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The “midnight deadline,” with respect to a bank, is the Uniform Commercial Code’s (UCC) adaptation of the adage, “Nothing good happens after midnight.” The midnight deadline rule imposes strict liability on a bank to return dishonored checks by or before midnight of the day after the item was presented for payment. When a bank customer deposits a check into her account, her bank then presents the check to the payor bank for payment or return. If the payor bank dishonors… Read More

Tractor-trailers are the backbone of the American economy, transporting goods across vast distances. However, their sheer size and weight pose a significant safety risk to smaller vehicles in the event of a collision. One particularly dangerous scenario is the underride crash, where a car or motorcycle slides under the trailer's body, often with catastrophic consequences. Enter side safety guards, also known as underride guards, for tractor-trailers. These are not yet mandated but are becoming increasingly popular as their effectiveness in… Read More

Today’s vehicles have more and more electronics for safety and ease of use, but that convenience comes at a price. Using a new car’s features often requires connecting your phone to the vehicle and allowing the vehicle to access the information on your phone. Car companies are able to obtain more and more data on drivers, passengers, and even pedestrians, all without their knowledge or consent. At the very least, any consent provided is unknowing since the privacy policies are… Read More

If you’re like me, which is to say you’re a lawyer who loves going to court, then you love going to court! If that’s you, I promise I will include something for you at the end. Double promise. Cross my heart. Scroll down or whatever. If you’re literally anyone else, going to court is probably a stressful, harrowing, awful, no good, double plus bad, insert additional negative adjectives sort of experience. Here’s a guide to what to expect so you… Read More

But Lot’s wife, behind him, looked back, and she became a pillar of salt. – Genesis 19:26, English Standard Version We’ve talked a fair bit about risk management in matters of employment, contracting, baseball, and insurance. We’ve talked about communication, getting buy-in from stakeholders, properly training and vetting employees, and checking our assumptions. We’ve harped on ounces of prevention and on measuring twice. You’ve probably got the point by now. But sometimes we get a bit too … academic. So… Read More

Tis the season…when it seems like all our co-workers have the flu, colds, and coughs. While this is nothing new, and we all have learned to live with it, the individual and national costs of sick employees are staggering. The Centers for Disease Control and Prevention reported that the flu alone killed up to 80,000 people in 2017. Though, perhaps nothing showed us the impact of illness on the workplace more than COVID, and while the impact seen with COVID… Read More

Both Maryland and Virginia have codified their positions relating to personal injury caused by a dog (or sometimes another animal). The respective relevant statutes permit municipalities within each state to enact regulations governing their specific locality. Often called “leash laws,” the statutes, and their corresponding regulations, place strict liability upon a dog owner when the dog is “running at large” and causes injury to another person or to property. The phrase “running at large” seems to imply that a dog… Read More

Mr. Stephen Setliff, partner and owner of Setliff Law, was appointed General Counsel to the Southeastern Wood Producers Association, Inc. (SWPA) at their October Board of Directors Meeting. Mr. Setliff, who has been active with the SWPA for several years, says the appointment is an opportunity for him to serve as a resource for members on a wide array of legal issues, including business formation, governmental investigations and compliance, labor and employment law, intellectual property, commercial transactions, and of course,… Read More