As we have reported over the past five months, read here, the Biden Administration is continuing to orchestrate a frontal assault on noncompete agreements, while at the same time trying to change the rules on a going forward basis. This article provides a short update on the latest federal agency actions, including a new opinion released by the NLRB’s General Counsel and the status of the FTC’s Draft Rule, recent state law changes, and an important reminder that employment relationships are fiduciary in nature and are supposed be based on “integrity and fairness” which is a concept that swings both […]
Gentry Locke is happy to welcome our 2023 Summer Associates. Our summer associates will be working out of our Roanoke, Lynchburg, and Richmond offices, collaborating on a multitude of different projects + having some fun while they’re at it! Meet our summer associates, below. Where we’re located and what we’re into! Roanoke Kiara Anguiano is a 1L at the University of Richmond School of Law. She is based in our Roanoke office. Kiara is fluent in Spanish and is also a member of the University of Richmond water polo club team. Nicholas Beck is a 2L at the University of […]
ROANOKE, Va. (June 1, 2023) – The Virginia law firm Gentry Locke has been recognized as a leading Virginia firm for general commercial, white collar crime, and employment law by Chambers USA 2023. In its 2023 prestigious ranking of law firms and attorneys, Chambers USA ranked three Gentry Locke practices and four attorneys. The firm’s Criminal & Government Investigations practice is one of only two in Virginia ranked by Chambers USA in Band 1, making specific mention of Partners Thomas J. Bondurant, Jr. (Band 1) and Erin M. Harrigan (Band 2). Commentators describe Bondurant as “well known in the white-collar […]
The Wildlife Foundation of Virginia is a non-profit dedicated to conserving land, providing public access and outdoor recreation for America’s wounded, ill and injured veterans on properties throughout Virginia. This year, the WFV is raising funds for an 18’x20’ four-post pavilion with a concrete floor at the main meeting area at Fulfillment Farms. The pavilion will provide cover for outside group events including lunches for youth and wounded warrior hunts, and a place to host meetings. Their estimated budget is $15,000 and they plan to construct it with volunteer labor. Gentry Locke has been a proud supporter of The Wildlife […]
The side of righteousness: Cody Arven’s odyssey Cody Arven had to fight from the day he was born, which is hard to do when you can’t walk, talk, see or hear your mother’s voice when she says, “I love you.” His parents did the fighting for him, though. They battled doctors who denied responsibility for the brain injury that occurred during his mother’s labor, when a severe infection wasn’t diagnosed. They sparred with lawyers who rejected the family’s claims for restitution, and they took on the government-created insurance funds in two states that refused to pay their promised share of […]
ROANOKE, Va. (April 28, 2023) – The Virginia law firm Gentry Locke is pleased to announce that 12 of the firm’s attorneys have been named to the 2023 Virginia Super Lawyers® list and five attorneys have been named to the 2023 Virginia Rising Stars list. Additionally, for the fifth consecutive year, Monica Monday, Chairperson of Gentry Locke’s Executive Board, has been named to all three of the publication’s “Top Lists,” including the “Top 100 in Virginia,” the “Top 50 Women in Virginia,” and the “Top 10 in Virginia.” Gentry Locke’s Managing Partner Brett Marston has also been named to the […]
NORFOLK, Va. (March 31, 2023) – The Virginia law firm Gentry Locke is pleased to announce that the firm has opened an office in Norfolk, Virginia. The new office is located in the World Trade Center building in downtown Norfolk. It is Gentry Locke’s fourth office in the Commonwealth. “At Gentry Locke, we have always prided ourselves in the deep roots we have in Virginia. Our new Norfolk office allows us to continue to serve as Virginia’s leading law firm providing extraordinary legal service throughout Virginia,” said Gentry Locke Managing Partner Brett Marston. “We identified Hampton Roads as an area […]
As we enter the second full year of the Biden Administration, nearly every federal agency that regulates employment in the United States have begun to hit their stride and is hard at work with various initiatives and rulings which seek to expand worker protections and reverse guidance, regulations and decisions issued during the Trump era. This article highlights just a few of these developments. We have previously reported on the “crackdown” actions taken by the Federal Trade Commission (“FTC”) to invalidate the noncompete provisions used by three companies that covered hundreds of employees, not all of whom were “low wage” […]
RICHMOND, Va. (February 27, 2023) – The Virginia law firm Gentry Locke is pleased to announce that Emily S. Mordecai has joined the firm’s Richmond office as a member of its Commercial Litigation team. Mordecai previously worked as a litigation associate in the Richmond office of an AmLaw100 firm. Her subject-matter experience ranges from complex commercial disputes to products liability and personal injury cases to nationwide employment class actions. As a part of the Commercial Litigation team, Emily will work with Gentry Locke’s clients across the Commonwealth through all phases of business litigation and alternative dispute resolution. “We are pleased […]
Lynchburg: Tuesday, May 2, 2023 The Virginian Hotel Roanoke: Tuesday, May 9, 2023 The Hotel Roanoke We have reached capacity and registration is now closed for both programs. Download Program Materials Former Vice President of Talent and Acquisition for Chick-fil-A, Dee Ann Turner will be joining us for a special lunch talk about building a remarkable organizational culture at the Roanoke session. 7:45-8:30 | Complimentary Breakfast and Sign-in 8:30-9:30 | Employees Say the Darndest Things | Presenter: Cate Jackson 9:30–10:30 | Truth Justice…and Recent Developments and Trends in Federal Employment Law | Presenters: Todd Leeson and Harrison Richards 10:30-10:45 | […]
ROANOKE, Va. — Age is just a number, or so the old saying goes. Even when your law firm turns 100 years old. Gentry Locke is proud to mark a century of serving clients and being one of the most trusted law firms in Virginia. That kind of longevity is a testament to the firm’s skilled lawyers and staff and their ability to foster close relationships with clients and co-workers to deliver results. Tracing its roots to 1923, Gentry Locke has long been a valuable partner and leader for clients, businesses and the community. But in 2023, few people care […]
From Bloomberg Law. Published February 7, 2023. Click here to read this article on bloomberglaw.com.
While most commentary and handwringing has focused on the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking released on January 5, 2023, many are unaware of the FTC actions taken the day before. On January 4, 2023, the FTC announced the successful launch of what it calls an enforcement “crackdown” against noncompete agreements by heralding forced settlements with three (3) different companies that made regular use of noncompete agreements with a broad range of employees, and not just with low-wage or low-skilled workers.[1] Each of the FTC Complaints alleged the “unfair use of noncompetes in violation of Section 5 of […]
On January 5, 2023, the Federal Trade Commission (“FTC”) created a stir when it released a 218-page Notice of Proposed Rulemaking and a Proposed Rule that if implemented will prohibit the use of post-employment, noncompete provisions. The Proposed Rule extends to all workers, whether paid or not, and would require employers to rescind existing noncompete agreements within 180 days of publication of the Final Rule.[1] The FTC estimates that approximately 30 million workers are bound by a post-employment noncompete provision. Much has been said about the Proposed Rule, but these are several initial observations in advance of a webinar Gentry […]
RICHMOND, Va. (January 19, 2023) – The Virginia law firm Gentry Locke is pleased to announce that former federal prosecutor Melissa E. O’Boyle has joined the firm’s Criminal & Government Investigations practice group as a partner. “Melissa has established herself as a leading federal prosecutor in Virginia and is well-known in the Eastern District for her exceptional work on matters involving public corruption and financial fraud,” said Gentry Locke Managing Partner Brett Marston. “We are thrilled to welcome her to the firm and know that her experience in handling complex criminal cases and in leading investigations will make her an […]
From the Journal of Transportation Law, Logistics and Policy, Volume 89, Number 2 © Copyright 2023 ATLP
ROANOKE, Va. (January 9, 2023) – The Virginia law firm Gentry Locke is pleased to announce that Harrison E. Richards has joined the firm’s Roanoke office as an associate. “Harrison is an exceptional attorney with experience at the intersection of employment law and litigation, making him a tremendous addition to our team,” said Gentry Locke Managing Partner Brett Marston. “We are pleased to welcome him to the firm and know that his practice will enhance our capabilities in serving our clients.” Richards is a member of the firm’s Employment & Labor Practice Group. In this role, he will handle a […]
We all have bad days and even bad weeks, but waiting over a year to serve a defendant in a civil lawsuit in Virginia is just too long—and the rules agree. Rule 3:5(e) of the Rules of the Supreme Court of Virginia (the “Rules”) states that “[n]o order, judgment, or decree will be entered against a defendant who was served with process more than one year after the institution of the action against that defendant unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on that defendant.” When the Advisory Committee on […]
ROANOKE, Va. (January 5, 2023) – The Virginia law firm Gentry Locke is pleased to announce that attorneys David R. Berry, Charles L. Calton, D. Scott Foster Jr. and Alicha M. Grubb have been promoted to the partnership, effective January 1, 2023. “It is a testament to our firm culture to have such an exceptional group of young attorneys with a diverse set of skills that allow us to serve a wide range of clients,” said Gentry Locke Managing Partner Brett Marston. “We congratulate them on this accomplishment and look forward to their continued contributions to the firm and to […]
ROANOKE, Va. (January 4, 2023) – The Virginia law firm Gentry Locke is pleased to announce updates to its leadership in 2023. As part of its strategic plan for sustained growth and success, the firm has formed an executive board, effective January 1, 2023. Former Managing Partner Monica T. Monday will serve as chair of the executive board. K. Brett Marston has been named the new managing partner and will also serve on the executive board. Additional members of the executive board are Matthew W. Broughton, William Gust, and Gregory H. Habeeb. Monday served as managing partner from 2013-2022, and […]
ROANOKE, Va. (January 2, 2023) – The Virginia law firm Gentry Locke is pleased to welcome Jeffrey C. Southard to the firm’s statewide Construction Industry Contracting and Litigation group. Southard is a licensed Virginia attorney, who will also work with clients through Gentry Locke Consulting. He most recently served as the Executive Vice President of the Virginia Transportation Construction Alliance. “This is exciting news. Jeff is an excellent addition to Gentry Locke and to its growing construction contracting and litigation team across the Commonwealth. Jeff brings more than 20 years of experience in the transportation and construction industries. He has […]
A recent opinion by the United States Court of Appeals for the Eleventh Circuit highlights the importance of obtaining and including a borrower’s correct name in the Form UCC-1 to be filed in the Virginia State Corporation Commission and other jurisdictions with statutory provisions similar to that of Virginia. In the case of 1944 Beach Boulevard, LLC v. Live Oak Banking Company, 2022 U.S. App. LEXIS 27330, the Court found that the Uniform Commercial Code financing statements filed by Live Oak with the Florida Secretary of State was “seriously misleading” because Live Oak listing the Debtor’s Name as “1944 Beach […]
Three attorneys walk into a law firm… It’s not the start of some joke. It’s the beginning of big news for Gentry Locke, which recently welcomed three attorneys as partners whose vast experience in government and the corporate world will help clients navigate issues where the public and private sectors meet. Carlos L. Hopkins, the Virginia Secretary of Veterans and Defense Affairs under former Virginia governors Terry McAuliffe and Ralph Northam, and a legal counsel to McAuliffe; Noah P. Sullivan, also a former counsel to McAuliffe who previously worked in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP; […]
ROANOKE, Va. (December 8, 2022) – The Virginia law firm Gentry Locke is pleased to announce that Jared A. Tuck and Aidan C. Williams have joined the firm’s Roanoke office as associates. “We are pleased to welcome Jared and Aidan to the firm and are confident that they will provide valuable support to our team in continuing to provide exceptional service to our clients,” said Gentry Locke Managing Partner Monica T. Monday. Tuck is a member of the firm’s Plaintiff Practice Group and previously served as a summer associate with Gentry Locke. Tuck earned his J.D. from William & Mary […]
ROANOKE, Va. (December 1, 2022) – The Virginia law firm Gentry Locke is pleased to announce that 20 attorneys have been named to Virginia Business magazine’s 2022 Legal Elite list. The list is determined by peer votes and is divided into 20 specialties. The Gentry Locke attorneys recognized in the 2022 Legal Elite list and the areas in which they are recognized include: Thomas J. Bondurant, Jr. – Criminal Law William E. Callahan, Jr. – Bankruptcy/Creditors’ Rights, Administrative Government Christen C. Church – Intellectual Property/Information Technology Chip (John G.) Dicks – Legislative/Regulatory/Administrative Alicha M. Grubb – Young Lawyer and Administrative […]
ROANOKE, Va. (October 12, 2022) – The Virginia law firm Gentry Locke is pleased to announce that eight of the firm’s attorneys have been elected to serve in leadership roles in the Virginia State Bar and local bar associations. “We are proud of the dedication each of these attorneys has shown to serving the legal profession and upholding the highest standards of professionalism and know that their leadership capabilities will be a benefit to each of these organizations,” said Gentry Locke Managing Partner Monica T. Monday. Christen C. Church has been elected by the Roanoke Bar Association as president-elect for […]
Partner, Jon Puvak represents Red Brick Solar in their investment in Lunenburg County. The Conditional Use Permit (CUP) application and siting agreement were both approved recently. Click here to read more regarding new solar facilities coming to Virginia in this article by the Kenbridge Victoria Dispatch.
RICHMOND, Va. (October 7, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Hailey A. Wilkes as an associate in the firm’s Civil Defense Litigation group in Richmond. “Hailey’s background in insurance law and litigation allows her to provide valuable counsel to our clients and provide strategic insurance defense support to our team,” said Gentry Locke Managing Partner Monica T. Monday. Wilkes regularly works with clients and organizations in civil defense matters through all phases of state and federal litigation. She has experience counseling clients, interviewing witnesses, coordinating with experts and consultants, negotiating settlements, and corresponding with […]
The Virginia Administrative Process Act (“VAPA”) and Part 2A of the Rules of the Supreme Court of Virginia govern judicial review of determinations by certain administrative agencies in Virginia. A party appealing an agency decision under the VAPA must operate within these parameters, and the Court’s review of an agency decision is limited. In this context, the party contesting the agency decision bears the burden to “designate and demonstrate an error of law subject to review by the court.” Va. Code § 2.2-4027. Under the VAPA, an “error of law” contemplates a decision that is not: (1) in accordance with […]
RICHMOND, Va. (September 21, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Brittany L. Mountjoy as an associate in the firm’s Criminal & Government Investigations practice group in Richmond. “Brittany’s regulatory and government affairs experience paired with her commitment to client service makes her an exceptional addition to our team, and we are delighted to welcome her to the firm,” said Gentry Locke Managing Partner Monica T. Monday. Mountjoy regularly represents clients in both civil and criminal matters. She previously worked as a Deputy State Public Defender at the Colorado State Public Defender’s Office where she […]
Case Studies
September 2022
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Gentry Locke for the Plaintiff This was a suit to enforce the terms of a post nuptial agreement and a QTIP trust created pursuant to the PNA. After a bench trial, the Court awarded money damages, attorneys fees, and specific performance requiring the defendant to convey assets to the trust that generated at least $10,000 in revenue per month. The judgment held up on appeal and we are in the process of collection.
RICHMOND, Va. (September 13, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Carlos L. Hopkins as a partner in the firm’s Government and Regulatory Affairs practice and the Criminal and Government Investigations practice in Richmond. Hopkins is the former Counsel to Governor McAuliffe and former Virginia Secretary of Veterans and Defense Affairs. “Carlos brings more than 25 years of experience in the military, government and civilian sectors, giving him a unique perspective into the legal, legislative and regulatory landscape in Virginia,” said Gentry Locke Managing Partner Monica T. Monday. “We are pleased to welcome Carlos to […]
By John G. Danyluk, Erin M. Harrigan and Andrew E. Hayhurst Timely cover story about the data privacy rules that take effect Jan. 1, 2023. Click the below cover to read the full article in the VBA Journal or click here.
Excerpt from Virginia Business Magazine, Virginia 500 – The 2022 Power List, Vol. 3, September 2022. Monday sits at the helm of a fast-growing Virginia law firm and heads the firm’s appellate practice. Gentry Locke doubled the size of its Richmond office in 2021, adding nine attorneys to expand its criminal and government investigations and renewable energy practices, moving it from the state’s ninth largest firm to the eighth. A William & Mary law graduate, she is a past chair of the Virginia Bar Association’s Appellate Practice Section Council and sits on the board of directors for the Harvest Foundation, […]
RICHMOND, Va. (August 29, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Lindsey Rhoten as an associate in the firm’s Real Estate, Land Use, and Zoning Group and the Environmental Group in Richmond. “Lindsey’s experience in real estate and zoning work and her background in environmental law make her an exceptional fit with our team and bolster their capabilities to counsel clients navigating land use issues,” said Gentry Locke Managing Partner Monica T. Monday. “We are pleased to welcome her to the firm and know that she will serve as an asset to our team in […]
Congratulations! You’ve decided to start a business or to be an entrepreneur. Or you’ve decided it is time to grow your business further. Now, if you can just raise the capital to give your business a go… Perhaps you tapped into your savings or nest egg. Maybe the business is generating enough revenue to get by. But eventually, you may need outside funding – whether from friends and family or from other investors. It could come in the form of debt or equity from private or institutional investors. Today, let’s focus on raising capital. Beware! Raising capital is fraught with […]
ROANOKE, Va. (August 18, 2022) – The Virginia law firm Gentry Locke is pleased to announce that 27 of the firm’s attorneys are included in the Best Lawyers® lists in 2023, including 22 attorneys recognized in the 2023 edition of The Best Lawyers in America® and five attorneys recognized in the 2023 edition of the Best Lawyers: Ones to Watch in America™ list. Of the 22 attorneys included in The Best Lawyers in America list, the following two attorneys were also recognized with a “Lawyer of the Year” award: Monica Taylor Monday received the Best Lawyers 2023 Appellate Practice “Lawyer […]
Per-and polyfluoroalkyl substances (collectively, “PFAS”) are a group of nearly 5,000 human-made chemicals that are resistant to heat, water and oil. Due to these “resistance” properties, since the 1940s, PFAS have been used in a broad spectrum of industrial applications and commercial products, including everyday household items and packaging. Some examples of PFAS usage include carpeting, waterproof clothing, upholstery, food paper wrappings, cookware, personal care products, fire-fighting foams, and metal plating. In the environment, PFAS rapidly move through groundwater. Thus, PFAS frequently are found in public and private water sources throughout the United States. Unfortunately, the same resistance to water, […]
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.Gentry Locke for the Defendant USDC for the Western District This was a suit to collect on change orders (called true ups) in the processing and bagging of protein chips made with chicken between two snack food brands. Jury trial resulted in verdict for the plaintiff for extras and a verdict for the defendant for conversion of its equipment. The plaintiff wrongfully withheld the defendant’s equipment as leverage to force payment despite having no security interest in the equipment.
ROANOKE, Va. (July 25, 2022) – The Virginia law firm Gentry Locke is pleased to welcome William S. Fussy as an associate in the firm’s General Commercial Practice Group in Roanoke. “We are pleased to welcome Will to our corporate and commercial practices,” said Gentry Locke Managing Partner Monica T. Monday. “Will brings an enthusiasm for helping clients that fits perfectly with our client-centered culture.” Will is a cum laude graduate of the Washington and Lee University School of Law, and received his B.S. from Hampden-Sydney College. During law school, he served as a research assistant and gained experience as […]
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.United States District Court for the Western District of Virginia, Charlottesville Division Our client, a heavy equipment dealer in Virginia, was sued by the equipment manufacturer’s former dealer. The former dealer alleged that our client had tortiously interfered with its dealer contract and had engaged in a business conspiracy with the manufacturer to cause the manufacturer to terminate the former dealer’s contract. We filed a Motion to Dismiss both claims arguing that, even assuming the truth of the allegations, the plaintiff failed to state viable claims against our client. Our client had merely been approached by the manufacturer with an […]
During the 2022 Session, the Virginia General Assembly passed SB 550, which, among other things, prohibits the application of contingent payment or condition precedent payment clauses (known as “pay-if-paid” clauses) under most circumstances. The bill also establishes prompt payment clauses for prime contracts and subcontracts on private projects, whereas, Virginia’s Prompt Payment Act was formerly applicable only to public projects. The final language of the bill included a delayed enactment clause so that the statutory changes in SB 550 will not take effect until January 1, 2023. This delay gives project owners, developers, design professionals, general contractors, and subcontractors the opportunity […]
The question regarding whether a worker is properly classified as an independent contractor or employee is fraught with controversy, legal risk and uncertainty. A recent case illustrates the issue in the trucking world. On June 30, 2022, the U.S. Supreme Court declined a petition for writ of certiorari filed by a group representing California’s trucking industry, California Trucking Association (“CTA”). CTA’s petition sought to challenge a California worker classification law that will have a devastating impact on the trucking and transportation industries. These industries are already in the midst of multiple, overlapping crises. The high court denied CTA’s petition challenging the […]
ROANOKE, Va. (July 11, 2022) – The Virginia law firm Gentry Locke is pleased to welcome John M. Scheib as a partner in its General Commercial Practice Group. He is the former Chief Legal Officer and a former senior executive of Norfolk Southern Corporation, and has extensive deal-making, legislative, regulatory, and business experience. Norfolk Southern is one of the nation’s premier rail transportation companies with $11.5 billion in revenues and operating approximately 19,500 route miles in 22 states and the District of Columbia. The company has approximately 27,000 employees. NYSE:NSC. “John is a leading business attorney with a nationwide reputation […]
It is the job of the Virginia legislature to make and change the laws of our Commonwealth. Sometimes, these new or changed laws are plastered all over the news. More often than not, new and changed laws are put into effect with little to no publicity. Nevertheless, there they are, ready to be used as a tool, or weapon, when the time presents itself. Despite the world’s reaction to COVID-19, the Virginia legislature was hard at work in 2020. Part of its work included amending an existing law concerning indemnification provisions in contracts with design professionals. Historically, indemnification provisions included […]
The Interstate 81 Advisory Committee will be meeting Thursday, July 7, 2022, at 1 p.m. in the Shenandoah Room of the Hotel Roanoke. The meeting will be open to the public, and members of the public will have the opportunity to submit questions in-person, or by phone (by dialing 617-675-4444, followed by the PIN 323 329 033 9157#). The meeting agenda and related documents will be available at http://improve81.org/advisory-committee-and-meetings/advisory-committee/default.asp. The I-81 Advisory Committee provides advice and recommendations to the Commonwealth Transportation Board (CTB) regarding the development of the I-81 Corridor Improvement Program and the allocation of the $2 billion of […]
Last Friday, June 17th, Dean Spencer was presented with the 2022 William R. Rakes Leadership in Education Award at the Virginia Bar Association Meeting in Virginia Beach. Dean Spencer actually presented Bill Rakes the inaugural Rakes award in 2012. This year, ten years later, Bill had the pleasure of returning the honor. The Rakes award recognizes an individual who has demonstrated exceptional leadership and vision in developing and implementing innovative concepts to improve and enhance the state of legal education, and in advancing relationships and professionalism among members of the academy, the bench, and the bar within the legal profession in Virginia. Read more […]
Gentry Locke partner Todd Leeson has been named a “Go-To Lawyer” in Employment Law by Virginia Lawyers Weekly. The “Go-To Lawyers” recognition program identifies the top lawyers in their practice across the Commonwealth. A “Go-To Lawyer” is so named because they are considered leaders in his or her field, they have enjoyed a record of success throughout their career, and they are the first person that comes to mind from referring attorneys and others in the legal profession. Todd Leeson oversees Gentry Locke’s employment practice – a group known for giving candid, realistic assessments and providing creative solutions. Clients rely […]
In one of the more significant Virginia administrative law decisions in recent years, the Supreme Court of Virginia held that the “harmless error” standard does not apply to most issues in administrative appeals, restricting the standard only to procedural defects. The decision in Chesapeake Hospital Auth., d/b/a Chesapeake Regional Medical Center v. State Health Commissioner, et al., Record No. 201510 (Va. May 19, 2022) sweeps broadly, impacting judicial review of all agency decisions subject to the Virginia Administrative Process Act (“VAPA”). The result is likely more delay, more uncertainty, and more litigation in regulatory matters, increasing regulatory risk for clients—particularly […]
