a focus on economic diversifi- President and CEO Kevin R. Niewoehner and ISR cation – which means sizable investments Chairman of the Board George J. Pederson. in research, education and development. The $200 million in economic devel- Views & Visions December 2002 5 Bowles Rice McDavid Graff & Love PLLC American Higher Education: Modest Investment, Outstanding Return David C. Hardesty, President West Virginia University I f your financial advisors told you The state offers the merit-based PROM- that a small investment now could ISE Scholarship Program, as well as need- pay dividends over a lifetime add- based programs, and a college savings ing up to $1 million or more, would tool for parents and grandparents. Insti- you hesitate to invest? What if the plan tutions have their own aid packages, with Since becoming president of WVU also promised many intangible benefits, WVU alone committing $4 million a in 1995, President Hardesty’s including a huge increase in knowledge, year to its Scholars Program. greater career satisfaction, and more op- administration has been marked by portunity to participate in civic and cul- Improving access to higher education is significant growth in research and tural activities? important because the benefits go far be- spondored program activities, yond even increased earning power. In sparked by investments in research In our current fluctuating economy, such Education and the Common Good (Ken- infrastructure and laboratories. an investment opportunity may seem tucky Long-Term Policy Research Cen- Service has been fostered through the too good to be true, but it exists — you ter 2001), education policy analyst Amy addition of WVU Institute of can become an investor at the college or L. Watts explores the social benefits of Technology (1996), the creation of university of your choice. college education based on research con- an affiliated hospital system ducted in Kentucky. (1997), the launching of a new The financial benefits of a college edu- medical campus in West Virginia’s cation are immense and increase with the Among Watts’s findings: Eastern Panhandle, and the level of education attained. According creation of the Blanchette to U.S. Census figures based on 1999 • College-educated people are more Rockefeller Neurosciences Institute salaries, high school graduates can expect likely to participate in community or- on the main campus. to earn about $1.2 million during their ganizations and to assume leadership North Central West Virginia working lives. Those who earn a roles in community activities. They bachelor’s degree can expect to earn are also more likely to donate to chari- nearly double that amount — $2.1 mil- ties, and they spend more hours par- lion over the course of their careers. ticipating in volunteer programs. Those with a master’s degree will earn $2.5 million, on average, and doctoral • The likelihood that someone is a reg- and professional degree holders will earn istered voter increases with the amount an average of $4.4 million. of education he or she receives. College tuition and fees have continued • Those with a bachelor’s degree are less to increase along with inflation in recent likely than high school graduates to years, but higher education remains an smoke. exceptional value. West Virginia, in par- ticular, has made a tremendous commit- • Bachelor’s degree holders are also more ment at both the state and institutional likely to read to their children on a level to making higher education acces- daily basis; more likely to engage in sible for all. entrepreneurial activity; more likely to 6 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC use computers and the Internet; and University experienced dramatic in- more likely to participate in cultural creases in enrollment (up almost 2,400 events. since 1996 to a new record high), pri- vate giving (nearly doubled since 1996) • Those with higher education are less and research (doubled since 1996), the likely to enter the correctional system economic impact of WVU has likewise or require public assistance. increased. Clearly, higher education has major ben- The regional campuses also impact their efits for society, as well as for individu- local economies. For example, the eco- als. nomic impact of WVU at Parkers- Because of increased burg was recently earnings, college estimated at $52 graduates also contrib- million. ute greater amounts to the tax base than those Consider the im- whose education pact of research stopped at high school alone. WVU graduation. Indeed, earned $134 mil- every $1 invested in lion in external higher education pays funding for re- significant dividends search last year. for the state and na- This is money that tional economy. Ac- is used to employ cording to the Na- people and buy tional Association of equipment. Pro- State Universities and tea, a cancer re- Land-Grant Colleges search company (NASULGC), the av- now operating in erage return on every Morgantown, is a $1 of state money in- A view of WVU’s Woodburn Hall spin-off of WVU vested in a member in- research in pro- stitution is $5. (Of course, land-grant teomics. Several other companies are institutions derive revenue from sources ready to set up in West Virginia when other than appropriations; at WVU, WVU’s research and technology park is state appropriations comprise only 33% completed later this year. Over the past of the total budget.) few years, WVU has stepped up its ef- forts on technology transfer — increas- The NASULGC study also shows that ing the number of patents, license agree- for every $100 spent directly by a mem- ments, and subsidiary companies from ber institution, its employees, visitors its intellectual property. and students spent another $138 of their personal funds. This illustrates the mul- West Virginians should expect nothing tiplier effect on our state’s investment less from the state’s foremost institution in higher education. A fiscal year 1998 of higher learning, and we are working study estimated WVU’s economic im- hard to meet and exceed such expecta- pact as $1.3 billion. Since then, as the tions. Views & Visions December 2002 7 Bowles Rice McDavid Graff & Love PLLC Bringing World-Class Research to the Mountain State Kevin R. Niewoehner, President & CEO Institute for Scientific Research, Inc. W est Virginia has always been ISR conducts advanced research programs a frontier. In the early part that benefit civilian, military and com- of America’s history, it was mercial entities nationwide. Our core the westward boundary, a place where competencies include Robotics and In- civilization met the unknown. Later, telligent Controls, Informatics and Com- As President and Chief Executive during the Industrial Revolution of the puting Environments, Sensors and Mis- Officer of ISR, Inc., 1800s, the region again found itself as a sion Design, Energy and Space. Mr. Niewoehner directs the daily frontier, a place of new and exciting tech- operations of a growing staff of ISR has a proven track record with nologies that fueled a host of extractive, scientists, engineers, refining and manufacturing industries. NASA and other large federal agencies mathematicians, physicists, with whom we work closely. Among information technology specialists As America fought and won two world our many programs, we’ve built and host and support staff. He came to ISR wars, West Virginia, its people and its one of the world’s fastest supercomputers, in 1999 after a successful career abundant natural resources played a huge from which NASA can view deep space with NASA, working for two years role, supplying brave soldiers on the phenomena, and have developed a “neu- with Ford Aerospace in support of battlefield and, on the home front, ral network”-based, onboard computer NASA’s Space Station Program needed materials such as coal and steel. that is helping improve aircraft safety. and nine years at NASA headquarters in Washington, D.C. Our greatness as a nation was built on ISR employs about 100 multi-disciplin- West Virginia sweat and blood. But then ary scientists and research staff, a num- times changed. ber that’s expected to grow to several hundred by the time we move into our th In the latter part of the 20 Century, new headquarters and research facility. North Central West Virginia West Virginia realized it could no longer count on the traditional industries that had sustained its people for so long — so the state looked to the future and found itself, yet again, on a frontier: the transformation to the Informa- tion Age. What Is ISR? The Institute for Photo by Roy Baker, ISR Scientific Research, Inc. is one of West Virginia’s fastest-growing companies, performing world- class research, from concept ISR built and hosts “Black Diamond,” one of the world’s through development, across fastest supercomputers. It performs more than 1 billion some of today’s most fascinating scientific and engineering disci- calculations per second and helps NASA visualize deep space plines. data like black holes and collapsed stars. 8 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC Simply put, our goal is to make ISR a In addition, a large portion of the build- premier R&D resource for the East ing will be accessible to the public — Coast, by providing research opportuni- including a general recep- ties that attract the best and the bright- tion area, a multi-purpose est, from within our state and across the exhibition center, 218-seat nation. educational conference au- ditorium, 120-foot tall ob- ISR is an independent, not-for-profit servation tower, food ser- company that believes there are no vices and modern wellness boundaries to the human imagination. facilities. And we’re proving it, every day. What ISR Means to North Photo by Roy Baker, ISR ISR’s New Research Headquarters. To Central West Virginia. meet ISR’s lofty goals and accommodate ISR’s sophisticated and chal- our rapid growth, we’re now construct- lenging agenda of ing a corporate headquarters and research multidisciplinary scientific facility with a design so advanced it is R&D has successfully recruited to our Matt Campbell, an ISR destined to rank among the finest research state elite scientists and researchers, and researcher, makes a facilities in the U.S. dedicated administrative and support presentation using a staff, from more than 15 states, coast- multimedia display wall. When completed in 2005, ISR’s flagship to-coast. Campbell is part of ISR’s facility will sit high atop the I-79 Tech- Informatics and Computing nology Park in Fairmont, providing re- Among ISR’s personnel, 13% hold a Environments project, which search space like no other for the engi- Ph.D., 24% have a Master’s degree and embodies such new neers, mathematicians, physicists, infor- 52% have earned a Bachelor’s degree. technologies as high- mation technology specialists and many performance computing, 3D others we employ in the search for sci- As ISR continues to grow, it will dy- visualization, virtual reality entific excellence. namically invigorate the regional and more. economy, fueling the effort to diversify With more than 250,000 square feet of away from traditional extractive and space, ISR’s new facility will include: heavy manufacturing industries to a more modern and economically viable • Raised access floors high technology-based economy. • Reconfigurable laboratory space • Static and full-motion flight simula- ISR’s presence will inevitably enhance the tion research capabilities of nearby higher edu- • Compartmentalized information fa- cation institutions and will serve as a cata- cilities lyst to sustainable economic growth in • Manufacturing space for aerospace North Central West Virginia. Its pres- systems ence will undoubtedly allow many na- • Wet-research areas to support tive West Virginians to stay in state to bioinformatics work and raise their families. • Compact range for radar cross-section and antenna research Learn more about the Institute for Sci- • High-performance networks for data entific Research, Inc., our research phi- and audio-visual environments losophy and our many programs at • 22,000 square feet of secure research www.isr.us. laboratories located below ground Views & Visions December 2002 9 Bowles Rice McDavid Graff & Love PLLC A New Paradigm for Neuroscience Research J. Ernest Villafranca, Ph.D., Executive Director & CEO Blanchette Rockefeller Neurosciences Institute W e are so accustomed to news ucts directly affecting people is known about medical advances that as translational science. Traditionally we have come to expect translational science has been conducted them. Indeed, we should because these in academic and basic research institu- advances are working and making a huge tions as an addendum to their primary Before joining BRNI in 2001, difference in human society. Life expect- mission and in the pharmaceutical indus- Ernest Villafranca served as a ancy at birth is the highest in human his- try as a high-risk venture. For neuro- tory, almost double what it was a cen- science the time is right to establish a new consultant to Agouron tury ago. And this is just the beginning. paradigm that accelerates new discover- Pharmaceuticals, Inc., joining the The solid commercial success of biotech- ies through translational science to pro- company in 1987 as Director of nology, an industry that did not exist 25 duce tangible benefits more quickly for Protein Engineering. He performed years ago, is the harbinger of great new patients. research and development projects innovations in medical treatments to with Agouron (now Agouron- further prolong and enhance human life. The Blanchette Rockefeller Neuro- Pfizer), advancing in 1997 to Information and technology from the sciences Institute (BRNI) is the first non- Senior Director of the human genome, engineered cells, gene profit institute to focus on translational Neurodegenerative Disease Research therapy and years of basic research re- proof-of-concept research in neuro- Division, where he managed and main essentially untapped. The result- science. This strategic position not only directed research teams focused on ing burgeoning medical potential will distinguishes BRNI from other neuro- Alzheimer’s disease therapeutics. compel the creation of novel strategies science institutes but also offers many Dr. Villafranca has a background as we struggle to bring the new discov- operational advantages. While adding in biology and a Ph.D. in eries to fruition. value to new discoveries and inventions chemistry, and has completed through cell and animal model research, North Central West Virginia studies and research in the In few other areas of medicine is this BRNI lowers the risk for potential clini- areas of molecular biology, more obvious than in neuroscience. Re- cal developers. DNA technology and search investments during the past de- protein engineering. cade, “the decade of the brain,” have pro- Operating through strategic alliance duced substantial new insights into the agreements with basic research laborato- function and molecular mechanisms of ries and innovative license agreements that the brain. Unfortunately, these insights share the risks and returns with clinical have yet to produce significant treat- and commercial developers, BRNI be- ments in the fastest growing and deadli- comes a global conduit through which est neurological diseases, Alzheimer’s dis- potential new treatments can be chan- ease and stroke. Close examination of neled. In this way, BRNI furthers its the process through which major new mission to promote the advancement of treatments are discovered and clinically new treatments as quickly as possible for developed reveals a widening gap be- patients in need. tween basic research and clinical appli- cation. After only two years in operation, the development of this new paradigm is well The scientific study applied to the con- under way. Already, 20 patent disclo- version of lab bench knowledge to prod- 10 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC sures and filings have originated from the trained experts to our incipient biotech- BRNI laboratories and several new treat- nology industry for the economic de- ments for Alzheimer’s disease are under velopment of West Virginia. By estab- development. Additionally, an Alzhe- lishing a new and useful paradigm for imer’s disease diagnostic is in the final the research and development process, stage of clinical development through a BRNI enables our brightest researchers licensing arrangement with a commer- to affect the lives of people here and cial partner. throughout the world. The success of BRNI also has tangible For more information, please visit our direct regional benefits. As a research and website at www.brni.org. educational institution affiliated with the WVU Health Sciences Center, BRNI is supplying intellectual property and Researchers at the Blanchette Rockefeller Neurosciences Institute (clockwise from top): Weiqin Zhao, M.D., Ph.D., Associate Professor; Miao-Kun Sun, Ph.D., Professor; Sebastiano Cavallaro, M.D., Ph.D., Visiting Associate Professor; Bernard G. Schreurs, Ph.D., Associate Professor. Views & Visions December 2002 11 Bowles Rice McDavid Graff & Love PLLC Who Owns the “Invention” in the High-Technology Environment? Anthony P. Tokarz, Esquire Bowles Rice McDavid Graff & Love PLLC N orth Central West Virginia is may only be given an implied license to an expanding hub of compa- use the invention, which is typically nies and educational institu- called a “shop right.” tions involved in high technology. In this dynamic environment and in the In determining the extent of ownership Anthony P. Tokarz, a member in rush to derive the economic benefits or “shop right” of an employer in an the Charleston office, focuses his from the development of high technol- employee’s invention, courts consider the ogy, some companies and educational following: practice on intellectual property, institutions have assumed that any in- environmental and complex vention created by their employees or 1. Inventions created as a result of the litigation involving scientific and faculty1 are owned by the company or employer’s request and resources. De- technology-intensive cases. the institution. This is not necessarily spite the presumption of ownership of He serves as group leader for the accurate. Under the democratic, free la- the invention by the employee, if the firm’s Intellectual Property bor spirit of the American patent sys- employee was hired for the specific pur- Practice Group. tem, the inventor is the owner of the pose of inventing a particular product or invention. Patent law embraced this con- process, and this objective is obtained, cept of free thought by providing mo- the employer may be considered the nopoly and profit to the ingenious. As owner of the invention. In this situa- Abraham Lincoln observed, patent law tion, an express contract providing the “added a fuel of interest to the fire of employer the ownership rights is usually genius.” not necessary. Over time, the law has evolved to the 2. General inventions which are cre- North Central West Virginia point that in certain situations an em- ated partially or completely with the ployer will have ownership rights to an employer’s resources, but which are not employee’s invention. Nevertheless, the specifically requested by the employer. law still leans somewhat in favor of the These general inventions are normally employee-inventor. For instance, gen- considered to be owned by the employee. eral contracts of employment are not rec- Nevertheless, in these situations an em- ognized as including the products of the ployer may be provided a “shop right,” employee’s imaginative genius. Usually, as described above. The extent of the an employer will be entitled to own the employer’s “shop right” will depend upon products of an employee’s mechanical the degree to which the employee actu- skill, but lines are drawn by the courts ally used the employer’s resources in cre- when the product of the employee’s in- ating the inventions. ventive talent is the issue. In this regard, if the invention is related to the employ- 3. Private inventions created by the ment or business, the employee will still employee without the employer’s re- be declared the owner, and the employer sources. An invention created by an 1 The ownership of inventions created by university graduate students presents a special category of issues which is beyond the scope of this article. 12 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC “business methods.” Given the number of employees who use computers in the workplace, the probability is high that an employee would access an employer’s computer to create such a patentable invention. In the absence of an express and, more importantly, ef- fective written contract be- tween an employer and an employee covering the ownership of intellectual property, the ownership di- lemma is compounded when dealing with these business-method inven- tions. For example, while employee on the employee’s own time developing the computer-implemented and without the employer’s resources is invention, the employee also creates a owned by the employee, even if the in- written computer code for which the law vention relates to the employer’s busi- provides a common law copyright. In ness. The employer will not be entitled the event that an ownership dispute to a “shop right.” However, if the in- arises and cannot be informally resolved, vention relates to the employer’s busi- to certify ownership the employer will ness, the employee ordinarily will have have to sue the employee under the com- the burden to prove that the employee mon law theories of “hired to invent” created the invention and that the em- and “shop right” rules for the invention ployer did not provide the employee and “work for hire” provisions of the with resources or information by which Copyright Act for the computer code the inventor was able to create the in- itself. Even though the subject matter vention. of patentable inventions and copyrights are not inherently mutually exclusive, A rapidly evolving fourth category per- there are substantial differences in the tains to those inventions created through two bodies of law. Thus, it is difficult the use of a computer. In the landmark to predict how the employer would fare decision of State Street Bank and Trust in this litigation with the employee. The Co. v. Signature Financial Group, Inc., employer could end up owning both, the Federal Circuit held that a manipu- or neither the invention nor the com- lation of financial data by a computer puter code or only one, rendering them constituted patentable subject matter in both useless. that it produced a tangible, useable prod- uct. This decision caused a dramatic Because of the uncertainties described flood in the number of computer- above, many employers have used writ- implemented inventions, known as ten contracts to assign the ownership of (Continued on p. 17) Views & Visions December 2002 13 Bowles Rice McDavid Graff & Love PLLC Industries of the Future Caulton L. Irwin, Ph.D., Director Industries of the Future “There is probably no time in our history when it has been more important for America to have vital, strong and productive manufacturing industries.” - David Satterfield, 5th Annual Industries of the Future-WV Symposium, December 6, 2001. D avid Satterfield’s comment Department of Energy program dedicated In addition to his work as Director captures the response many to energy efficiency in manufacturing and of Industries of the Future-WV, Carl have had to recent economic production companies. But while an Irwin is division director for upheavals. In uncertain times, a nation energy-intensive industrial base may pro- market enhancement and program develops a heightened awareness and an vide the foundation upon which our fu- development at the WVU National appreciation for its underlying strengths ture economy will be built, surviving Research Center for Coal and — strengths such as manufacturing and into the future remains challenging. In Energy (NRCCE). He has a production that have evolved over de- addition to significant energy costs, we background in aeronautical cades. face global competition, costly new tech- engineering and holds a Ph.D. in nologies, an aging workforce and increas- West Virginia’s core manufacturing and ingly stringent environmental regula- mathematics. Dr. Irwin is production companies are part of the tions. coordinator for WVU research on country’s struggling industrial base, yet the Polymer/Electronics Recycling these sectors produce materials and prod- The Weyerhaeuser Company — the project that is jointly managed ucts that are critical to the economy of world’s largest producer of softwood and with the Polymer Alliance Zone of the state and security of the land. Most hardwood lumber — is an energy-inten- West Virginia. agree that both our economy and secu- sive, natural resource-based manufacturer rity will be diminished if we lose the ca- that faces all these challenges. Yet accord- pacity to produce aluminum, steel, ing to George Weyerhaeuser, Jr., Senior North Central West Virginia chemicals, polymers and other basic Vice President of Technology, one of materials and products. their strategies is to build more “knowl- edge” into their products through research Staying competitive means reducing and development to become as energy costs, and for many basic industries en- efficient as possible, to manipulate wood ergy represents a substantial percentage fibers down to the molecular level, to of total production costs. Energy-inten- create new and better products, i.e., to sive industries are prominent in West build a better box! Virginia, providing more than 75% of the manufacturing gross state product In 1997, through a cooperative effort (GSP) and almost 65% of the state’s with West Virginia University, the West manufacturing jobs. Table 1 (opposite Virginia Development Office and the page) shows comparable data for several U.S. DOE Office of Industrial Technolo- states. gies, West Virginia became the first state to launch its own IOF program (IOF- West Virginia’s strength in energy-inten- WV). (See http://iofwv.nrcce.wvu.edu sive industries makes us a key player in for additional information on the pro- Industries of the Future (IOF), a U.S. gram.) Since then, more than 30 other 14 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC states have initiated IOF programs, and West Virginia companies such as Cen- West Virginia has become recognized as tury Aluminum, Pechiney Rolled Prod- a national leader in this area. As we have ucts, Weirton Steel, Fenton Art Glass, found in West Virginia, the appeal of a Marble King, GE Specialty Chemicals, state IOF partnership is that it has the Dyna-Tech Adhesives, Bayer Chemical, flexibility to incorporate a state’s particu- SDR Plastics, Mullican Lumber, Hamer lar industry profile, energy mix, and re- Lumber and Pellet Fuels, Westvaco, HK search strengths, e.g., Iowa and corn- Castings, Kelly Foundry and Applied In- based products, Tennessee and the Oak dustrial Solutions LLC have participated Ridge National Lab, Washington and the in IOF-WV projects. More than 25 Weyerhaeuser Company. WVU researchers have assisted with IOF-WV projects. Several projects have West Virginia’s approach to sustaining a also enlisted expert assistance from the state IOF program is to continually link U.S. DOE national labs. industry R&D needs, especially in en- ergy and resource efficiency, with research Results of IOF-WV projects range from expertise at WVU, national labs and pri- immediate industrial energy assessments vate companies, and then to identify co- (free to small and medium-size manu- funding opportunities in federal and facturing companies) to the potentially state programs. Over the past five years, long-term benefits associated with the IOF-WV research teams have obtained development of promising new metal more than $11.8 million in competi- alloys for use in galvanizing line hard- tively awarded federal and state funding ware. Some projects are highly techni- for projects with more than $7.2 mil- cal in nature, such as the development lion in non-federal cost-share, for a total of new diagnostic and computer con- R&D program value to West Virginia trol systems to optimize aluminum exceeding $19 million. (Continued on p. 16) Energy-Intensive Industries % of Total % of Total Gross State Product Manufacturing Jobs West Virginia 78% 64% New Jersey 59% 40% Pennsylvania 46% 39% Ohio 42% 42% Tennesee 38% 34% Iowa 35% 23% Kentucky 29% 35% Washington 26% 25% Table 1 Views & Visions December 2002 15 Bowles Rice McDavid Graff & Love PLLC (Irwin . . . continued from p. 15) smelting. Other efforts are more policy-oriented, such as the IOF- WV metal casting group’s successful initiative to have new DEP waste- management regu- lations imple- mented, permit- ting productive uses of spent foundry sand. This latter effort has saved one West Virginia metal cast- ing company more West Virginia’s core manufacturing and production companies produce than $600,000 materials and products that are critical to the economy of the state and over a two-year pe- security of the land. riod, and, accord- ing to the company president, “has enabled me to weather The objective of IOF-WV is to contrib- the recession and stay in business.” ute to this process, to form R&D part- nerships that follow the Weyerhaeuser Despite these and other successes across example and to help energy-intensive in- the country, some economic forecasters dustries become “knowledge-intensive” predict that because of global industries as well. IOF-WV can also be North Central West Virginia overcapacities, cheap offshore labor and a vehicle for helping to increase aware- the “new economy,” traditional energy- ness of the spectrum of products and intensive industries are dying on the vine. materials that are currently produced in If these forecasts become reality, what West Virginia, as well as the potential would be the impact on national secu- for building more high-value down- rity, on the strength of the U.S. economy stream manufacturing on our existing and on the potential for future indus- industry base. trial development? The Sixth Annual IOF-WV Symposium Given West Virginia’s unique role in the will be held December 10-12, 2002, in energy-intensive market, we have a Charleston, West Virginia, and the Third strong rationale for addressing these IOF-WV Day at the Capitol will be held questions. West Virginia can be a labo- February 7, 2003, in the Rotunda at the ratory for the nation, assessing and de- State Capitol Building. All who would veloping projects and policies that give like to be part of the evolution of West energy-intensive industries a chance to Virginia’s basic industries are cordially evolve in the economy of the future. invited to participate in these events. What’s good for West Virginia just may turn out to be good for the nation! 16 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC (Tokarz . . . continued from p. 13) an employee’s invention. However, par- fied number of years after the employee’s ticularly in high technology information termination of employment requires the businesses, many companies have out- employee to assign to an employer all grown their original employee agree- inventions made during the course of ments. Also, in some situations, employ- employment and within a specified num- ees will refuse to execute an invention ber of years thereafter if the invention ownership assignment. This frequently relates to the employer’s business could occurs after an invention has been cre- be held unenforceable if adequate mon- ated by an employee and then discov- etary compensation is not provided for ered by the employer. the post-employment conditions. To avoid post- Another con- invention dis- cern is that the putes with em- employee could ployees, em- still assign those ployee invention rights to a third assignment party, even if the agreements can employee had be provided as a assigned the condition of i n v e n t i o n’s employment. ownership However, some rights to the pre-invention as- employer. If the signment agree- third party paid ments are so value for the broad in scope, ownership they are uncon- rights without scionable and notice of the therefore unen- first assign- forceable. For ment, the third example, agree- party is deemed ments that assign to be the owner the rights of in- of the inven- ventions unrelated to an employer’s tion. Therefore, employers should en- present or anticipated business and/or de- sure that employee assignments are re- veloped during the employee’s own time corded. The federal patent statute pro- and with the employee’s own resources vides that assignments of inventions per- or where the value of the invention far taining to patent applications and pat- outweighs the compensation paid to the ents may be recorded in the United States employee. Patent and Trademark Office. Record- ing is voluntary, but the effect is similar Other provisions of employee invention to real estate recording statutes that pro- assignment agreements can be a trap for tect the buyer against such transfers of the unwary. As an example, an agree- title for value and without notice. ment that prohibits the employee from competing with the company for a speci- Views & Visions December 2002 17 Bowles Rice McDavid Graff & Love PLLC Enhancing Access to Higher Education in West Virginia Daniel J. Bradley, Ph.D., President Fairmont State College A ccess to educational resources is today’s electronic communication, this vital to the future success of West type of delivery is moving to the next Virginia’s economy. Our state’s level. higher education system is being called upon to provide access to the programs Fairmont State has adopted Web-CT, a our clients want at times and places con- software product that facilitates online As President of Fairmont State venient to them. Let me tell you about delivery of classes. To date, more than College, Dan Bradley has devoted a two specific initiatives Fairmont State has half of our faculty have received training significant part of his efforts to launched to provide better service to in the use of Web-CT, and the number outreach activities to K-12 students employers and working-age adults. One of online courses available to the off- and teachers (Upward Bound and addresses the issue of “time,” the other campus community continues to grow. NSF Young Scholars), which are an seeks to offer support to our region’s It’s already possible for a student to earn indication of the importance he small business community. an Associate’s degree without taking any attaches to helping students reach traditional classes or visiting any of our their education goals and potential. Time is a precious commodity, especially physical sites. Prior to coming to Fairmont State for employers and working-age adults. in 2001, Dr. Bradley was That’s why our first initiative is to de- Eventually, the availability and market- Chancellor for Academic Affairs crease the travel time involved in pursu- ing of online courses may be all that is ing an education and increase the num- needed. However, many citizens and and Research of Montana Tech. He ber of hours classes and instruction are employers do not currently have the holds a Bachelor’s degree in available. computer hardware or technical skills Biochemistry, a Bachelor’s and needed to successfully complete E- Master’s degree in Petroleum We are offering classes at more locations courses. North Central West Virginia Engineering, and a Ph.D. in and at better times Physical Chemistry. (including week- ends and evenings). We are also increas- ing the number of “asynchronous de- livery” courses avail- able. With this type of delivery, the stu- dent and teacher never have to meet face to face. In fact, they may do all of their work at oppo- site ends of the day With FSC’s Web-CT, it is now possible for students to earn an Associate’s — or opposite ends degree without taking any traditional classes or visiting any of the college’s of the world. With physical sites. the internet and 18 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC To help fill this void, Senator Roman individuals and companies. The cost of Prezioso and others have helped us de- developing individual or unique train- velop E-learning centers in cooperation ing materials is often prohibitively ex- with the public school systems in Preston pensive. This is espe- and Randolph counties. Similar centers cially true for small exist on the Fairmont Campus and at businesses. However, our Gaston Caperton Center in by partnering with Clarksburg. A recent private grant from American College Test- the Bowers Trust will allow us to de- ing (ACT), we are able velop another E-learning site in rural to provide computer- Marion County at the Mannington based workforce train- Community Center. ing and certification in more than 2,000 pro- These E-learning centers will provide stu- grams. This dramati- dents with computers, printers, high- cally lowers the cost of speed connectivity and facilitators. Stu- providing specialized dents will be able to take courses offered training for small busi- by Fairmont State, as well as courses of- nesses and individuals. fered by partners such as the Kentucky Class size can be as low Community and Technical College Sys- as one! tem and eventually any institution in the world. We hope to have these centers, This training is avail- which meet a crucial need for education able at our Center for and training in all eight counties of our Workforce Education, community and technical college service located at the I-79 region, within a few years. Technology Park in The institution now known as Fairmont State began as a Fairmont. In addition, private school in 1865 and became Fairmont State Normal Access to workforce training and small more than 90% of School in 1867. The school became a four-year college in business development is at the center of these programs are 1943, and in 1974 the Fairmont State Community & our second initiative. The Fairmont available anywhere with Technical College component was created. Today, Fairmont State Community & Technical College’s adequate internet ac- State, comprised of Fairmont State College and Fairmont Regional Small Business Development cess — including an State Community &Technical College, boasts an enrollment Center (SBDC) has operations in employer’s place of of more than 6,700 students and offers 80 baccalaureate Fairmont, Morgantown and Elkins and business or a Fairmont degrees and 40 certificate and two-year degrees. The college offers training in many communities State E-learning Cen- has expanded to include the Gaston Caperton Center throughout our region. Our SBDC has ter. (Clarksburg), the Robert C. Byrd National Aerospace provided training to 436 individuals and 133 businesses in the past year. Our Education Center (Bridgeport) and the FSC&TC Regional These two initiatives workforce training efforts last year, in- Small Business Development Center (beside the Allan B. represent ways we are cluding the SBDC programs, benefited striving to take Mollohan Innovation Center). more than 2,700 people in almost 180 Fairmont State to our programs. That represents nearly 30,000 students and clients. We are no longer contact hours. satisfied with being a passive resource, waiting for people to come to us. We While these efforts will continue, we are are actively seeking new ways to develop also developing ways to respond to the our services and meet the educational very specialized training needs of some needs of our region. Views & Visions December 2002 19 Bowles Rice McDavid Graff & Love PLLC West Virginia Wesleyan College William R. Haden, President West Virginia Weslyan College O ne mark of distinction for This broad approach to access has our West Virginia Wesleyan Col- faculty thinking in new directions for lege is its Information Tech- student assignments. The classroom en- nology program, often cited as a national vironment remains very eclectic. Our model for an integrated approach to IT students are encouraged to seek the meth- in higher education. The program at ods of study that are best for them. Cal- William Haden became President West Virginia Wesleyan is more than a culus students work with 3-D models of West Virginia Weslyan in 1995. laptop, more than the WWW; it is a on their laptops that are not available in He is actively involved in several comprehensive IT program that prepares a classroom with chalk alone. You will national efforts to improve higher students to be contributing citizens of continue to see boards full of equations education, including Project West Virginia and the larger world, and in the Math Department; the technol- Kaleidoscope, an initiative to to live and work in the knowledge soci- ogy enhances the strong faculty to stu- improve science and mathematics ety as leaders and innovators. dent interaction that takes place in the undergraduate education, and classroom. Students can mirror the work Campus Compact, to promote In 1996, the College committed to a 1:1 of their chosen profession while at the student to computer ratio. This has al- College; they conduct research, write and student volunteerism. He began lowed our students to use the computer collaborate with standard software that his career in educational fund- as a tool in their coursework and has al- they will continue to use far beyond their raising and has an extensive lowed them 24/7 access to the technol- tenure at Wesleyan. The electronic envi- background in Development, ogy resources 52 weeks a year. ronment enhances student and faculty Alumni Relations and communication in and out of the class- Public Affairs. Our information technology initiative room. Electronic data collection and is threefold in its approach, with 1) stu- management, online library resources and dent access, 2) network reliability, and full-text electronic journals enable stu- North Central West Virginia 3) robust information resources to sup- dents to gain skills in digital research and port the academic needs of the College. networking that is necessary to work in It is this unique three-point approach the information rich arenas to which they that sets our program apart from so aspire. many other trends in higher education computing. Equipping all West Virginia Wesleyan is an IBM Thinkpad University Program Participant. Upon of our students each student’s arrival on campus, they receive an IMB Thinkpad Laptop for individual and our entire use, a network account and access to the global community. faculty with equitable tech- “We have worked very hard to add a technological edge nology access, that enhances the strong liberal arts foundation for the informa- tion technol- which Wesleyan is known. Wesleyan students gain life- ogy initiative long skills in information access, processing and man- has evolved in many different agement.” - Karen R. Petitto, Instructional Technology Specialist Assistant Professer of Educational Technology directions. 20 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC The access to information technology has Many of our students rely on the mo- enhanced many of our existing program bile computer as an integral part of their areas. We have a strong commitment to internship program. Student interns service and the mobile computer has al- now arrive at West Virginia companies lowed students to take the computers equipped with their own out into the community and collect data electronic workstation. West Virginia for several different projects that have had One of our most success- Wesleyan College a positive community impact. Nursing ful interns worked in the students have completed community Office of the Governor West Virginia Wesleyan is a private health projects, and education students of West Virginia and re- school located in Buckhannon, West arrive at the public schools equipped with ceived the highest marks Virginia. Originally known as the the tools they need to share information for readiness and accelera- West Virginia Conference Seminary, with K-12 students. Students have con- tion in electronic data ac- the school opened September 3, 1890, verted C92, our campus radio station, cess, evaluation and man- and the first baccalaureate degrees to a digital platform. agement. Collaborative were awarded in 1905. One year efforts in which faculty later, the name officially changed from Many of the changes facilitated by tech- are involved are sup- Wesleyan University of West Virginia nologies have been student initiatives or ported by students; stu- to West Virginia Wesleyan College, in our response to the way students work. dent work on campus is honor of Methodism’s founder, John They are subtle changes, just as e-mail much more robust than Wesley. Students at Wesleyan are has replaced much of the communica- answering phones and fil- prepared through its curriculum of arts tion within your organization and the ing data. Our student and sciences, preprofessional and migration from print to electronic pub- employees are truly gain- professional studies, and its rich lications. Much of what we do we just ing valuable skills that campus life program. naturally do on the web. Student popu- they will take away with lations are highly nomadic — gathering them. and working in many different places. The information technology initiative Students choose a small college to be- has brought students together with the come engaged in the learning environ- knowledge and the network. ment with faculty who are passionate about their field of study. We know that We continue to stay poised to incorpo- no field stands on its own in the world rate new learning technologies that will in which we live. Our first priority is positively affect the teaching and learn- teaching and learning; the information ing process. One of our ongoing efforts technology program helps to yield gradu- is in testing wireless technologies that ates who receive an excellent education promise community wireless alternatives and who are highly competitive in in the future. We partnered with another today’s job market. Employers note that West Virginia company to build a wire- our graduates have the knowledge base less tower on our campus. This has at- they desire and a concise technological tracted wireless vendors who are in need learning curve compared with graduates of beta testing grounds for their prod- from other institutions. We will con- ucts. Wireless community access to the tinue to provide West Virginia with re- Internet is not yet a reality; but we are sponsible citizens who can sustain our helping to shape the direction for this natural culture and beauty, as well as technology. forge the economic landscape for a suc- cessful future. Views & Visions December 2002 21 Bowles Rice McDavid Graff & Love PLLC Economic Diversity through Technology James L. Estep, President & CEO West Virginia High Technology Consortium Foundation W ithout question, traditional nowned and technologically sophisti- West Virginia industries cated Federal agencies. such as energy and manufac- turing will continue to play a major role The Federal Bureau of Investigation, the in the future of West Virginia’s economy. Department of Defense, the Department Under Mr. Estep’s leadership, the Governor Wise has demonstrated lead- of Energy, NASA, the National Institute WVHTC Foundation has ership over the last year with the creationof Occupational Safety and Health undergone extensive reorganization, of his energy task force to help chart a (NIOSH) and others are now located in course for the future of West Virginia’s West Virginia and serve as critical eco- including an expansion of the I-79 energy sector. nomic anchors. As anchors, they pro- Technology Park and a complete vide a conduit for key Federal procure- restructuring of the organization’s However, few would argue that there ments. Hundreds of millions of dollars education division and technology must be continued diversification to have have flowed through these organizations affiliate program. Prior to his a truly healthy economy. It is not hard to the technology contractor community appointment as President and to notice that one of the significant di- in West Virginia. CEO, Mr. Estep served for four years versification efforts in West Virginia has as Vice-President for research at the involved technology. Efforts to diver- As this community matures and grows WVHTC Foundation. In that sify West Virginia’s economy with a tech- and becomes a greater presence, the im- capacity, he was a key provider of nology sector have been most visible in pact will become even more substantial. the technical leadership behind the north central part of the state. The truly exciting part of this economic the successful growth of the diversification component is that the eco- Foundation’s multi-million dollar As a result of the vision and efforts of nomic impact realized from the federal research programs. U.S. Senator Robert C. Byrd and First anchors to date is only the tip of the ice- North Central West Virginia District Congressman Alan B. Mollohan, berg of its potential. In addition, there the economic landscape of North Cen- are plans for other Federal anchors to join tral West Virginia has changed dramati- those already in the state. cally over the past decade, transforming the region from an economy dependent Another very important strategic com- upon traditional industries to one of ponent to the success of the technology technological advancement and diversi- sector is a strong and diverse technology fication. As a result, North Central West business community. A balanced busi- Virginia’s technology sector is poised to ness community provides the support explode, expanding throughout the state. infrastructure not only for the resident Federal anchors, but also provides a ve- The success of the North Central West hicle for high paying, high quality jobs. Virginia technology sector has involved When organized correctly, the business many years of strategic positioning. One community can leverage its efforts to of the critical components of this posi- fulfill its support role and to attract and tioning has been the growth of a Federal bring in additional work from around presence in the region. Thanks to early the country and world — ultimately re- efforts by Senator Byrd, our state now sulting in more jobs. includes some of the country’s most re- 22 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC One of the most exciting aspects of this West Virginia innovators. Services in- scenario is that the employees of these clude product evaluation, assistance in technology businesses, in turn, become business planning, market analysis, mar- fertile ground for entrepreneurs and hot ket strategy development and access to new start-up companies. When directed seed or early stage investment capital. In towards the development of commer- short, the INNOVA Commercializa- cial products and services, the wealth cre- tion Group seeks to cultivate the state’s ation potential becomes very attractive, entrepreneurial climate. which is at the very heart of economic development. The challenge, then, is to provide the “right resources” to harvest this opportunity. Enabling a strong, balanced and di- verse technology business commu- nity is perhaps the most challenging component of a technology-based economic diversification effort. While there is no “wrong or right recipe” for accomplishing this objec- tive, there are some fundamental components that must be addressed in some capacity. Over the last decade, efforts at the The Alan B. Mollohan Innovation West Virginia High Technology Consor- The WVHTC Foundation’s workforce Center is a $12 million, 110,000 tium (WVHTC) Foundation have development program is focused on re- square-foot office complex located in evolved to provide a framework for ad- cruitment and continuing education. the heart of the high-tech corridor in dressing this challenge. The framework The WVHTC Foundation’s affiliate Fairmont. Opened in 1996, the the WVHTC Foundation has evolved services program is being enhanced to Center is a public-private partnership to support its mission includes five key serve the technology community more dedicated to facilitating the areas: research and development, com- efficiently, with services including legal, mercialization, workforce development, accounting, travel services, training and continued growth of high-technology affiliate services and technology park de- education opportunities, and group jobs in West Virginia. Its principal velopment. health insurance, to mention a few. function is to provide much needed high-technology office and laboratory The WVHTC Foundation’s research One of the most significant efforts is the space, unavailable elsewhere in the and development division’s focus is to development of the I-79 Technology region, for the increasing number of expose the technology business commu- Park. The goal is to develop the I-79 technology companies wishing to nity to cutting edge high potential tech- Technology Park into one of the pre- locate in West Virginia. nologies. mier technology business parks in the country. The WVHTC Foundation recently an- nounced the creation of INNOVA, its These five key areas will continue to commercialization division. INNOVA prompt high tech growth and economic is designed to advance economic growth development in the north central region by increasing the number of new prod- and throughout West Virginia. ucts introduced into the marketplace by Views & Visions December 2002 23 Bowles Rice McDavid Graff & Love PLLC The Present and Future of Health Care in North Central West Virginia J. Thomas Jones, CEO West Virginia United Health System W est Virginia United Health tensive care, subspecialty pediatric care, System (WVUHS) was de- and sophisticated neurosurgical proce- veloped in the 1990s for its dures. These services, along with the members to work collaboratively to ad- highest level of trauma services, truly J. Thomas Jones was recently dress the health issues of then, of today, make WVUH a “safety net” hospital for appointed to the position of Chief and of tomorrow. the region and the state. WVUH is also Executive Officer of West Virginia working with Monongalia General Hos- United Health System. He WVUHS joins the resources of West pital, United Hospital Center, and previously served as CEO of Genesis Virginia University Hospitals (WVUH), Camden-Clark Memorial Hospital to Hospital System, Inc. and as and Clarksburg’s United Hospital Cen- provide heart services around our state. Executive Director and CEO of St. ter (UHC). WVUHS has a unique op- portunity to partner the efforts of com- United Hospital Center will shortly be- Mary’s Hospital, both located in munity-based health care with medical gin offering life saving interventional car- Huntington, West Virginia. education and research, to better the diology services on-site with surgical sup- Mr. Jones is also the former health of North Central West Virginia port from WVUH. UHC is among the Administrator/COO of and beyond. Collectively, we have 710 first in the nation to utilize “camera in a Wheeling Hospital. He holds a beds, 470 staff physicians and 4,468 em- pill” technology for non-invasive diag- Bachelor’s degree in Business ployees, making WVUHS the second nosis of certain small intestine disorders. Administration and a largest employer in West Virginia. UHC is one of only a few hospitals in Master’s degree in West Virginia providing a full range of Hospital Administration. WVUHS’s vision is to “bring health care post-hospital services, including a residen- providers together to improve the health tial assisted living facility and nursing of the communities we serve, by deliv- home services. North Central West Virginia ering quality, cost-effective health care, and supporting medical education and But the impact of WVUHS is felt be- research.” yond our region. WVUHS facilities serve residents from every county in West Vir- The WVUHS partnership embodies the ginia, as well as from Pennsylvania, not-for-profit model of health care, dedi- Maryland, Ohio, Virginia and Kentucky. cated to sustaining access to quality The cutting-edge neurosciences program health care by continually reinvesting in at WVUH attracts patients from as far facilities and services locally. Not-for- away as Israel, Greece, and Italy. profit organizations have a higher call- WVUHS also supports the development ing to provide care for everyone. This of cancer research at WVU that will be year WVUHS facilities will provide unparalleled. West Virginians will soon more than $15 million in charity care have access to unique cancer treatments for those unable to pay. that people outside of the state will seek as well at the Mary Babb Randolph Can- A key aspect of improving the health sta- cer Center. tus in the region is improving access to services. WVUH provides a range of spe- WVUHS has developed a regional view cialized services, including neonatal in- of health care, leading to ambitious plans 24 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC WVUHS joins the powerful resources of West Virginia University Hospitals (WVUH) and Clarksburg’s United Hospital Center (UHC). The cutting-edge neurosciences program at WVUH attracts patients from around the globe, while UHC is among the first facilities in the nation to utilze the advanced “camera in a pill” technology for non-invasive diagnosis of certain small intestine disorders. to upgrade system facilities. WVUH has will save an estimated additional $7 mil- become the first West Virginia hospital lion over the next few years. in more than a decade to request 70 ad- ditional beds to meet increased demand. The future is bright for WVUHS and This $75 million expansion will also add consequently for health care delivery in needed operating rooms and intensive the region. WVUHS is open to addi- care units to meet growing demand. No tional partners who are a strategic and a special rate increases will be needed for cultural fit. Additionally, WVUHS has this expansion. a vision of continuing to dramatically enhance access to cardiac, neuro, and on- Plans are also under way for the new cology services in the region, in conjunc- United Hospital Center, the first “21st tion with physicians in the WVU School Century” hospital in West Virginia. If of Medicine and those in private prac- approved, UHC will be the first large tice. replacement hospital built in the state in more than fifteen years. UHC will be There are daunting challenges facing the built with future health care needs in health care industry today in West Vir- mind: outpatient services will be ar- ginia. These challenges include rising ranged in “medical mall” fashion for co- medical malpractice insurance rates, the ordination between services and easy ac- financial woes of PEIA and the Medic- cess for our aging population. UHC is aid program, and the scarcity of physi- now among the lowest cost hospitals in cians, nurses and other health providers. West Virginia and is projected to have The future of health care in our state charges lower than average even with con- will include the challenges of today and struction of a new facility. unknown changes that will emerge over time. In addition to strategic benefits of part- nership, WVUHS has delivered cost sav- WVUHS believes the best way to ad- ings that its members could not achieve dress the problems of today, and tomor- individually. By combining purchasing row, is to do our best to create that fu- contracts and standardizing some items, ture in partnership with like-minded WVUHS has already saved in excess of hospitals and physicians to sustain and $2.2 million. With centralization of sup- improve the health status of citizens in ply-chain processes this fall, WVUHS the region. Views & Visions December 2002 25 Bowles Rice McDavid Graff & Love PLLC Research Ridge: Community Makes a Difference Patrick R. Esposito, Sr., CEO Augusta Systems T he first step in the quest for sus- dynamic interplay between public and tainable economic development private-sector researchers at NETL and in West Virginia involves pro- at Research Ridge, we have planted the viding the tools that can help businesses seeds of what can blossom into a thriv- to succeed. A key tool, as defined by the ing energy and environmental technol- Patrick R. Esposito, Sr., is the mantra of the retail sales industry, is lo- ogy cluster in the Morgantown area. President of Whitman Augusta and cation, location, location. the Chief Executive Officer of In so doing, we believe that Research Augusta Systems, a Morgantown- In Morgantown, we at Whitman Au- Ridge plays an important part in the based start-up energy technology gusta set out to provide just such a tool, overall efforts to expand the knowledge- company. Esposito serves as the right location, for the leaders of the based economy in North Central West chairman of the West Virginia region’s burgeoning energy and environ- Virginia, whether that growth involves Governor’s Energy Task Force and mental technology sector. As the sister energy technologies, IT, biometrics, or company to Augusta Systems, an energy any of the dozens of possible success sto- as co-chairman of the Southern technology start-up company itself, we ries being written across the region. Most States Energy Board Task Force on understood the demands and physical likely, growth will involve the hand-in- Electric Utility Restructuring. He requirements necessary for the success of hand development of these clusters and also represents West Virginia on the technology-based businesses. The result businesses. What is good for one sector National Coal and Power Systems was a first for Morgantown: Research is good for all of these sectors. Committee and the Southern Ridge, a campus-style research and busi- Global Strategies Council. ness park built using the most up-to-date It is this spirit of community and possi- energy efficient technologies, including bility that brought Research Ridge into ultrasonic and infrared sensors, along existence in the first place. Research North Central West Virginia with fiber optic service, data ports and Ridge was developed to provide a com- radiant heating. munal location, with a relaxed atmo- sphere and the necessary amenities, where Strategically located adjacent to the U.S. knowledge workers can communicate, Department of Energy’s National Energy collaborate and thrive. Technology Laboratory (NETL) — home to the federal government’s fossil My work as chairman of the Governor’s energy research programs — Research Energy Task Force, and as a team mem- Ridge houses 12 science and technology ber with the researchers at NETL and companies, including global leaders Research Ridge, has proven to me that CTC, EG&G and SAIC. As many of West Virginia can remain a leader in its these companies are Department of En- traditional strengths, such as the supply ergy contractors, the close proximity to and delivery of energy, but can also out- the laboratory, plus the collegial atmo- distance its competitors in new arenas, sphere at Research Ridge, has helped to such as the research, development and spur collaborative research, development commercialization of new energy tech- and commercialization of energy and nologies. The deciding factor will be the environmental technologies. With the 26 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC support that our entrepreneurs and re- Our experiences with Research Ridge and searchers receive from our communities. with the energy and environmental re- search community have proven to us that We believe that Research Ridge has been North Central West Virginia has the tal- able to provide such support for the sci- ent, the tools and the commitment that ence and technology leaders in the can spur economic growth. Our region Morgantown area. In fact, because of is well on its way to turning dreams into the success of these businesses and the reality. That reality starts with commu- continued growth of regional research, nity. It is what makes, and has always we have announced plans to expand Re- made, West Virginia strong. search Ridge. Over the next three years, Research Ridge will double in size, pro- viding further opportunities for business collaboration and job growth. Bowles Rice is Proud to be an Active Part of North Central West Virginia’s Growth and Success! Bowles Rice is proud to be a part of the growth and bright future that is North Central West Virginia. We have had offices in North Central since 1990, and several of our lawyers have practiced in the region for much longer than that. Bowles Rice represents many clients in this region, including individuals, businesses, health care providers, developers, public entities and new economy businesses participating actively in the high-tech and biotech arenas. Additionally, members of our firm teach at the WVU School of Law as Adjunct Professors and serve on WVU’s Board of Advisors, and we also actively participate in and contribute to the many dynamic communities in North Central West Virginia. At Bowles Rice, we are proud to be a part of North Central and to contribute to the success of our clients and the entire region. Views & Visions December 2002 27 Bowles Rice McDavid Graff & Love PLLC Mylan Park: A North Central West Virginia Treasure Mark Nesselroad, CEO Glenmark Holding LLC W hen the first pitch of Anker November. A site has been selected for Fields Spring 2000 was a new elementary school and commu- lobbed over the donated nity-based educational activities center. 30.5 acres of Anker Energy’s reclaimed Sports fields and facilities have been de- surface mine, it was the beginning of far signed to benefit school programs as well Mark Nesselroad is CEO of more than a baseball game. What started as the community at large. Each of these Glenmark Holding, LLC, a as a plan among friends to provide base- relationships is uniquely crafted to pro- commercial real estate development ball and softball practice facilities for vide maximum benefit to all participants. and investment company. He serves local high school students has become as President of the Monogalia one of the most exciting and multi-fac- Recreational needs are being fulfilled with Vounty Schools Foundation, Inc. eted developments in all of North Cen- Anker Baseball and Softball Complex and Vice-President of the Campus tral West Virginia. plus a new seven field complex for soc- Neighborhoods Revitalization cer, football, and lacrosse due for comple- Committee. tion in Spring 2003. The West Virginia The park has since exploded into 15 Miracle Sports Complex, a uniquely de- projects under construction or on the signed field for children and adults with drawing board and 320+ beautiful acres physical and mental disabilities is under of prime property slated for future de- construction and will be the second one velopment. In addition to enhancing the of its kind in the United States. educational, cultural, and recreational resources of local communities, these A recently completed cross-country projects are sure to bring a tremendous course is utilized by area high schools and economic boost to the area and State middle schools as well as WVU. A North Central West Virginia economy. mountain bike course is the next to be designed. A Horse Park is also in the Spearheading the effort is the master plan and will provide space for Monongalia County Schools Founda- equine competitions as well as a multi- tion, Inc. (MCSF) is a non-profit, tude of multipurpose community 501(C) 3 legal organization formed in events. 1999 to support the sports facility needs of the area high school programs. MCSF A site has been identified for construc- now does business as “Mylan Park” with tion of a new SteppingStones facility. a much broader mission and more di- Long respected as a premier organization versified focus. serving the recreational needs of the physically and mentally challenged, Education remains a main focal point SteppingStones will ensure tat Miracle of the Foundation and its mission. The Complex and other park facilities are county school’s Alternative Learning enjoyed for years to come. Center (ALC) is now housed in Mylan Park, and the new transportation center A large natural bowl created in the min- for school busses will opened there in ing reclamation process is slated for de- 28 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC The Mountaineer Balloon Festival at Mylan Park The Mountaineer Balloon Festival, which now takes place at Mylan Park, became a reality in 1984. Since then the festival has grown from 24 balloons/sponsors to 50 balloons (total capacity), 45 sponsors, 5 race sponsors, and a “Nite Glow.” Balloonists come from eight states: Ohio, Maryland, Virginia, North Carolina, Michigan, Connecticut, and West Virginia. The Festival receives national attention and draws crowds of nearly 30,000 people. The area’s most unique and colorful event, which includes carnival rides, arts and crafts, souvenir and concessions and a petting zoo, is now in its 19th year. Phototography by Jan Berkow velopment as a five thousand-seat am- This volunteer energy coupled with the phitheater. The park is now a prime site financial backing of individuals, busi- for area events such as the Mountaineer nesses, foundations, and public entities, Balloon Festival, the East Coast Univer- is making Mylan Park a growing success sity Mini Baja competition as well as dog and source of West Virginia pride. shows, picnics, and much, much more. The success of this effort has been due to the wide cross-section of respected business and civic leaders who continue to be giving of their time and expertise. Views & Visions December 2002 29 Bowles Rice McDavid Graff & Love PLLC West Virginia: Many Regions — One State Scott Rotruck, President & CEO Morgantown Area Chamber of Commerce L North Central West Virginia has many et me say up front that I love this community and economic development state, absolutely all of it. I hold more optimism than ever for our initiatives, such as Morgantown’s Vision 2020 Program and the I-79 Strategic future. With that set forth, I will share some thoughts about The Mountain Planning Group, both of which have a State, especially some exciting develop-strong record of coordinating talent and Before being elected President and ments in North Central West Virginia. other resources, with excellent coopera- CEO of the Morgantown Area tion among the public, private, academic, Chamber of Commerce, Scott But first, how do we get our arms labor and business sectors. This collabo- Rotruck served as Chairman of the around the whole state, where like an ration yields the strength of five-axis Chamber and spent fifteen years in extended family, we have a great diver- woven Kevlar, creating an inviting cli- the energy sector. He also served for sity of needs, talent and resources? mate for high-technology growth. two years as the economic development director and senior First, we should seek to understand the Access to a Skilled and Educated Work adviser to President Hardesty at unique resources and challenges of the force: North Central West Virginia is West Virginia University. Mr. many distinct areas of our state. Then, blessed with abundant educational re- Rotruck was appointed to the we must meet the challenges and lever- sources, including a U.S. Top 100 School Governor’s Energy Task Force in age our assets through the state’s com- System in Monongalia County, as well 2001, and serves on the executive munity and economic development as West Virginia University’s increasing committee for theWV Council for strategy called West Virginia: A Vision enrollment and Fairmont State College’s Shared. We are one state, so we must unique educational programs for the bur- Community and Economic engage in an ascending order of part- geoning aerospace industry near Development. He is Chairman of nerships at the local, regional and state Benedum Airport. Additionally, the North Central West Virginia the West Virginia levels, which in a state of limited finan- PROMISE Scholarship continues to en- Jobs Investment Trust. cial resources, but unlimited economic courage academic achievement, increas- potential, ultimately help create and sup- ing enrollment in our colleges and uni- port A Vision Shared. Among the many improvements taking place in North Central West Virginia is the development on Morgantown’s Wharf District along the Monongalia River. The $186 million waterfront project includes the Caperton Trail, the 18-floor Radisson Waterfront Hotel and Conference Center, the Hazel Ruby McQuain Park and the WVU Visitors Resource Center. 30 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC versities and, perhaps most importantly, help fund its growth. Otherwise, many ensuring that West Virginia’s “best and promising opportunities may gravitate brightest” will contribute to a better and to out-of-state funding sources. In the brighter future for us all. last few years, West Virginia has devel- oped significant, new capital resources Proximity to World-Class Research which should prove very valuable to the Institutions: As economic dominance North Central region. These include the by knowledge-based goods and services $30 million New Mil- continues to accelerate, West Virginia is lennium Fund at the developing a strong presence in such in- West Virginia Jobs In- dustries. WVU has been designated a vestment Trust, the ad- Doctoral Research University Extensive dition of several new institution by the Carnegie Foundation capital programs under for the Advancement of Education, plac- the West Virginia Eco- ing the University in the top tier of edu- nomic Development cational research institutions in the coun- Authority and the par- Economic growth and try. This intellectual capacity is being ticipation of several new opportunity in West focused on solving real problems, with private sector capital Virginia are fueled by the broadest research potential being le- companies. a skilled and educated veraged when teamed with other region- workforce, substantial ally located entities, such as the National A Great Place to Live, research, quality of life Energy Technology Laboratory, National Learn, Work and Play: and new, capital in- Institute of Occupational Safety & North Central West vestment dollars. Health, Institute for Scientific Research, Virginia is a great place the West Virginia High Technology Con- to live, learn, work and sortium and the FBI Criminal Justice play. Thanks to the Identification System, to name a few. leadership of Congress- man Alan Mollohan An Attractive Quality of Life: Quality and the work of the of life can mean many different things West Virginia High to many different people. Fortunately, Technology Consor- West Virginia offers a wide variety of set- tium in expanding tings and experiences to accommodate a technology along the I- diverse range of tastes. Appreciation of 79 Corridor, many ex- this high quality of life by the world out- citing opportunities side West Virginia was evident when have been created and Bizjournals.com selected Morgantown as many more are soon to follow. the #1 Small City in America. The eco- nomic development significance of the A skilled and educated work force, sub- quality of life is captured in the creed ofstantial research, a superb quality of life, a very successful venture capital company and new, capital investment dollars — called Village Ventures, where they say, all organized and leveraged through an “find smart people in bucolic settings and ascending order of coordinated develop- add money.” ment initiatives — has indeed made the region a very fine candidate for growth Access to Capital: It is critical for West and economic opportunity. Virginia to have indigenous capital to Views & Visions December 2002 31 Bowles Rice McDavid Graff & Love PLLC New Research Partnerships Power Regional Economy Robert D. D’Alessandri, M.D., Dean West Virginia University School of Medicine T en or fifteen years ago, the role But it’s a step that has to be taken to of an academic health center move West Virginia University and the seemed set in concrete. Train health research effort here to a higher doctors, nurses, dentists, other health level. The pace of progress in health care professionals, run a big hospital, do some has quickened to the point where the path Robert M. D’Alessandri, M.D., is good research. For half a century, this from the laboratory bench, to the research pattern served us well — providing the trial, to the marketable product must Vice-President for Health Sciences trained people to deliver health care in often be taken in months rather than de- and Dean of the School of Medicine our communities, serving as the hospi- cades — and those who do not adapt to at West Virginia University. A tal of last resort for the very sick and the this new pace will always be two steps specialist in infectious diseases and very injured, and launching the ideas and behind. general medicine, he is a fellow of concepts that others put to use in devel- the American College of Physicians oping new drugs and treatments. By establishing the Blanchette and a diplomate of the American Rockefeller Neurosciences Institute at Board of Internal Medicine. We’re still doing all those things. Their WVU — in cooperation with Johns Dr. D’Alessandri has long been value is undiminished. But there’s a Hopkins University — Senator Jay active in health policy issues whole new side to what we do at the Rockefeller gave us a sturdy push in this nationally and in the State of West WVU Robert C. Byrd Health Sciences direction. The Rockefeller Institute, Virginia, working closely with Center that is changing the face of north- from the day of its creation, was a hy- elected officials and policymakers to ern West Virginia. brid of philanthropy, science and busi- improve access to health care in our ness. Today, it’s making headlines by de- state and across the nation. We’re entrepreneurs. We’re bringing to- veloping a simple test for Alzheimer’s dis- gether investors, foundations, brilliant ease — one that was subject to the rigor- North Central West Virginia scientists on and off campus, and public ous scientific tests required by academia, and private enterprise to create new eco- but will be developed by the indepen- nomic and scientific entities that not only dent corporation that was set up to bring develop ideas, but also bring them to the the Institute’s work into the marketplace. marketplace — creating jobs and ad- vancing health care at the same time. Variations on this model will power the next evolution of the economy of North It’s not an easy transition for some. The Central West Virginia. Our Mary Babb clear lines that once divided the campus Randolph Cancer Center researchers are from the marketplace are now blurring. among the leaders in a new field of sci- Institutions that once saw themselves as ence — proteomics — which promises rivals may become partners. People who to give doctors the power to tailor can- are allied with the University also have cer drugs to match the protein structure responsibilities to others — stockhold- of the cells in an individual patient. We’re ers, other campuses and independent working with a start-up firm — financed foundations — that may lead to con- by seasoned veterans in the biotech in- flict or disagreement. dustry — that will take the proteomics technology developed at WVU and put 32 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC it into the hands of researchers across the The designations brought with them world. some $20 million in long-term research funding. On campus, we have to build the facili- ties and faculty that will continue to The state of West Virginia has also, of power this research-based growth. We late, recognized the importance of re- have an ambitious plan for more than search in building a 21st century $250 million in campus improvements economy, and has begun to include re- over the next 10 years. We’re building a search funding in the state budget. new library, a home for the Blanchette Rockefeller Neurosciences Institute, a Research at WVU is by no means lim- larger cancer center and more and better ited to health care. The efforts of our research labs. engineering, biometrics, agriculture and other researchers are also starting to Our efforts — and our successes — are flower in new directions. The synergy attracting more and more external re- of these efforts is creating a community search funding to WVU. of scientists on and off campus who sup- port and encourage each other, contrib- The Howard Hughes Medical Institute ute to the intellectual and cultural de- has helped us build a new transgenic re- velopment of the region, and create de- search facility and funded new research mand for high-quality housing, food, faculty positions. The National Insti- consumer goods, entertainment and tutes of Health designated two Centers other needs that ripples across the of Biomedical Research Excellence at economy. WVU — one in our cancer center, the other, in sensory neuroscience, in col- It’s an exciting time to be at WVU. laboration with Marshall University. The WVU School of Medicine educates health professionals, provides thousands of people with medical care, and conducts lifesaving research. WVU medical faculty and students are at the leading edge of scientific studies of the biological process of life — and at the forefront of efforts to bring health advances to residents of West Virginia’s cities and rural areas. Views & Visions December 2002 33 Bowles Rice McDavid Graff & Love PLLC West Virginia University’s College of Creative Arts: On A Mission Bernie Schultz, Dean West Virginia University College of Creative Arts “The mission of the faculty and staff of the College of Creative Arts is to advance the visual and performing arts. We advocate life- long appreciation, understanding, and involvement in the arts as a medium in which the diversity of human experience is expressed, examined, and valued. Bernie Schultz is Dean of West Virginia University’s College of We accomplish our mission by being a student-centered college, Creative Arts and Professor of Art educating succeeding generations of artists, teachers, and schol- History. He was Chairperson of the ars through excellence and innovation in performance, exhibition, Division of Art from 1989 to scholarship, and the dissemination of creative research. We pro- 1994, and served as the Associate vide exceptional opportunities for critical engagement in the arts Dean for Academic Affairs in the to the citizens of West Virginia and beyond.” College of Creative Arts from 1994 to 2000. Schultz has been T recognized as a distinguished he faculty, staff, and students of Our graduates are distinguishing them- teacher and has received grants for West Virginia University’s Col- selves in their fields. Chris Sperandio, curriculum development. He is a lege of Creative Arts (CCA)are an Art alumnus, exhibited his work in frequent speaker on topics relating on a mission — a mission which was re- the Museum of Modern Art in New York to his research and to arts defined and affirmed earlier this year. City in May; Missy Hairston, beginning administration. her career as a comedic performer, from The arts are a profound form of human the Division of Theatre and Dance, re- communication. Guided by this under- cently won the competition for “Funni- North Central West Virginia standing, we are driven by a passion to est Person in Queens” and was runner- advance the arts and their meaning in up for “Funniest Person in New York”; people’s lives and, through the education and James Valenti, a Music graduate, was of our students, to lead in creating the one of four winners of the Metropolitan future of the arts. Opera National Council Grand Finals in April. But while our mission is direct, its actu- alization is complex and multi-layered. But while the College of Creative Arts Our faculty are nationally and interna- and the Creative Arts Center bring inter- tionally prominent. This past year alone, national recognition to our state, we re- they exhibited, performed, or gave pre- main mindful of our special responsibil- sentations all across the U.S. and in more ity to the citizens of West Virginia. Each than a dozen countries. Many faculty year, the College sponsors hundreds of occupy key positions on state and na- activities throughout our State, from tional committees and professional or- scholarly lectures on the arts to perfor- ganizations, advancing education in the mances of “The Pride,” our beloved arts. marching band. These activities reach thousands of West Virginians. 34 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC The WVU College of Creative Arts is comprised of the Divisions of Art, Music, and Theatre and Dance, three professionally accredited and nationally recognized programs in the Arts. The College of Creative Arts educates future artists, teachers and scholars through excellence and innovation in performance, exhibition, instruction and creative research. As part of this ongoing effort, CCA has Regional data report forged partnerships with a number of that for every $1 regionally-based professional arts orga- spent on the arts, $7 nizations. A partnership with the Pitts- - $9 are generated in burgh Symphony Orchestra, announced the local economy, in in March, will open opportunities for restaurants, hotels, our music students. We have recently shops, etc. We cur- entered a more comprehensive partner- rently are engaged ship with Oglebay Institute in Wheel- with another partner, ing, one of the most respected institu- Arts Monongahela, tions in our nation. We are pursuing ad- in assessing the eco- ditional partnerships throughout West nomic impact of the Virginia and we are thrilled that the arts in the Mor- WVU Symphony Orchestra will per- gantown area. form as part of the opening celebrations of Charleston’s Clay Center in February The arts have been 2003. part of the fabric of education at West While the arts greatly contribute to the Virginia University quality of life for West Virginians, they for over 100 years. As we enter our sec- are also value-added professions. A 1999 ond century of enhancing the educational survey funded by the National Endow- experience at WVU, our mission is de- ment for the Arts confirmed the signifi- fined, our vision is before us and the cance of the CCA and the Creative Arts promise is bright. Center to the community and the region with a 95% overall approval rating from respondents. Local, regional and national studies have conclusively proven that the arts generate economic development. Views & Visions December 2002 35 Bowles Rice McDavid Graff & Love PLLC The Stars are Shining Bright on North Central West Virginia The Honorable Michael Oliverio West Virginia State Senate N ever before has there been so morial Hospital in Morgantown is pre- much interest and so much paring for a nearly $100 million expan- investment in North Central sion to make available new clinical ser- West Virginia. With success stories in vices and facilities for patients. In several economic areas, the region is Clarksburg, The United Hospital Cen- Michael A. Oliverio II was born in poised to become even stronger in the ter is preparing to build an entirely new Fairmont, West Virginia, and years to come. facility near I-79. In addition, Fairmont earned his Master’s in Business is pursuing an opportunity with a for- As for education, the region is home to profit hospital chain, in which a $100 Administration from West Virginia the state’s largest university, West Vir- million facility may be built near the University. He was elected to the ginia University, and its largest college, South Fairmont exit. West Virginia House of Delegates in Fairmont State College. Both are at or 1992, and then ran successful bids near their highest enrollment ever, and Health care facilities not only provide ser- to the West Virginia State Senate in are actively pursuing new growth strate- vices to citizens throughout our state and 1994, 1998 and 2002. Senator gies. Hundreds of millions of dollars beyond, they also create tremendous eco- Oliverio is a Captain in the are being poured into facility needs at nomic opportunities. Ruby Memorial United States Army Reserves. the university and the college to accom- alone hired over 750 new employees this modate the growing enrollment and the year and will continue to grow with the variety of programs and services being facility improvements coming soon. offered. One shining example stands in Morgantown, where the new Student Efforts have been made to develop spe- Recreation Center is now available to cializations in the areas of cancer research thousands of WVU students. The $34 and neuroscience research. Both fields North Central West Virginia million complex provides multi-faceted have generated millions of new research recreational opportunities and serves as dollars for our community. Beyond a recruiting tool for faculty, staff and stu- that, they present unique opportunities dents. An expansion of the library at WVU, more class- rooms and residence halls at Fairmont State, and an expanded aero- space training facility in Bridgeport await new students. When you talk about health care, no region in the state can com- pare to the offerings of North Central West Virginia. Ruby Me- WVU’s $34 million Student Recreation Center 36 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC to discover cures to the diseases of the gantown, there were few festivals to at- body and mind. tend throughout North Central West Virginia. Beyond the Buckwheat Festi- We still mine coal in North Central West val, there seemed to be few opportuni- Virginia! Last year alone, Monongalia ties and activities during the weekend. County mined more coal than even Lo- However, over the last twenty years a va- gan County. The mining industry’s pres- riety of festivals have emerged. One of ence in North Central West Virginia cre- my seasonal favorites is Morgantown’s ates jobs that provide good wages and Balloon Festival, where hot air balloons competitive benefits. The many spin- form a spectrum of color across a bright offs associated with the mining industry blue fall sky. strengthen the region as a whole. Yet one of the big- When it comes to manufacturing, no gest investments in better example exists than that of Mylan North Central West Pharmaceuticals. Last year, Mylan filled Virginia is the devel- more prescriptions than any drug com- opment along the pany in America. With over 1200 em- Monongahela River ployees in Morgantown, Mylan is one in Morgantown. of the state’s largest employers and is re- The WVU Found- sponsible for a significant portion of the ation’s seven-story state’s payroll taxes. administration building and Visitors Through a combination of cutting-edge technology and tradi- New to the region are the aerospace and Resource Center and tional West Virginia hospitality, the WVU Visitors Resource technology industries. The I-79 Tech- the Radisson Hotel’s Center, located along Morgantown’s Wharf District, features nology Park has served as an incubator eighteen-story build- two round table-like devices that, when tilted, move computer- for many small high-tech companies. ing tower over the ized maps of Morgantown on the circular surfaces and identify The newest addition coming is the In- many developments city highlights. A screen that slides along the room’s wall shows stitute for Science Research. In short or- in the Wharf Dis- videos promoting different aspects of WVU. der, they will employ three to four hun- trict. An amphithe- dred people. In addition to the private ater, made possible sector successes, the federal investment by the generous contributions of Hazel of the FBI and NASA facilities employ Ruby McQuain, has already been home thousands. to the Wheeling Symphony. Among the many developments along the river, my Over the last decade, thousands of jobs favorite, though, remains Oliverio’s res- have been created in these two industries, taurant. yet the future promises to bring thou- sands more employment opportunities. I doubt that few places in the country Fairmont State College’s aerospace train- with a population base of about 250,000 ing program has enabled West Virgin- can boast the amenities, services and re- ians to receive their training close to sources that North Central West Virginia home and then work in the industry has to offer. While the stars have always within the region. shone over North Central West Virginia, they now appear to be glowing even Even our tourist activities seem to have brighter. exploded over the last two decades. When I was a child growing up in Mor- Views & Visions December 2002 37 Bowles Rice McDavid Graff & Love PLLC The Square at Falling Run: Where Corporate America and Academia Meet Mac Warner, Developer The Square at Falling Run D avid Hardesty recognizes it. So tion from a recognized world leader in does Dan Angel. That is why their particular field? The answer is found the President of WVU is cre- in the second pillar of the university ex- ating a research park and doing every- perience: socialization. Unlike learn- thing in his power to set the proper so- ing, socialization cannot take place vir- cial atmosphere at the state’s flagship in- tually, impersonally or via the Internet. Mac Warner is married to the stitution. That’s why the President of With socialization, we immerse our former Debbie Law of Charleston, Marshall University argues the need for youth in the array of human experiences and they have four children, Steven West Virginia to embrace and further our outside the family and outside the geo- (16), Krista (15), Lisa (12) and lead in biometric research and develop- graphic community where they were Scott (9). Mac is a co-managing ment. Both leaders recognize the answer raised. This is what a university campus partner in The Square at Falling to West Virginia’s economic future is cre- has always offered and will always offer. Run, LLC. Mr. Warner received his ating the proper nexus between Corpo- Nothing can supplant it. Children will law degree from WVU College of rate America and Academia — for when always have the need to leave the nests, Law, and earned an LLM in business, academia and young energetic socialize, interact and learn to make de- International Law from the minds intermingle in close proximity, an cisions for themselves. The universities University of Virginia, and an economic and entrepreneurial explosion that can effect positive socialization will LLM in Military Law from The merely awaits a few well-placed sparks. survive; those that don’t will perish, vic- Army JAG School. Mr. Warner is a tims of the information revolution. Why the Catalyst Around Universities? graduate of West Point, and served “The most fertile ground for growth is our The best universities have known it for in the United States Army for 23 universities.” years, and the gap between good institu- years, retiring in 2000 as a — Dan Angel, President of Marshall University tions of higher learning and the medio- North Central West Virginia Colonel. cre will widen in the future over social- Historically, we send children to post- ization. Consider for a moment: secondary educational institutions for Harvard Square in Cambridge, MIT’s two reasons: learning and socialization. Kendall Square, Yale’s Chapel Square in Together, these twin pillars form “the New Haven, Princeton’s Palmer Square, university experience.” Today, however, and The Lawn at the University of Vir- the brick and mortar buildings that are ginia. At the same time, consider uni- our traditional houses of learning are versities with a business or research and being challenged by a technological tidal development component in close prox- wave. Any number of high-tech video, imity: Penn’s Sansom Commons in Phila- TV, computer or other communication delphia; the Research Triangle between devices can transmit the raw data of Duke, UNC, and NC State; Easton learning to anywhere in the world. Town Center near Ohio State; NC State’s Centennial Park; and the list continues. So, why would students pay to attend a Top-tier universities invest in creation of college when, at a fraction of the price, “town squares” that provide open space they could sign on to a virtual interac- for retail, commerce, students and pro- tive classroom and get the best informa- fessors to aggregate. 38 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC Morgantown has a chance right now to emony with Churchill’s quote. As the change its image like never before. It horse that pulls the whole cart, businesses was recently recognized as the number provide the tax base that allows govern- one small town in America. Our Con- ments to build civic buildings and in- gressional delegation is as strong as any frastructure, businesses compensate em- in this nation, and they ensure WVU is ployee salaries so they can provide for a top recipient for R&D grants. Already their families, and businesses respond to well known for our health care facilities, demands with new innovations and mar- WVU will soon join the list of universi- ket-driven supplies. Everyone prospers ties with a research park. This addition, when business flourishes. along with being one of our country’s land grant institutions, will con- tinue to distinguish WVU as a leader in higher education. WVU has also just com- pleted a Recreational Center that is second to none, and our Rails to Trails project is magnifi- cent. But the thing that has plagued Mor- gantown for decades is its poor image in hous- ing. It is time for Morgantown and WVU The Square at Falling Run is a 40-acre, $244 million development adjacent to the downtown to provide our citizens campus of West Virginia University. and our students a world-class focal point for socialization. It is time to build The Square at Falling Run. Now, for the connection between Business and Academia. Business and Economics. “No one does more good, for more people, “Some regard private enterprise as if it in more ways, and in more places around were a predatory tiger to be shot. Others the State of West Virginia, than does West look upon it as a cow that they can milk. Virginia University.” Only a handful see it for what it really is: — Verl Purdy, President of AGDATA Inc. the strong horse that pulls the whole cart.” — Winston Churchill Dan Angel argues, “University research- ers are there to design and develop inno- Recently the WVU College of Business vations, students are there to learn and and Economics inducted into its Hall of test ideas, and expensive, high-tech Fame Richard Adams, Ogden Nutting, equipment is there, which would be Verl Purdy, Bray Cary and Charles Ryan. impossible for entrepreneurs to purchase B&E Dean Jay Coats opened the cer- on their own . . . The most fertile ground Views & Visions December 2002 39 Bowles Rice McDavid Graff & Love PLLC (Warner . . . continued from p. 39) for growth is our universities!” Simply tune 500 companies, national retailers, stated, the connection is obvious be- executive education facilities, mixed tween the mission of all institutions of with local retailers. Envision thousands higher learning to educate, and the end of undergraduate students, hundreds of result of putting that education to work graduate students and numerous hon- via quality jobs to enhance the commu- ors and international students — all liv- nity at large. ing above the storefronts, but yet liter- ally across the street from where 80 per- The demographic and economic trend cent of their classes are located. Inter- lines cannot be ignored – especially in mixed and living within minutes of these West Virginia. We have lost an average same students, hundreds of faculty and of 44 people per day for over 20 years. staff, and other local residents live so West Virginia remains at, or near, the that they pass by these offices, shops and bottom of far too many economic indi- housing units on the way to University cators. We must find a way to maintain and downtown jobs. All of these people a proper population base, attract busi- can get out of bed, walk to coffee and nesses and reverse those trend lines. The bagel shops, and proceed to their offices issues are interconnected, and the solu- without starting their car! At lunch, tions will be multidimensional. As a they meet friends, students and business land-grant institution, part of WVU’s associates at outdoor cafes, while people- student-oriented mission is to promote watching around the town square. Af- business and conduct research and de- ter work, they can dine at any number velopment. of restaurants, catch a movie, and win- dow shop before turning in for the night. So, why have I spent 2/3rds of an article Their car becomes an option, not a ne- about a mixed-use development talking cessity, and the pedestrian presence en- about universities and business? Because hances the quality of life. The Square at Falling Run is the place North Central West Virginia where this will best happen for the State The specifications and layout of The of West Virginia. The linchpin to the Square at Falling Run are breathtaking. entire economic situation for our Moun- It is a 40-acre, $244 million develop- tain State lies at the heart of improving ment adjacent to the downtown cam- the University experience – everyone ben- pus. This public-private partnership will efits when the institutions of higher drastically enhance the renaissance of learning are enhanced. WVU has been, downtown Morgantown that is already and must continue to be, at the heart of under way. The grounds of The Square solving this State’s economic problems. will extend the green spaces of WVU while providing pedestrian thorough- The Square at Falling Run. fares that create the student- and pedes- “Start your day without starting your car!” trian-friendly aura long missing on our — Advertisement for Birkdale Town Center near downtown campus. The Square at Fall- Charlotte, NC ing Run will provide two new gateways to WVU, one at the Sunnyside inter- Imagine a state of the art retail/office/ section at Campus Drive, and one from housing/entertainment complex housing the Mileground on Route 119. This the best of Corporate America. Yes, For- development will propel WVU and 40 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC Artist renderings of The Square at Falling Run, with views from the campus of West Virginia University. Morgantown to the forefront of univer- trict along South University Avenue and sity experiences for socialization. turned that into a showcase now known as the Wharf. The city has made great Conclusion strides in rezoning and clearing the way “This is a powerful tool that can help us for new development inside Mor- invest in new jobs and revitalize commu- gantown, and the state has adopted a nities across the state.” constitutional amendment, Amendment — Governor Bob Wise, speaking on Amend- One, that will allow private enterprise ment One to finance large-scale projects such as The Square at Falling Run and the infrastruc- President Hardesty has worked tirelessly ture required to make such projects a to enhance the reputation of WVU. He success. oversaw the constructive changes of the once unruly “Pit,” he initiated the na- It is time to build this city, the state’s tionally-acclaimed “Up all Night” pro- Flagship University and the people of gram, he replaced the unwieldy Grant West Virginia a world-class mixed-use Street block party with Fall and Spring development, focused on socialization, Fests, and he and his wife Susan have where Corporate America and Academia initiated a highly successful Parent’s Club. can meet. Clearly, President Hardesty has a vision for proper university socialization. It is time to build The Square at Falling Meanwhile, the City of Morgantown has Run. cleaned up the unsightly warehouse dis- Views & Visions December 2002 41 Bowles Rice McDavid Graff & Love PLLC Undertaking Development Projects in the Public Arena Kimberly S. Croyle, Esquire Bowles Rice McDavid Graff & Love PLLC H ave you ever been frustrated body, you are asking your public offi- when trying to advance your cials to violate the Sunshine Law. development project through what seems to be an endless stream of TIP: There are two ways to avoid the government red tape? Who hasn’t! At above situation. One way is to meet with Kim Croyle, a member of the firm, one time or another, it seems that all of the entity’s official Secretary well in ad- us have questioned why it takes so long vance of the meeting and ask to have your practices out of the Morgantown and why we must jump through so subject placed on the agenda. For those office and represents public entities many hoops to complete a simple per- entities that hold regular meetings two throughout the state on matters such mitting process, zoning variance and the or fewer times per month, that will mean as the Open Governmental like. Contrary to popular belief, the gov- the agenda must be published at least Proceedings Act, the Freedom of ernment has not set up roadblocks sim- three business days prior to the meeting. Information Act and the Pecuniary Second, if you do not get on the agenda ply to watch you struggle. Instead, our Interest Statute. She currently in advance, following your presentation, lack of understanding of the rules under serves on the Monongalia County which public officials must operate ask if your subject can be placed on the Board of Zoning Appeals. clouds our view of what those officials agenda for the next meeting. The gov- are trying to accomplish. In this article, ernment body may discuss the issue only we will debunk some of the myths sur- to the extent necessary to determine rounding government action by exam- whether official action may be needed, ining the stringent requirements of the and, if so, reschedule it for another meet- Open Governmental Proceedings Act ing. (OGPA) and providing some tips for working more effectively and efficiently MYTH: It’s easier to get things done by North Central West Virginia within these parameters. inviting a few public officials to lunch and discuss my project there. MYTH: I never seem to get an answer when I appear at meetings and explain FACT: It may be easier, but it may also what I want to do. They won’t even dis- incur criminal penalties for the public cuss my project! official! Our courts and the Ethics Com- mission have found a violation of the Act FACT: The Open Governmental Pro- when two or more public officials meet ceedings Act, also known as the Sunshine prior to a regularly scheduled meeting and Law, limits public officials from acting discuss or review matters with the intent upon an issue that does not appear on of the discussion to lead to official ac- the agenda. This includes a prohibition tion. Penalties for violations of the Sun- against entering into discussions that may shine Law include criminal sanctions lead to a future vote on the item. If you against public officials who willfully and attend a meeting, make a presentation knowingly violate the article. Further, during the delegations or public com- any vote that is eventually taken may be ment portion of the meeting, and ex- voided. However, nothing prohibits pect to get a vote of the government members of a governing body from hav- 42 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC ing general discussions without the in- tee or any other agency or subunit of tent to conduct public business or with- the foregoing, authorized by law to ex- out the intention for the discussion to ercise some portion of executive or leg- lead to an official action. islative power.” Thus, any committee of state, county or municipal govern- TIP: Avoid even the appearance of im- ment must comply with all of the re- propriety when meeting with govern- quirements set forth by the Act, includ- ment officials. Again, instead of risking ing notice to the public of the meeting. a violation, proceed through the proper channels to voice your ideas. Although TIP: When in doubt, assume that the it might seem to take a little longer, it is meeting is one which requires compli- much easier than having to start again ance with the Sunshine Law. from square one after a vote has been voided. As explained by the Legislature in its declaration of legislative policy behind MYTH: The Sunshine Law is so restric- the Open Governmental Proceedings tive, public officials cannot even view my Act: site. “. . . public agencies in this state exist FACT: Wrong! The Sunshine Law ex- for the singular purpose of represent- empts from its definition of a meeting ing citizens of this state in governmen- on-site inspections of projects or pro- tal affairs, and it is, therefore, in the grams. Care must be taken, however, best interest of the people of this state that conversations during on-site inspec- for the proceedings of public agen- tions do not lead to discussion of pro- cies to be conducted openly, with only spective official action. a few clearly defined exceptions. The Legislature hereby further finds and TIP: Continue to invite public officials declares that the citizens of this state to view your site. Although a picture do not yield their sovereignty to the may say a thousand words, nothing can governmental agencies that serve replace an on-site inspection to show them. The people in delegating au- your audience what you have planned. thority do not give their public ser- vants the right to decide what is good MYTH: The Sunshine Law applies only for them to know and what is not to the governing body of the public good for them to know. The people agency and not to its committees, so insist on remaining informed so that there is no need to comply with the Act they may maintain control over the when I meet with the zoning commit- instruments of government created by tee or planning committee. them.” FACT: Public agencies are defined by the Act to include “any administrative or legislative unit of state, county or mu- nicipal government, including any de- partment, division, bureau, office, com- mission, authority, board, public corpo- ration, section, committee, subcommit- Views & Visions December 2002 43 Bowles Rice McDavid Graff & Love PLLC North Central West Virginia: Leading the Mountain State in the Information Age Michael S. Garrison, Chief of Staff Governor of West Virginia I have learned many things in the past service technologies, our regional leaders several months, thanks to countless from this area are poised to take advan- helpful West Virginians. Here un- tage of the transformation. der the gold dome of the Capitol, and throughout our state, individual citizens North Central West Virginia and the I- Michael S. Garrison was appointed and interest groups as varied as the Busi- 79 Corridor are blessed with the neces- as Chief of Staff to Governor Bob ness Roundtable to the AFL-CIO, have sary underpinnings and successful infra- Wise in 2001. He currently holds helped me to better understand the keys structure to become a state and interna- the distinction of being the youngest to making West Virginia a success. Of tional leader in several exciting new in- Chief of Staff in the Nation. Prior the numerous lessons I have learned, one dustrial sectors. The I-79 High Tech to this appointment, Mr. Garrison of the most strongly voiced is the neces- Corridor sustained its job growth in sity of recognizing the individuality and 2001, and the region looks to post con- served as the Cabinet Secretary unique nature of each particular region tinued jobs, income and population gains of the Department of of the Mountain State. during the next several years. Any resi- Tax and Revenue. dent who travels I-79 on a regular basis, A native of Marion County, What works in Preston County may fail or even for the occasional Mountaineer Mr. Garrison graduated with in Pocahontas County. A creative idea, game, cannot help but notice with pride honors from West Virginia unable to get off the ground in the Ohio the significant expansion in the counties University with a degree in Valley, may well be a success in the East- of Monongalia, Marion, Harrison and Political Science and English, and ern Panhandle. As we work to foster Lewis. And as Chief of Staff to Gover- earned his Doctorate of growth and economic development, the nor Bob Wise, I am pleased to work with Jurisprudence with honors from unique strengths of each part of West a governor who shares my enthusiasm West Virginia University Virginia must be a factor in the decisions and excitement for the good things that North Central West Virginia School of Law. made by both government and the pri- are happening in my native region of West vate sector. Virginia, as well as a commitment to strengthening an already growing area of Growing up in North Central West Vir- our state. ginia was a wonderful experience. Marion County, where I was raised, was Thanks to significant work by Congress- filled with great people who thrived in man Alan Mollohan, as well as Senators an industrial-based community that was Byrd and Rockefeller, the location of the heavily reliant upon coal-based jobs. Federal Bureau of Investigation’s Crimi- While the great people of North Central nal Justice Information Services Division West Virginia still remain, much of the in Harrison County has sparked a tech- industrial base has moved out of the re- nology explosion in the region. The FBI gion. And although coal is still vital to Center contains the largest fingerprint da- the area, the stage is set for growth in tabase in the world and has recently ini- other sectors. As the economic base of tiated a new five-year $56 million tech- North Central West Virginia shifts from nology refreshment contract with traditional mineral extraction and heavy Lockheed Martin. Moreover, the facil- industries to one focused on products and ity is exploring possibilities in biomet- 44 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC rics, the science of identifying people us- of the highest levels of edu- ing their unique physical traits like fin- cation. This strong work gerprints, hand geometry and eyes. To force and wealth of educa- keep up with the most recent develop- tional resources make the ments in technology, the Center has de- area very attractive to busi- veloped partnerships with other North nesses from around the Central entities like the Biometrics Fu- world. sion Center in Bridgeport and West Vir- ginia University in Morgantown. This sort of economic de- velopment, based on re- Building upon these core partnerships, gional strengths and orga- the West Virginia High Technology Con- nized around similar indus- sortium Foundation, located in Marion tries, is a good blueprint for County, supports the emergence of a efforts in other parts of the high technology business base by filling state. Simply convincing a the gap between the federal government company to build a factory market and local small businesses. The or a warehouse on a plot of WVHTC Foundation has created a land is not enough. As gov- world-class consortium of innovative or- ernment officials and private citizens, we ganizations that are focused on building must all work to see that the best efforts these relationships. are made to ensure the success of these ventures, and work to build upon what Ethentica, by Security First Corporation, has been shown to work in a particular is one of the most exciting new compa- region. nies being attracted to North Central West Virginia. The company’s biomet- We have seen tremendous growth in the rics center, to be developed in Fairmont, region. The reorganization of business will provide government and industry tax credits, especially the new Research with the security tools needed to ensureand Development Credit, has helped that America is as well-protected as tech- many companies start up in (or expand nologically possible. Just as the FBI to) the area. Governor Wise considers Center has partnered with the WVU Fo- “selling West Virginia” one of his most rensics program, Security First will join important duties, and he has proven with the new National Biometric Secu- himself a very good salesman. He rity Project, which will soon be estab- knows, however, as do I, that none of lished in Morgantown through the ef- these advances would be possible with- forts of Senator Robert C. Byrd and out the cooperation of the state’s educa- Governor Wise. tional institutions, local governments, civic and professional organizations, and Our Economic Development team is the business and labor community. working every day to promote our state. Most important are the small entrepre- The founder of Ethentica by Security neurs and businessmen and women that First Corporation, CEO Mark O’Hare, put in long hours and their own for- recently spoke of West Virginia “becom- tunes. They are growing not only their ing the Silicon Valley of biometrics.” own companies, but also the future of The region has some of the lowest un- the area and our state. employment rates in the state and some Views & Visions December 2002 45 Bowles Rice McDavid Graff & Love PLLC Shooting for Excellence in Sports and Education John Beilein, Head Coach West Virginia University Men’s Basketball This is a very exciting time at West on the highest level, both on the court and Virginia University and for our men’s in the classroom. They are coached by men basketball program. Our future is un- and women who have the desire and re- limited as we continue to strive to sponsibility to be educators at an institu- be one of the very best universities and tion committed to their total development. athletics programs in the United John Beilein was named West States. I think that, as you read on, The hub of most activity for our student- Virginia University’s 20th head you will see why I am excited and athletes is the WVU Coliseum, long rec- basketball coach in April 2002. A proud to be a coach at West Virginia ognized as one of the finest athletic facili- 1975 graduate of Wheeling Jesuit, University. ties in the country. It has gotten even bet- Beilein had been serving as head ter with recent renovations, and more sig- coach at Richmond when he was First of all, I am nificant improve- asked to replace retired coach Gale so enthused to ments are planned Catlett. He has crafted his trade at be at WVU and for the future. nearly every level — community coach in the pres- college, NAIA, Division II and tigious BIG When playing in Division I. Beilein, who has never EAST confer- front of a packed been an assistant coach at any level, ence. The BIG arena, there’s a feel- EAST is one of ing there that is hard ranks among the Top 30 in the premier con- to describe. We will victories among Division I head ferences in have many top 25 coaches. The 2002-03 season America, and we teams visit West Vir- marks his 25th season as a welcome the op- ginia in the years to North Central West Virginia collegiate coach. portunities and challenges that are come and will look forward continuing ri- now presented to us. valries with our conference opponents. As for the coming season, I believe As I look to the year ahead, the most im- we have a chance to develop into a portant goal is to graduate our student-ath- very exciting team. letes. In my 19 years of coaching Division I and II basketball, every one of my seniors Playing in the BIG EAST, along with have earned their degrees. My vision is to a rugged non-conference schedule, continue this at WVU. The education they gives us one of the toughest sched- receive and the experiences that they have ules in school history, but I’m confi- will enrich their lives forever. dent that we will improve through- out the season. As you continue to follow Mountaineer basketball, I am certain you will get a sense During my brief time at WVU, I have of the traditions and qualities synonymous found that the student-athletes here with our University and our basketball pro- are young people who experience the gram. It’s a great time to be a Mountain- enjoyment and thrills of competing eer! 46 December 2002 Views & Visions Bowles Rice McDavid Graff & Love PLLC New Faces at Bowles Bowles Rice is pleased to announce that the following attorneys have joined our firm: Natalie N. Anderson D. Keith Randolph Charleston Associate Charleston Associate Energy & Real Estate Law Litigation 304-347-1135 304-347-1795 firstname.lastname@example.org email@example.com Scott A. Kaser Donald M. Wakefield Martinsburg Associate Lexington Associate Business & Tax Law Litigation & Business Law 304-264-4231 859-244-7407 firstname.lastname@example.org email@example.com Richard A. Hudson Paul L. Hicks Parkersburg Member Parkersburg Associate Estate Planning, Health Care, Estate Planning, Taxation, Taxation & Commercial Law Commercial & Equine Law 304-420-5511 304-420-5510 firstname.lastname@example.org email@example.com New Faces in the Legislature Congratulations to our own Corey Palumbo, who was elected to the West Virginia House of Delegates. Corey, a litigator, is an Associate in our Charleston office. Views & Visions December 2002 47 Views & Visions North Central West Virginia A publication of Bowles Rice McDavid Graff & Love PLLC Charleston, WV Martinsburg, WV Morgantown, WV 600 Quarrier Street 101 S. Queen Street 7000 Hampton Center P.O. Box 1386 P.O. Drawer 1419 Suite K Charleston, WV 25325-1386 Martinsburg, WV 25401 Morgantown, WV 26505 (304) 347-1100 (304) 263-0836 (304) 285-2500 Parkersburg, WV Lexington, KY Winchester, VA 501 Avery Street 333 West Vine Street 3 West Piccadilly Street P.O. Box 49 Suite 1201 Winchester, VA 22601 Parkersburg, WV 26101 Lexington, KY 40507 (540) 723-8877 (304) 485-8500 (859) 225-8700 P.O. Box 1386 Charleston, WV 25325 Visit our website at www.bowlesrice.com. This is an advertisement.
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