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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… Read More

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… Read More

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… Read More

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… Read More

For those of us of a certain age, or who grew up in certain parts of the country, hearing the term “MCS-90” might tend to conjure images of youthful summer evenings spent with friends igniting fireworks of questionable legality – perhaps even images of a detonated mailbox or two. Not to be confused with a similarly named incendiary amusement, however, the MCS-90 is an insurance endorsement mandated by federal law for interstate freight carriers. The endorsement provides, in material part,… Read More

As a personal injury attorney, I speak with injured people nearly every day. Although injuries from motor vehicle accidents are the most common in my form of practice, I see people who have been injured in all types of circumstances and scenarios – while shopping, eating in restaurants, socializing with friends, visiting amusement parks, and so on. What is a premises liability claim? Under Virginia law, an incident that occurs on a person’s property is called a premises liability claim.… Read More

Almost one year ago, we discussed the implications of the temporary rules and designations created by the U.S. Fish and Wildlife Service regarding the elevation of the Northern Long Eared Bat from threatened to endangered. For those readers who are unfamiliar with this issue, back in November 2022, the Northern Long Eared Bat was reclassified as an endangered species. Under the Endangered Species Act, the US Fish and Wildlife Service (U.S. FWS) would then be able to introduce new guidelines… Read More

Congratulations to our attorneys listed in the 2025 edition of Best Lawyers in America and Best Lawyers in America: Ones to Watch C. Stephen Setliff Included in Best Lawyers in America editions since 2008, Mr. Setliff was also named as a 2022 "Lawyer of the Year" for Mass Tort Litigation/Class Actions - Defendants. Recognized in the categories of: Mass Tort Litigation / Class Actions - Defendants Personal Injury Litigation - Defendants Railroad Law Transportation Law Kevin Streit Congratulations to Mr.… Read More