Litigators in Virginia who devote any of their practice to representing insurers, or insureds, in disputes over insurance coverage are intimately acquainted with the declaratory-judgment action, one of the most useful tools available for resolving thorny insurance questions. If a “dec action” is filed in state court, Virginia law mandates that all parties having a potential interest in the outcome must be joined as parties; failure to do so results in a jurisdictional defect under Virginia’s Declaratory Judgment Act. See… Read More

Virginia recently enacted significant amendments to its wage payment laws. These amendments under Virginia’s Wage Payment Act (“VWPA”) are the first of its kind and provide enhanced protections for employees who are victims of wage theft by creating a private cause of action for employees to sue their employers to recover unpaid wages owed. Additionally, the new laws expand the Virginia Department of Labor and Industry’s (“DOLI”) authority to investigate wage complaints. As background, the VWPA provides employees with numerous… Read More

In this interview, Matthias chats with Professor Joshua Fairfield on the current state of music copyright law, with a focus on how the law treats the new generation of content creators who are reacting to and utilizing existing media in creative ways, what the future may hold, and how content creators can navigate a complex legal landscape that isn't necessarily well-tailored to new technological and social advances. They discuss music copyright law, fair use, licensing, master recordings, YouTube reaction videos,… Read More

I was recently on a road trip with my family, within an hour of our target destination on one of this country’s major interstates. We had been in the car for hours, the terrain was flat, the summer sun blazed through the windows, and the states had passed by. As a truck lawyer, I spent much of the drive watching logos pass by the windshield – current clients, former clients, great white whales of the trucking industry. My husband and… Read More

Every time we give a presentation on Workers' Compensation, or contracting, or employer liability, or a similar subject, someone comes up to one of us and asks some question about how they have no employees, only independent contractors, and their contract includes terms X and Y, or some contractor got injured while working, etc. Each time these people seem to believe they have come up with an iron-clad way to reduce expenses, avoid the need for insurance (or even foist… Read More

In April, 2016, two long haul carriers became embroiled in a $90,000,000 lawsuit where one carrier alleged that the other carrier actively recruited and hired drivers who were bound under its employment contracts. Specifically, Carrier A’s employment contracts prohibited it’s drivers from working for competitors for a specified amount of time. Carrier A asserted that Carrier B was poaching it’s employees and set forth claims against Carrier B for (1) intentional interference with contract, (2) intentional interference with prospective economic… Read More

Virginia entered Phase III of its reopening plan on July 1, 2020 following COVID-19 closures. Other states are in various phases of reopening, with some reversing their course of conduct due to upticks in active COVID-19 cases and hospitalizations. As new world order ensues, businesses are attempting to protect themselves in any way possible – including against claims by first and third parties. The most basic attempt at protection is simple notice. Notice is an effective posting of rules or… Read More

Last year, we reported (link: https://www.setlifflaw.com/news/2019/12/richmond-city-voting-to-join-spotsylvania-county-and-hampton-city-in-banning-handheld-cell-phone-use-while-driving/) that Richmond voted to adopt an ordinance banning handheld cell phone use while driving. The day of reckoning is upon us – as of June 8, 2020, the ordinance has officially gone into effect. The full text is as follows: Sec. 27-40.1. Distracted driving. (a) Any person who drives a motor vehicle on any public street or highway in the city while using any handheld personal communications device is guilty of distracted driving. (b)… Read More