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Are you Ready?

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 […]

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Employee (Mis)Classification: What’s Old is Still New

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 […]

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Long Haul Trucking Battle Over Contractual Interference Granted New Life

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 […]

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The Reopening of America and Liability Waivers and Notice

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 – […]

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Richmond’s Ban on Handheld Devices Is Now in Effect – Virginia Statewide Law to Follow in 2021

Last year, we reported (link: 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 […]

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Face Masks – Is Governor Northam’s requirement enforceable?

On May 26, 2020 Virginia’s governor, Ralph S. Northam issued an Executive Order requiring people in the Commonwealth of Virginia to wear a face mask/face covering when in a public indoor setting.  This Executive Order followed the governor’s Executive Order Fifty-Five which required the people of Virginia to stay at home and maintain a distance […]

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Are you insured against COVID-19?

In the short time the coronavirus disease 2019 (COVID-19) was first identified in December 2019 in China, the world is a much different place. As of June 23rd, more than 9.15 million cases had been reported across over 180 countries.  The pandemic caused the largest global recession in history, with more than a third of […]

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Va. Code § 65.2-601.2  and Upcoming Changes to the Requirement to Respond to a Workers’ Compensation Claim: Hurry Up and Keep Doing What You’re Doing

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 […]

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Cybersecurity 101 in 2020

“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 […]

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Businesses Eager to Reopen but Worried of Torts to Follow

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 […]

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