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In April, 2016, two long haul carriers became embroiled in a $90,000,000 lawsuit where one carrier alleged that the other carrier actively recruited and hired drivers who were bound under its employment contracts. Specifically, Carrier A’s employment contracts prohibited it’s drivers from working for competitors for a specified amount of time. Carrier A asserted that Carrier B was poaching it’s employees and set forth claims against Carrier B for (1) intentional interference with contract, (2) intentional interference with prospective economic… Read More

Virginia entered Phase III of its reopening plan on July 1, 2020 following COVID-19 closures. Other states are in various phases of reopening, with some reversing their course of conduct due to upticks in active COVID-19 cases and hospitalizations. As new world order ensues, businesses are attempting to protect themselves in any way possible – including against claims by first and third parties. The most basic attempt at protection is simple notice. Notice is an effective posting of rules or… Read More

Last year, we reported (link: https://www.setlifflaw.com/news/2019/12/richmond-city-voting-to-join-spotsylvania-county-and-hampton-city-in-banning-handheld-cell-phone-use-while-driving/) that Richmond voted to adopt an ordinance banning handheld cell phone use while driving. The day of reckoning is upon us – as of June 8, 2020, the ordinance has officially gone into effect. The full text is as follows: Sec. 27-40.1. Distracted driving. (a) Any person who drives a motor vehicle on any public street or highway in the city while using any handheld personal communications device is guilty of distracted driving. (b)… Read More

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 of at least six feet from each other when using shared outdoor spaces with certain exceptions. This order was effective through June 10, 2020. Is… Read More

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 the global population being placed on lockdown. Businesses have all been affected in varying degrees and continue to suffer related losses. Does your company have… Read More

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 Commission Rule 1.5 and got involved for no apparent reason. If it ain’t broken, keep fixing it. Current practice before the Commission has the Commission… Read More

“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 from employee home networks to their corporate networks. In addition, these criminals take advantage of what consumers can logically expect to receive via email to… Read More

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 problem: coronavirus-related lawsuits. Certain industries have already been targeted for COVID-19 liability, including cruise lines and nursing homes, but now even smaller companies fear tort… Read More