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“Drive time” can refer to the length of time it takes to get somewhere (I can already hear my toddler whining “are we there yet?”), a popular sports-talk radio show in Arkansas (the southern drawl of the callers-in undeniably exhorting that Malzahn lucked out from that shoulda-been fumble), or, in trucking circles, an aspect of the ever-present and ever-confusing Hours of Service rules. On September 29, 2020, the Federal Motor Carrier Safety Administration made four categories of changes effective. So,… Read More

Setliff Law is pleased to announce that Kevin Streit has joined the firm as an associate who specializes in construction law, commercial litigation, insurance coverage, employment law and consumer protection law. Mr. Streit has practiced law as a civil litigator for twenty years, almost entirely representing the insurance industry in one capacity or another. For a number of years his focus has been on representing property and casualty insurers in disputes over insurance coverage in a variety of contexts ranging… Read More

2020 is the year for signs of the end times. Apart from rioting, a plague, economic collapse, three hurricanes in the Gulf of Mexico at once, religious and political leaders falling from grace, the West Coast of the US is on fire. A lot of our clients are in trucking and transportation, and the overwhelming majority are on the East Coast. It might not be immediately obvious why Washington state, Oregon, and California becoming scorched hellscapes should matter to them.… Read More

The Virginia State Corporation Commission recently passed Administrative Letter 2020-06 (https://www.scc.virginia.gov/getattachment/35193336-78b1-4012-88c2-b34a0eba81e1/2020-06.pdf) which notes that, once insurers have made a liability determination that the insured is at fault for an accident, insurers are responsible to reimburse towing companies for “clean up and recovery costs,” which include “certain towing expenses.” In many cases, this is a relatively insignificant point. After all, when compared to the property damage and medical bills that can result from an accident, a small tow charge is a… Read More

We all know that drunk driving is dangerous, but how dangerous is it? The National Highway Traffic Safety Administration (NHTSA) states that every 50 minutes, one person dies in a drunk driving-related incident. That’s around 30 people a day and almost 11,000 a year. Drunk driving fatalities account for approximately 28 percent of all traffic fatalities. Collectively, drunk driving accidents cost about $44 billion a year. Don’t drink and drive, folks. The reasons not to imbibe and drive are well… Read More

Litigators in Virginia who devote any of their practice to representing insurers, or insureds, in disputes over insurance coverage are intimately acquainted with the declaratory-judgment action, one of the most useful tools available for resolving thorny insurance questions. If a “dec action” is filed in state court, Virginia law mandates that all parties having a potential interest in the outcome must be joined as parties; failure to do so results in a jurisdictional defect under Virginia’s Declaratory Judgment Act. See… Read More

Virginia recently enacted significant amendments to its wage payment laws. These amendments under Virginia’s Wage Payment Act (“VWPA”) are the first of its kind and provide enhanced protections for employees who are victims of wage theft by creating a private cause of action for employees to sue their employers to recover unpaid wages owed. Additionally, the new laws expand the Virginia Department of Labor and Industry’s (“DOLI”) authority to investigate wage complaints. As background, the VWPA provides employees with numerous… Read More

In this interview, Matthias chats with Professor Joshua Fairfield on the current state of music copyright law, with a focus on how the law treats the new generation of content creators who are reacting to and utilizing existing media in creative ways, what the future may hold, and how content creators can navigate a complex legal landscape that isn't necessarily well-tailored to new technological and social advances. They discuss music copyright law, fair use, licensing, master recordings, YouTube reaction videos,… Read More