It’s oddly satisfying when a state agency basically orders you to do what you’re already doing. Helping in that regard, the Virginia Legislature recently passed a statute essentially directing Worker’s Compensation defendants to do what they’ve already been doing. All that has really happened here is that the legislature took the fully functioning system under Commission Rule 1.5 and got involved for no apparent reason. If it ain’t broken, keep fixing it. Current practice before the Commission has the Commission… Read More

“In hindsight, I probably should’ve realized my boss’ urgent request to purchase face masks was a scam.” News flash: Criminals utilize societal events such as floods, fires and pandemics to exploit consumer fear. This year, the COVID-19 pandemic has provided cyber criminals with a unique opportunity to take advantage of millions of vulnerable remote connections from employee home networks to their corporate networks. In addition, these criminals take advantage of what consumers can logically expect to receive via email to… Read More

Let’s face it. COVID-19 has affected many businesses throughout Virginia in some manner – whether it’s mandatory employee work from home policies, suppliers unable to fill orders, or customer concerns about returning to business establishments. If that wasn’t enough, as businesses start to re-open to the public, business owners are now worried about a new problem: coronavirus-related lawsuits. Certain industries have already been targeted for COVID-19 liability, including cruise lines and nursing homes, but now even smaller companies fear tort… Read More

In the past two months, we have seen three major modifications to the Federal Carrier Safety Administration (“FMCSA”) Hours of Service Rules – two temporary and one permanent. On May 14, 2020, the FMCSA published a final rule to update the hours of service rules. The updates seek to improve safety and increase flexibility. Key changes include: A modification such that a 30-minute break must be taken after 8 hours of consecutive driving, but it can be satisfied by a… Read More

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”). https://www.congress.gov/bill/116th-congress/senate-bill/3548/text. The Small Business Association (SBA) launched the PPP on April 3, 2020, with an initial $349 billion in funding, and just 14 days later, by April 16, PPP lenders approved more than 1,661,000 loans totaling nearly $342.3 billion. https://www.sba.gov/document/report-20-14-flash-report-small-business-administrations-implementation-paycheck-protection-program-requirements. On April 24, 2020, the President signed the Paycheck Protection Program and Health Care Enhancement… Read More

Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, in 1980 to provide broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. CERCLA holds various types of "potentially responsible parties" (PRPs) strictly liable for cleanup costs in two ways: 1. CERCLA allows the Environmental Protection Agency to compel PRPs to either pay for the EPAs cleanup costs or to perform cleanup… Read More

My contempt for the COVID-19 hysteria is well known. I am convinced that individuals and government entities are grossly overreacting in the absence or ignorance of fact, and I am not convinced that we could not have accomplished the same result as we have for less than the roughly 9 trillion dollars it’s costing. Regardless of what we did, we did those things, and continue to do them. Those things have unintended consequences that are ongoing. One thing that has… Read More

Congratulations to Jason Mackey who has been selected to the 2020 Virginia Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Jason Mackey has been with Setliff Law for 7 years and in that time has consistently demonstrated an ability substantially “beyond his years,” according to firm owner Steve Setliff. "His work on a day to day basis is outstanding—in… Read More