When a liability claim is tendered, insurers are often required to step in and provide a defense before the full set of facts is available. At the outset of a lawsuit, the allegations may include both covered and uncovered theories of liability, the record may be incomplete, and policy exclusions or conditions may appear relevant but not yet proven. In these situations, the Reservation of Rights letter—commonly referred to as an ROR—is one of the insurer’s most important tools. By…
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Welcome to another edition of Setliff Law's attorney spotlights, where we conduct a Q&A with the firm's partners in order for you to get to know them better. Today's Partner Spotlight: Mitchell Goldstein Mitchell joined Setliff Law in 2022. He has more than 28 years of experience in business law, and a career dedicated to providing strategic legal counsel and advocating for clients in various business-related matters. . Since joining the firm, Mitchell has concentrated on business-related issues, representing clients…
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As we previously covered in a May post, on April 28, 2025, a new Executive Order directed the Federal Motor Carrier Safety Administration (FMCSA) to issue updated guidance on English language proficiency (ELP) requirements for commercial drivers. That Executive Order is now in effect. On May 20, 2025, U.S. Department of Transportation (DOT) Secretary Sean P. Duffy signed an order announcing new guidelines regarding English language enforcement for commercial truck operators. Under the new guidance, commercial motor vehicle (CMV) drivers…
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The Commerce Clause of the U.S. Constitution prohibits states from enacting laws that favor in-state commerce at the expense of interstate commerce. In practice, this means states cannot implement protectionist policies designed to benefit local businesses over out-of-state competitors. That principle was at the center of a recent case in Rhode Island, where a federal court struck down a tolling scheme that disproportionately affected out-of-state trucking companies. The RhodeWorks Tolling Program In 2016, Rhode Island passed the RhodeWorks law to…
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Running a small business involves a variety of risks—from property damage to lawsuits and employee injuries. A single lawsuit, fire, or unexpected medical claim can be financially devastating. That’s why having the right insurance coverage isn’t just smart—it’s essential. The right policies help protect your assets, minimize losses, and keep your business running smoothly. With so many types of insurance available, it’s important to understand what each one covers and to choose the coverage that best fits your needs. Being…
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Maryland, like most states, follows the at-will employment doctrine, generally meaning that an employer can terminate your employment at any time, for any reason or for no reason at all, and with or without notice. Likewise, as an at-will employee, you are free to resign at any time, with or without notice, and for no reason at all. Of course, there are obvious exceptions (such as an employment contract, statutory protections, public policy reasons, etc.), but Maryland also recognizes an…
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July in Virginia brings more than fireworks and high temperatures—it also marks the effective date for many new laws passed by the General Assembly. One of the more notable changes this year is the enactment of HB 1730, which adds a new section to the Virginia Code: § 8.01-42.6. This statute creates potential liability for employers whose employees harm certain individuals classified as “vulnerable victims.” Who Is a "Vulnerable Victim”? That term is defined at 8.01-46.2(B) as any person who…
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Why Summary Judgment Is Difficult to Obtain in Virginia In the course of litigation, there often comes a point (usually after months of discovery,depositions, and document review) when one party believes there is no genuine dispute of material fact and seeks to resolve the matter without a trial. In many jurisdictions, summary judgment provides a mechanism to do just that. In Virginia, however, that path is notably narrow. While the concept may seem straightforward, the procedural and evidentiary standards applied…
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Employers should be aware of their rights and obligations when Immigration and Customs Enforcement (ICE) arrives at the workplace—whether for an audit, a raid, or to detain specific individuals. One of the most important tools in immigration compliance is the Form I-9, which verifies an employee’s identity and authorization to work in the United States. Mandated by the Immigration Reform and Control Act of 1986, this form must be completed by all new hires and retained by the employer for…
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Drivers understand that even a thin layer of black ice can be more dangerous than several inches of snow. The Fourth Circuit’s recent decision in Brown v. Wal-Mart Stores E., LP, No. 24-1102, 2025 U.S. App. LEXIS 13655 (4th Cir. June 4, 2025), underscores that businesses, too, must remain alert to the hazards posed by black ice. In Brown, the United States Court of Appeals for the Fourth Circuit reversed an order granting summary judgment to Wal-Mart on claims arising…
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