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Preliminary Motions Practice in Administrative Appeals Under the Virginia Administrative Process Act

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 […]

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Gentry Locke Welcomes Brittany L. Mountjoy to its Richmond Office

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 […]

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Former Virginia Cabinet Secretary Carlos Hopkins Joins Gentry Locke

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 […]

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Virginia Business Magazine names Monica T. Monday to their 2022 Virginia Power 500 List

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, […]

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Gentry Locke Welcomes Lindsey Rhoten to its Richmond Office

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 […]

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Are You Ready to Raise Capital for Your Business? Take a Beat to Avoid Problems

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 […]

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27 Gentry Locke Attorneys Recognized in Best Lawyers® 2023 Lists
Monday and Bondurant Receive Best Lawyers “Lawyer of the Year” Awards

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 […]

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PFAS is Coming: The Time to Prepare is Now

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, […]

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Gentry Locke Welcomes William S. Fussy to its Roanoke Office

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 […]

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Heavy equipment dealer in Virginia sued by the equipment manufacturer’s former dealer. Court grants Motion to Dismiss.

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 […]

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Virginia General Assembly Passes Law Prohibiting the Application of Pay-if-Paid Clauses on Both Public and Private Projects

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 […]

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Trucking Industry Dealt a Blow: What You Should Know

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 […]

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Gentry Locke Welcomes Transportation & Business Partner John M. Scheib to Its General Commercial Practice Group

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 […]

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Beware the Duty to Defend Language in Contracts with Architects and Engineers

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 […]

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I-81 Advisory Committee Meeting July 7 at 1:00

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 […]

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Dean of William & Mary Law School
A. Benjamin Spencer Receives 2022
William R. Rakes Leadership in Education Award

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 […]

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Virginia Lawyers Weekly Has Named Todd Leeson a “Go-To Lawyer” for Employment Law

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 […]

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Major Administrative Law Decision by the Virginia Supreme Court Tightens Agency Scrutiny, Increasing Likelihood of Delays, Remands, and Further Litigation in Contested Regulatory Matters

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 […]

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Gentry Locke Partner Andrew O. Gay Selected as Associate Fellow of the Construction Lawyers Society of America

LYNCHBURG, Va. (June 1, 2022) – The Virginia law firm of Gentry Locke is pleased to announce that partner Andrew O. Gay has been selected as an Associate Fellow of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only international honorary association comprised of lawyers who specialize in construction law and related fields. Fellowship is limited and selective and is based on a proven record of excellence and accomplishment in construction law at both the trial and appellate levels, as well as superior ethical reputation. Andrew Gay is a partner in Gentry Locke’s Lynchburg office and a […]

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You’ve got it covered, right? Gentry Locke Partner Matt Broughton Discusses Insurance Policies, Coverage, and Umbrellas

Are you naked? Are you fully covered? Look, don’t be embarrassed. I’m talking about insurance. Let me ask again: Are you covered? In my work, I often talk to clients who don’t have enough insurance coverage. The problem is that many of them didn’t know they were naked — that is, they lacked adequate insurance coverage — until it was too late. They didn’t have enough coverage to protect their family or themselves, or enough to cover claims paid to someone they might have injured in an accident. They didn’t have enough coverage to replace a home that might have […]

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Gentry Locke Welcomes Noah Sullivan to its Richmond Office

The Virginia law firm of Gentry Locke is pleased to welcome Noah Sullivan as a partner in its Richmond office. Sullivan will work in the firm’s commercial litigation practice. “Noah’s experience combines almost a decade of high-stakes commercial litigation at Gibson Dunn together with his service as Deputy Counsel and then Counsel to former Virginia Governor Terry McAuliffe. His experience expands our ability to offer unique skill and insight to navigate our clients’ most challenging litigation, regulatory, and legislative matters in our Richmond office,” said Gentry Locke Managing Partner Monica T. Monday. Prior to joining Gentry Locke, Sullivan worked as […]

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Super Lawyers 2022 Recognizes 17 Gentry Locke Lawyers

ROANOKE, Va. (May 5, 2022) – The Virginia law firm Gentry Locke is pleased to announce that 11 of the firm’s attorneys were selected for recognition in the 2022 Virginia Super Lawyers® list and six were selected as Rising Stars. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in the areas of appellate law, business/corporate law, business litigation, construction litigation, criminal defense, employment law and litigation, government relations, health care, intellectual property, land use and zoning, personal injury, and professional liability. Further recognitions go to Monica Monday and Brett Marston. Monica Monday, Gentry Locke’s managing […]

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Gentry Locke Provides Internship to International Pre-Law Student

Gentry Locke had the pleasure of welcoming an exceptional Roanoke College pre-law student to the firm as an intern this Spring. Natalie Hidalgo-Lopez says she is currently “living her dream” as she finishes up her undergraduate degree and sets her sights on law school. Natalie comes to Roanoke College all the way from her home in Ecuador. A talented athlete, soccer brought her to the United States at 16 years old. She made the journey on her own, but soon found herself welcomed by a family in Martinsville. Natalie describes herself as incredibly blessed to have two families – one […]

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Getting Cross-Examination Right

Cross-examination can determine whether you win or lose your case. It’s a crucial opportunity to reinforce advantageous points and undermine problematic ones. Maintaining control of the process is key. Here are some ways to do so. Know where you are going. Organize your strategy and questions, prepare rigorously, and know what you want to accomplish with each witness. Pay close attention to the order of your questions, because jurors tend to remember the first and last things they hear the most. Always ask yourself: Is it even necessary to cross-examine this witness? Never ask open-ended questions. Ask only questions you […]

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Gentry Locke Partner Ashley Winsky Selected as 2022 Influential Women of Law by Virginia Lawyers Weekly

The Virginia law firm of Gentry Locke is pleased to announce that partner Ashley W. Winsky has been selected to the “2022 Influential Women of Law” list by Virginia Lawyers Weekly. This award honors outstanding women lawyers and judges who are making a difference in the profession, their communities and the Commonwealth. The honorees will be celebrated at an awards ceremony at the John Marshall Ballroom in Richmond on May 25th. Winsky, a partner in Gentry Locke’s Richmond office, specializes in defending motor carriers against personal injury claims resulting from roadway accidents. She has over a decade of experience defending […]

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Virginia Lawyers Weekly Names Christen Church 2022 Go To Lawyer for Business Law

Gentry Locke is pleased to announce that partner Christen Church has been honored as one of the “Go To Lawyers” for business law by Virginia Lawyers Weekly. Now in its third year, the program recognizes leading lawyers in a particular field of law. Nominees were selected using six criteria, including those who experience a record of success, a lawyer to whom other lawyers make referrals and someone who can think creatively, among other characteristics. Christen has a transactional and advisory practice focusing on intellectual property, health care regulation and compliance, data privacy and security, mergers and acquisitions, and commercial financings. She […]

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Court Grants Summary Judgement from the Bench in Favor of Big Box Retailer

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Plaintiff sued our client, a big box retailer, for damages related to a “trip and fall” incident that occurred at a store in Richmond, Virginia. Following a thorough case work-up, Gentry Locke attorneys Jeffrey Miller and John “J.P.” Brown filed a Motion to Exclude the testimony of Plaintiff’s testifying expert witness under Federal Rule of Evidence 702, and a Motion for Summary Judgment. At a hearing before Senior U.S. District Court Judge Henry E. Hudson on February 9, 2022, the Court granted summary judgment from the bench in favor of the big box retailer, and the Court denied the Motion […]

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Environmental Justice in Virginia: Where are We Now?

Environmental justice is rapidly evolving in Virginia. As a result, regulators are unsure of how to incorporate, or weigh, environmental justice considerations in their decision-making process. However increasingly progressive legislation and landmark judicial decisions that check the power of state’s regulatory bodies have made environmental justice not only a significant but required element in permitting decisions. Gentry Locke Environmental and Government and Regulatory Affairs attorneys Jasdeep Singh Khaira, Patrice Lewis, D. Scott Foster, and Government Affairs Specialist Abigail Thompson provide a legal update on environmental justice in Virginia within the University of Richmond Public Interest Law Review. In general, with […]

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Virginia rescinds its first in the nation COVID-19 Workplace Health Standard

On July  15, 2020, Virginia, adopted the first in the nation COVID-19 Emergency Temporary Standard (the “ETS”). The ETS required Virginia employers to take certain actions to mitigate the spread of COVID-19 infections in the workplace. On January 23, 2021, VOSH replaced the ETS with a permanent Standard for Infectious Disease Prevention (the “Permanent Standard”), which it amended in August 2021. On January 15, 2022, Governor Youngkin issued an Executive Order directing the Virginia Safety and Health Codes Board (the “Board”) to convene an emergency meeting to discuss if there is an ongoing need for the Permanent Standard. The Board […]

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Gentry Locke Partner Glenn Pulley named to Virginia Lawyers Weekly’s Class of 2022 Hall of Fame

ROANOKE, Va. (March 14, 2022) – The Virginia law firm of Gentry Locke is pleased to announce that Glenn Pulley, a partner in the firm’s Business Litigation group, has been selected as a member of the Virginia Lawyers Hall of Fame Class of 2022. The award from Virginia Lawyers Weekly recognizes Virginia’s most significant senior lawyers. “Glenn is an outstanding litigator and problem-solver. He has handled a stunningly broad range of cases over his 40-plus year career, demonstrating his vast legal knowledge and skill.” said Gentry Locke Managing Partner Monica T. Monday. “Glenn has helped countless clients over his distinguished […]

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Maximizing Defenses Against Preference Claims in your Customer’s Bankruptcy

The story is familiar. Your company has a customer that has been purchasing goods or services from your company for a long time. The customer is exhibiting signs that it is experiencing financial difficulties. The customer’s payments of the company’s invoices become slower and eventually past due.  The business relationship is valuable to both the customer and your company: the customer needs your company’s goods or services and the customer provides important revenue to your company. Neither party wishes to terminate the relationship. The financial condition of the customer continues to deteriorate and the customer resorts to the filing of […]

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Virginia Poised to Withdraw Its Workplace COVID-19 Standard, But Employers Must Remain Vigilant

On July 27, 2020, Virginia was the first state to adopt a COVID-19 Emergency Temporary Standard (the “ETS”), which required Virginia employers to take certain actions to mitigate the spread of COVID-19 infections in the workplace. On January 26, 2021, the VOSH ETS lapsed after its duration of six months. VOSH replaced the ETS with a permanent Standard for Infectious Disease Prevention (the “Permanent Standard”) that took effect on January 27, 2021. In response to CDC guidance issued on July 27, 2021, on August 26, 2021, VOSH adopted amendments to the Permanent Standard. The amended Permanent Standard is currently in […]

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Coronavirus/COVID-19
We’re Here to Help

Gentry Locke has established a team of attorneys and professionals ready to assist you and your company as you navigate COVID-19 Banking Resources Financial Institutions and Business Lending: Creditors’ Rights U.S. SBA Economic Injury Disaster Loan (EIDL) Summary for Small Businesses and Nonprofits Business Resources Force-Majeure – COVID-19: Foreseeable or Unforeseeable? CARES Act Resources Alert: New COVID-19 Relief Bill – Key Provisions for the Paycheck Protection Program Safe Harbor for Borrower Necessity of Paycheck Protection Program Loan President Trump signs into law an additional $500 Billion Relief Package The Treasury Department Clarifies Confusion Concerning PPP Eligibility for Small Businesses CARES […]

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Don’t Leave HR to Luck: Gentry Locke’s 2022 Employment Law Symposium

If only wishing made our HR compliance so! Sign up to attend Gentry Locke’s LIVE in-person Employment Law Symposium today!   Registration is now CLOSED   Refunds: Our policy is to allow the switching of attendees or event locations if needed. Full refunds will be made by check if canceled no less than two weeks prior to the event date. All refunds will be made by check, no matter how the registration was paid. Questions? Contact event support at glrm@gentrylocke.com   Schedule 7:45-8:30 | Complimentary Breakfast and Sign-in 8:30-9:00 | The New Virginia Employment Law Landscape | Presenters: Todd Leeson, […]

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Gentry Locke Elevates Two Lawyers to Partner

ROANOKE, Va. (January 4, 2022) – The Virginia law firm of Gentry Locke is pleased to announce the promotions of Andrew O. Gay and Kirk M. Sosebee to the partnership, effective January 1, 2022. “Andrew and Kirk are talented attorneys who have demonstrated hard work and commitment to our clients,” said Gentry Locke Managing Partner Monica T. Monday. “We are pleased to welcome them to the partnership.” Gay is a member of the firm’s Construction Law group, where he assists clients with construction contracts and resolving construction disputes. He also has experience resolving lien and bond claims, performance disputes, licensing […]

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Andrew (Drew) E. Hayhurst Joins Gentry Locke in Richmond

RICHMOND, Va. (December 13, 2021) – The Virginia law firm, Gentry Locke, is pleased to announce the addition of Andrew (Drew) E. Hayhurst to its Richmond office, where he will assist clients with commercial transactions. “We are excited to welcome Drew to the firm,” said Gentry Locke Managing Partner Monica T. Monday. “Drew is an excellent addition to our growing transactional practice.” Hayhurst joins Gentry Locke from an AmLaw 100 firm where he worked on business and corporate issues. He earned his B.A. from The University of Mississippi and his J.D. from Wake Forest University School of Law. In law […]

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Gentry Locke Consulting Welcomes Zachary LeMaster in Richmond

RICHMOND, Va. (December 13, 2021) – Gentry Locke Consulting is pleased to announce the addition of Zachary LeMaster. LeMaster will provide strategic communications guidance to clients to help advance their legal and policy goals. “Zach’s experience with the Virginia General Assembly will be a tremendous asset to our clients,” said President of Gentry Locke Consulting, Greg Habeeb. “Zach’s experiences have given him deep insight into the Virginia economy, and he looks forward to guiding businesses as we enter a new era in Virginia.” Gentry Locke Consulting is now the only firm than can offer clients the capabilities of two former […]

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ESOP – An Objective Overview for the Construction Industry

On December 8, 2021, Gentry Locke Partner Bill Gust spoke at a conference for the American Institute of Certified Public Accountants (AICPA) at the Bellagio Hotel in Las Vegas, Nevada. The presentation covered what a contractor needs to know when considering an ESOP as part of a succession/continuity and ownership transfer strategy, what questions to ask, and how to analyze an ESOP alternative in a construction environment.

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Eighteen Gentry Locke Attorneys Named to Legal Elite

ROANOKE, Va. (December 1, 2021) – The Virginia law firm of Gentry Locke is pleased to announce that 18 attorneys have been named to Virginia Business magazine’s 2021 Legal Elite. The list is determined by peer votes and is divided into 18 specialties. The Gentry Locke attorneys listed as “Legal Elite” for 2021 are: Thomas J. Bondurant, Jr., Criminal & Government Investigations William E. Callahan, Jr., Bankruptcy/Creditors Rights Christen C. Church, Healthcare Chip (John G.) Dicks, Government & Regulatory Affairs Alicha M. Grubb, Young Lawyer Gregory D. Habeeb, Government & Regulatory Affairs Gregory J. Haley, Municipal & Local Government Kevin […]

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OSHA Emergency Temporary Standard for employers with 100 employees: Preliminary Insights

As you likely know, Federal OSHA has published its new Emergency Temporary Standard (ETS) that requires private employers with more than 100 employees to mandate COVID-19 vaccines, or require at least weekly COVID testing for unvaccinated employees, among other things.  Here is some preliminary information for employers. Basics:  The ETS was published in the Federal Register on Friday November 5, 2021.  See the link below to the OSHA Website.  OSHA has published several documents to assist including an executive summary, FAQs, and sample policies. https://www.osha.gov/coronavirus/ets2 The ETS requires that employees be fully vaccinated by January 4, 2022 or have a […]

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Gentry Locke Welcomes John P. Brown to its Richmond Office

RICHMOND, Va. (November 8, 2021) – The Virginia law firm, Gentry Locke is pleased to welcome John P. (J.P.) Brown to its Richmond office. Brown will work in the firm’s insurance litigation practice. “J.P.’s litigation experience and knowledge of Virginia’s state and federal courts will be a tremendous asset to our clients. We are very excited to have him join our growing litigation team Richmond,” said Managing Partner, Monica T. Monday. Brown joins Gentry Locke from an Am Law 200 firm, where he litigated cases in the United States District Courts for the Eastern and Western Districts of Virginia. He […]

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Gentry Locke Recognized by U.S. News – Best Lawyers® “Best Law Firms” 2022 in 31 Practice Areas

ROANOKE, Va. (November 4, 2021) – The Virginia law firm of Gentry Locke is pleased to announce its inclusion in the 2022 Best Law Firms rankings published by U.S. News & World Report and Best Lawyers®. The firm secured rankings in 31 practice areas, including 17 rankings as Metropolitan Tier 1, which is the highest tier for regional recognition. The firm’s list of rankings can be found below and on the Best Law Firms website. Metropolitan Tier 1 – Roanoke Antitrust Law Appellate Practice Banking and Finance Law Commercial Litigation Construction Law Corporate Law Employee Benefits (ERISA) Law Employment Law […]

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Gentry Locke Welcomes Five Attorneys in Roanoke and Richmond

ROANOKE, Va. (October 25, 2021) – The Virginia law firm Gentry Locke is pleased to announce the addition of five new lawyers. Jasdeep Singh Khaira and Patrice L. Lewis have joined the firm’s Richmond office, and Charlie D. Morrison, Haley D. Santos and William L. Spotswood have joined the firm in Roanoke. Khaira has joined the firm’s Energy and Environmental practices. While in law school, he worked as a full-time legal extern for the U.S. Environmental Protection Agency in Colorado. He also served as a clerk with the Sierra Club’s Environmental Law program and as a legal clinician with the […]

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Greg Haley Inducted as a Fellow of the Roanoke Law Foundation

The Roanoke Law Foundation has inducted Gentry Locke Partner Gregory J. Haley as a Fellow. Induction as a Fellow is a special honor awarded to selected Virginia attorneys, law professors, and retired members of the judiciary who are deemed to be outstanding in their profession and in their community. The Roanoke Law Foundation serves as the public service and philanthropic arm of the Roanoke Bar Association for the purpose of supporting, improving and facilitating the administration of justice and providing and supporting law-related education. This mission is to be accomplished by raising funds to provide grants and other financial assistance to individuals and other organizations […]

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Gentry Locke’s Todd A. Leeson and D. Scott Foster Jr. Honored by Virginia Lawyers Media

ROANOKE, Va. (September 14, 2021) – The Virginia law firm Gentry Locke is pleased to announce that Roanoke partner Todd A. Leeson was named to Virginia Lawyers Weekly’s 2021 class of “Leaders in the Law” and Richmond associate D. Scott Foster Jr. was named to the publication’s 2021 class of “Up & Coming Lawyers.” All recipients will be honored during an awards ceremony on October 19 and will be profiled in the publication. Now in its 16th year, the Virginia Lawyers Weekly Leaders in the Law awards recognize lawyers across the commonwealth who are setting the standard for other Virginia […]

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Gentry Locke Welcomes Jessiah Hulle to its Roanoke Office

ROANOKE, Va. (August 07, 2021) – The Virginia law firm Gentry Locke is pleased to announce the addition of associate Jessiah Hulle to its Criminal & Government Investigations Group in Roanoke. Hulle will work with clients on white-collar criminal defense matters in federal courts. Prior to joining the firm, Hulle served as a law clerk to the Honorable Mary Grace O’Brien of the Court of Appeals of Virginia. During law school he served as a student attorney with the Commonwealth’s Attorney’s Office for Augusta County and as an intern for both the United States Attorney’s Office for the District of […]

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Are Attorney’s Fees Recoverable In Fraud Cases?

Virginia follows the American Rule regarding attorney’s fees, which provides that parties must typically pay their own fees and costs in litigation; a prevailing litigant cannot collect its fees from the losing litigant. However, there are some exceptions. For example, a governing statute might include a fee-shifting section. Or, the litigants’ contract might include a similar clause. There is also a judicially-crafted exception that can apply in fraud cases. The exception has its roots in the case of Prospect Development Company v. Bershader, a 1999 decision by the Supreme Court of Virginia. There, the Court largely affirmed the trial court’s […]

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29 Gentry Locke Attorneys Recognized by The Best Lawyers in America© 2022

Gust, Leeson and Worthy Selected for “Lawyer of the Year” Awards   ROANOKE, Va. (August 19, 2021) – The Virginia law firm Gentry Locke is pleased to announce that 29 of the firm’s attorneys were recognized in The Best Lawyers in America© 2022, a national legal ranking. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in numerous legal practice areas, including appellate, banking and finance law, bet-the-company litigation, commercial litigation, criminal defense, employment law, insurance law, medical malpractice law, real estate law, tax law, trusts and estates, and others. In addition, W. William Gust (Employee […]

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