On December 3, 2024, U.S. District Judge Amos Mazzant from the Eastern District of Texas, in the matter of Tex. Top Cop Shop, Inc. v. Garland, issued a preliminary injunction, suspending the Corporate Transparency Act (CTA) and the beneficial ownership information (BOI) reporting rule that issued by the Financial Crimes Enforcement Network (FinCEN). The Court ruled that "the CTA, 31 U.S.C. § 5336," and the "[e]nforcement of the [BOI] Reporting Rule, 31 C.F.R. 1010.380" are enjoined; "the compliance deadline is…
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A new law that went into effect in January 2024 may require small business owners to report detailed information about ownership to the government. The Corporate Transparency Act (CTA) was enacted in 2021 as part of the National Defense Authorization Act, and its goal was to prevent money laundering, tax fraud, terrorism financing, and other financial crimes by requiring companies to disclose information about their owners. The 2024 CTA law requires certain businesses to disclose information about their beneficial owners…
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Setliff Law has been recognized in the 2025 edition of Best Law Firms®, a testament to its unwavering commitment to legal excellence. Ranked nationally by Best Law Firms in 2 practice areas and regionally in 7 practice areas, Setliff Law has distinguished itself in the legal industry, earning this prestigious accolade. Firms included in the 2025 Best Law Firms® list are recognized for professional excellence with impressive ratings from clients and peers. To be considered for this milestone achievement, at…
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As a commercial driver, you face unique challenges on the road, including the risk of accidents that can lead to litigation. In cases where a plaintiff claims injuries resulting from an incident involving a commercial vehicle, the defense often must prove that the plaintiff's claimed injuries are not as severe as they assert. This is where expert witnesses play a crucial role. This article discusses how expert witnesses can be used effectively in litigation to challenge the extent of a…
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At Setliff Law we emphasize the importance of ensuring employees are properly classified because though it may seem like a minor detail to be worked out by Human Resources, it has significant implications for employees and the business. Although businesses have become more aware of the risks of incorrectly labeling employees as independent contractors, it remains pervasive. The fields of construction, transportation, healthcare, restaurants, and hospitality have been identified as most susceptible to misclassification due to the varying types of…
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In a recent decision, the Virginia Supreme Court upheld both the trial court’s and Court of Appeals’ decisions to extend medical benefits under an auto insurance policy to cover injuries sustained by the insured while he was loading luggage into the back seat of his vehicle. Bruce Estep and his family were checking out of their Fairfax, Virginia, hotel in the fall of 2016, preparing for their return trip home to Chesapeake. Estep began transferring the suitcases from the luggage…
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It is a strange situation. You are working on a job site, when one of your subcontractors says he’s got to run, one of his boys has hurt himself. You wish him well, make sure he’s on schedule or hopefully won’t fall behind and then you’re on to the next task. After all, it wasn’t one of your guys that was hurt, so it’s not really your concern… right? Not so fast my friend. Virginia Code 65.2-302(A) states that when…
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Any business that has not heard of Stericycle should know of the decision and understand its impact on business rules, policies, and handbooks. What is Stericycle and why should a business care? On August 2, 2023, in Stericycle, Inc. and Teamster Local 628, 372 NLRB No. 113, the National Labor Relations Board (NLRB) adopted a new legal standard for evaluating employer work rules. The NLRB is required to balance the nature and extent of a rule’s potential impact on Section…
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Loads of people ask me about what I do, and I typically ask them if they’ve ever seen a show about lawyers on TV. When they say yes, I tell them “Not that. Nothing like that. Nobody does that.” But it got me thinking about how to explain the relationship between the law and business, and not the rarified, upper-echelon business of moving large amounts of money between accounts to make more money. I mean real businesses, owned by real…
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In the world of trucking, companies can engage in several different relationships with the actual drivers of the trucks. The business purpose of these options is maximizing efficiency for both the company and the driver. Current options are employee, owner-operator, or subcontractor. However, a recent decision by the National Labor Relations Board (“NLRB”) against the multinational technology company, Amazon, may cause companies to rethink how they define certain employees. Amazon’s delivery trucks, ubiquitous in many neighborhoods, are not actually operated…
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