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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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FMCSA Hours of Service: Times They Are A-Changing

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 […]

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So You Have A PPP Loan – Time To Get It Forgiven – Your Application Is Here!

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”).  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 […]

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EPA Approval for Superfund Cleanup Costs – the impact of Atl. Richfield Co. v. Christian in environmental lawsuits

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 […]

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Stealing City Hall: While no one is watching…

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 […]

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Congratulations, Jason Mackey!

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 […]

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