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 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 Act – Small Business Paycheck Protection Program and Loan Forgiveness Interim Final Rule […]
Gentry Locke Consulting will be a full-service public affairs, communications, and marketing firm RICHMOND, VA – The Virginia law firm of Gentry Locke announced on Tuesday the opening of Gentry Locke Consulting and the expansion of its Richmond office with the hiring of Patrice Lewis, an experienced public affairs and communications professional. Gentry Locke Consulting will be a full-service public affairs, communications and marketing firm that will bring together talented professionals to serve clients. Gentry Locke Consulting will take a ‘mission-driven approach’ that emphasizes the organization’s core commitment to public service, uplifting voices, and helping clients make meaningful change. Gentry […]
ROANOKE, Va. (November 5, 2020) – The Virginia law firm of Gentry Locke is pleased to announce its inclusion in the 2021 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 also here. Metropolitan Tier 1 – Roanoke Antitrust Law Appellate Practice Banking and Finance Law Commercial Litigation Construction Law Corporate Law Employee Benefits (ERISA) Law Employment Law — Management Financial Services […]
A team of Gentry Locke litigators recently reached a settlement for $8 Million Dollars on behalf of a factory worker who was severely injured when her hair became entangled in the drive shaft and roller of the glue spreading machine she operated. The machine spun her hair around the shaft and roller, ultimately completely scalping her from eyebrows to the back of her neck and from ear to ear. Her life was saved by the Duke Medical Center but her injuries are permanent and debilitating. The claim we asserted on our client’s behalf was initially focused on the way the […]
Much like the I-81 construction in the western part of Virginia, the HRBT expansion project promises to have major implications for the southeastern part of the Commonwealth and beyond. In the immediate term, the massive construction project will be an undertaking like few other projects have ever seen. In the longer term, the economic benefits for the Commonwealth should prove real and significant. Our construction team continues to monitor these major projects, and has established this page to provide a resource for information about the on-going construction and any major issues related to it. We are available to assist with […]
An April, 2019 deal reached in the Virginia General Assembly means that Interstate 81 will be receiving an ongoing infusion of cash to fund major improvements to the congested roadway, with projects beginning as soon as next year. This is tremendous news for the entire I-81 corridor in Virginia — and especially for Roanoke, the largest Virginia city along the interstate. These improvements will reduce the congestion that has plagued the corridor and will expedite the flow of commerce. Here at Gentry Locke, headquartered in Roanoke, we are excited about the growth and new development these improvements will spur over […]
ROANOKE, Va. (Oct. 5, 2020) – The Virginia law firm, Gentry Locke is pleased to announce the arrival of Jean D. Mumm as a partner in the firm’s commercial real estate practice. With more than 30 years of experience, Mumm brings a deep understanding of commercial real estate, business and finance transactions. “Jean is going to be a tremendous asset to the firm and our clients,” said Gentry Locke Managing Partner Monica T. Monday. “She has worked in the law firm setting and as in-house counsel, which provides her with the ability to really see challenges from the client side.” […]
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 products liability case arising out of an industrial accident in which plaintiff’s hair became entangled in an unguarded glue roller and drive shaft, which resulted in a degloving of her scalp from the base of her skull past her eyebrows. Defendant manufacturer testified that the machine was designed to incorporate safety panels to prevent access from where plaintiff was standing. The panels were removed from the machine prior to shipment and were not installed by the machine installer.
Harbert, Gust, and Paxton Selected for “Lawyer of the Year” Awards ROANOKE, Va. (August 20, 2020 ) – The Virginia law firm of Gentry Locke is pleased to announce that 22 of the firm’s attorneys were recognized in The Best Lawyers in America© 2021, 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, Guy M. Harbert III […]
The COVID-19 pandemic turned the world on its head just days after the 2020 General Assembly adjourned, all but guaranteeing that the General Assembly would reconvene for a Special Session sometime this year to reconcile the state budget and deal with the fallout from the outbreak. Since then, the murder of George Floyd created a sense of urgency around the need for police and criminal justice reform, producing a second set of issues to address. Governor Ralph Northam has now called the General Assembly back to Richmond on August 18 to take up both of these issues. At a broader […]
The 2020 Virginia General Assembly enacted significant changes to Virginia’s most widely used exemption statutes in Title 34. In 2020 Virginia House Bill 790, which becomes effective on July 1, 2020, the legislature expanded both the amount of and procedure for claiming what is commonly referred to as the “Homestead Exemption” by simplifying the procedure for debtors claiming those exemptions in a pending bankruptcy case. Currently the Homestead Exemption under section 34-4 of the Code of Virginia permits an individual (a “householder”) to exempt from creditor process real and personal property up to $5,000 in value (or $10,000 in value […]
Effective July 1, 2020, Virginia employers with 5 or more employees must be prepared to address and provide pregnancy-related accommodations to its employees. Similar to the Americans with Disabilities Act, the new law requires Virginia employers to engage in a timely, good faith interactive process to determine if a reasonable accommodation can be provided to an employee with limitations related to pregnancy, childbirth, or related medical conditions, specifically including lactation. This process starts once an employee requests an accommodation related to pregnancy, childbirth, or a related medical condition and/or notifies the employer that the employee is pregnant. Additionally, as further […]
Change is coming July 1, 2020. Do you know how Virginia’s new laws impact your business? We do. Virginia Values Act Virginia Clean Economy Act Virginia Whistleblower Protection Law Virginia Human Rights Act Virginia Business Returns to Work
A slim majority of the Supreme Court of Virginia recently affirmed a judgment in favor of a supplier against a general contractor for materials that a subcontractor had ordered from the supplier but not paid for. The case, Davis v. FTJ, is a cautionary tale for those who expect their legal obligations to end with the contracts they make. Under this case, “implied” contracts – i.e., fictional contracts implied by law – may carry those obligations much further. The general contractor in Davis engaged a subcontractor to provide drywall and metal framing for a project in Arlington County, Virginia. The […]
A new Executive Order signed by President Donald Trump is designed to ease regulatory enforcement on businesses amidst the COVID-19 pandemic. While helpful, this executive action falls short of granting any new liability protections to businesses, and leaves that action to Congress, which is divided over whether to grant legal protections from lawsuits. It also does not apply to actions by state regulatory agencies. The Order, signed Tuesday, May 19, encourages federal agencies to rescind, modify, waive, or provide exemptions to regulations and requirements that may slow economic recovery and discourages federal enforcement actions for businesses acting in reasonable good […]
As companies start to reopen and more workers are brought back to the workplace, the federal Occupational Safety and Health Administration (“OSHA”) changed its position and is now requiring businesses to be proactive in determining how workers who test positive for COVID-19 became exposed. The new guidance released on May 19 reversed OSHA’s April directive and now requires all employers with 11 or more employees who must maintain OSHA injury and illness logs to determine if a worker’s COVID-19 case is job-related.[1] This new Guidance can be found here. This requirement applied initially only to health-care employers, emergency-response providers, and […]
Until further notice, we request visitors to our offices cooperate with our efforts to reduce the health risks associated with the current COVID-19 crisis: Please call ahead and schedule all visits to our office. Prior to your appointment, please let us know if you, your client, or a member of your party: (1) have become ill with symptoms associated with COVID-19 (e.g. fever, shortness of breath, coughing, upset stomach, body aches), or (2) have been exposed to or have come into close contact with someone who has become ill with symptoms associated with COVID-19 or who has been diagnosed with […]
The current pandemic brings unparalleled challenges to business operations in Virginia, with nearly every sector struggling to strike the right balance between protecting the employee and public health, and surviving impact of mass shutdowns. That struggle poses the greatest risks to businesses, whose choices during this crisis receive increased attention, all while navigating often unfamiliar laws, regulations, and standards. This particular crisis impacts industries unaccustomed with operating under the glare of heightened scrutiny that accompanies declarations of emergency, disbursements of federal stimulus funds and new designations of what comprises the nation’s “critical infrastructure” under the Defense Production Act. Typical commercial […]
Virginia Values Act poses significant legal risks to Virginia Employers. See article published by Gentry Locke partner Todd Leeson in Law360 on May 15, 2020.
On May 13, 2020, the Department of Treasury issued FAQ #46, which provides a safe harbor for Paycheck Protection Program loans with an original principal amount of less than $2 Million. Below is FAQ #46 in its entirety: 46. Question: How will SBA review borrowers’ required good-faith certification concerning the necessity of their loan request? Answer: When submitting a PPP application, all borrowers must certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” SBA, in consultation with the Department of the Treasury, has determined that the following safe […]
With employers experiencing unexpected shutdowns and facing potential mass layoffs due to the COVID-19 pandemic, the Department of Labor (“DOL”) recently issued COVID-19 guidance for employers regarding the federal Worker Adjustment and Retraining Notification (“WARN”) Act. The FAQs can be found here. The WARN Act is a federal statute that requires covered employers to provide employees 60 days’ advance written notice before closing a plant or conducting a mass layoff. The WARN Act applies to employers that employ 100 or more full-time employees (not counting workers who have worked fewer than 6 months on the job). Covered employers, unless protected […]
The Virginia General Assembly concluded its 2020 session five days later than planned as a mountain of legislation and a late-breaking budget deal delayed adjournment. One of the largest agenda items for the new Democratic majority was a clean energy bill called the Virginia Clean Economy Act. The VCEA, along with several other energy reform bills, made the 2020 session a consequential year for energy transformation in the Commonwealth. Session Background The 2020 General Assembly started on a historic note, as Democrats took control of both branches of the General Assembly for the first time in 30 years and immediately […]
A lunch-time series with Q&A – presented by: David Paxton, Christen Church, Erin Harrigan, Cate Huff, Paul Klockenbrink, Todd Leeson, Kelsey Martin, Matthew Moran, and Jeff Howard (ARCpoint Labs) Latest COVID-19 Guidance, Return to Work & PPP Forgiveness May 12 12:15pm-1:30pm David Paxton, Christen Church, and Jeff Howard Register Here New Employment Laws Effective July 1 – Are You Ready? May 27 12:15pm-1:30pm Todd Leeson, Kelsey Martin, and Matthew Moran Register Here Beyond the Headlines: Virginia Values Act Will Transform Employment Litigation in Virginia: What You Need to Know June 3 12:15pm-1:15pm Cate Huff and Todd Leeson […]
As this year began, the nation’s attention was riveted on the impeachment proceedings triggered by a whistleblower complaint. Competing efforts to protect and “out” the whistleblower were on full display in the political arena. Fallout was not surprising, and recently the Inspector General who received and forwarded the whistleblower’s complaint was terminated. This article is not a political one.1 We start here only because it illustrates the increasing frequency of whistleblower complaints, and the power of such allegations once they are made public. These realities are now much more acute for the thousands of businesses which have received some portion […]
On Monday, April 27, 2020, Lynchburg Circuit Court Judge F. Patrick Yeatts issued an order granting a temporary injunction that allowed SafeSide Lynchburg to reopen its indoor shooting range. The owners of SafeSide Lynchburg, joined by the Virginia Citizens Defense League, Gun Owners of America, and the Association of Virginia Gun Ranges filed suit against Governor Northam challenging the inclusion of indoor shooting ranges as businesses ordered closed by Executive Order 53. Judge Yeatts enjoined and prohibited the Commonwealth from enforcing the prohibition on public access to SafeSide Lynchburg’s range as set forth in paragraph 4 of Executive Order 53, […]
Today, Friday, April 24, 2020, President Trump signed into law the “Paycheck Protection Program and Healthcare Enhancement Act,” providing an additional $484 Billion in relief, with a focus on small businesses and health care providers. Although it is hard to believe, it was less than a month ago that President Trump signed into law the “CARES Act,” a $2 Trillion relief package. The CARES Act contained $349 Billion in funding for the Paycheck Protection Program and an additional $10 Billion in SBA funding for the Economic Injury Disaster Loan Program. These funds were quickly depleted, with the need far outpacing […]
On April 21, 2020, OSHA issued a list of tips for Construction industry employers to follow so that they can reduce the risk of exposure to the coronavirus on the jobsite. That list can be viewed here. Many items on the list are familiar at this stage of the pandemic, including allowing employees to wear masks during work, continuing to use normal control measures including PPE, avoiding physical contact and practicing social distancing where possible, and cleaning shared tools and equipment. The full list of OSHA tips includes: Encourage workers to stay home if they are sick. Allow workers to […]
RICHMOND, Va. (April 23, 2020) – The Virginia law firm of Gentry Locke is pleased to announce that Erin Harrigan has joined as a partner in the Criminal & Government Investigations practice. Harrigan served as Assistant United States Attorney in the Western District of Virginia, based in Charlottesville, where she was the Lead Prosecuting Attorney for the Organized Crime & Drug Enforcement Task Force (“OCDETF”) and was nationally recognized for her work with the OCDETF National Director’s Award. As a federal prosecutor, Harrigan also prosecuted and investigated public corruption, regulatory offenses, human trafficking and fraud cases of local origin and […]
LYNCHBURG, Va. (April 23, 2020) – The Virginia law firm of Gentry Locke is pleased to announce that Andrew O. Gay has rejoined the firm in its Lynchburg, Virginia office. Gay will work in the firm’s commercial litigation practice group, where he will focus on assisting clients with complex construction contracts and construction litigation. “Andrew grew up working in the construction industry, so he understands firsthand the processes and challenges that contractors and developers face. He’ll be a terrific asset to our construction, road-building, and I-81 practice,” said Managing Partner, Monica T. Monday. Gay has significant experience in construction claim […]
Unfortunately, the current pandemic state has given rise to various forms of hoarding of certain medications and other essential medical supplies. As reports about potential stockpiling of hydroxychloroquine and chloroquine by physicians began to surface, the Department of Justice announced that it would be investigating instances of this type of activity. In late March, US Attorneys in Ohio issued a public statement indicating their commitment to address situations where physicians who are prescribing anti-viral medications such as hydroxychloroquine to healthy friends or associates because there is some anecdotal evidence the drugs could treat the novel coronavirus. All US Attorneys’ Offices […]
Federal and state prosecutors are casting a wide net for potentially fraudulent and illegal activity associated with the COVID-19 pandemic, which could catch businesses and industries, who are not accustomed to such scrutiny, off guard. According to recent public pronouncements from federal and state officials, investigations into fraud, bribery, kickbacks, price-gouging, and supply-chain practices all will receive heightened attention in the coming weeks and months. The nature and scale of the coronavirus outbreak means many industries not typically in the glare of federal prosecutors or state Attorneys General could be subject to criminal investigations. What many businesses may consider to […]
The Equal Employment Opportunity Commission has released technical guidance in addition to what was most recently released on April 9. Today, the EEOC added 10 questions and answers, several of which involve guidance on employees returning to work. We anticipate the EEOC will continue to periodically update this guidance. The full technical guidance can be found here. Several points of significance: D.5 & 6 Employers may ask for medical documentation. If an employee requests an accommodation for a medical condition, the employer may still ask questions of the employee or request medical documentation to determine whether the employee has a […]
One month after issuing “15 Days to Slow the Spread,” the first national coronavirus guidelines, President Donald J. Trump and the Federal coronavirus task force on Thursday issued “Guidelines for Opening America Again.” The Federal guidance is intended as direction to state Governors who must now make decisions on if and win to lift various lockdown and stay-at-home orders that have closed schools, shuttered businesses, and left many wondering what’s next? In Virginia, Governor Ralph Northam recently extended his Executive Order closing entertainment businesses and severely limiting other non-essential retail establishments until May 8, 2020. His “stay-at-home” order is in […]
Like businesses and families, government and elected leaders are also facing new challenges stemming from the coronavirus outbreak, including the all-important question: can meetings be held at all and if so, how should public meetings of governmental bodies be held? Fortunately, state law provides some guidance to local governments and other boards, commissions, and state agencies that need to meet. However, the law does include some limitations and restrictions that have necessitated pending legislative action that would significantly expand electronic meeting authority for all state and local governmental bodies. Under an amendment to the state budget proposed by Governor Ralph […]
The Equal Employment Opportunity Commission (“EEOC”), like other federal agencies, is releasing new guidance on a periodic basis to address issues arising during this pandemic. On April 9, the EEOC updated previously issued technical guidance adding twelve (12) new questions and the answers. The full technical guidance, including this recent update, which is in the form of Questions and Answers addresses issues that arise under the Americans with Disability Act (“ADA”) and the Rehabilitation Act of can be found here. Several points maybe of significance: A.2 Symptom Questions Permitted. Despite ADA limitation on medical inquires, employers are permitted to ask […]
VOSH has received more than 200 complaints related to coronavirus, specifically complaints of employers providing insufficient precautions or protections for workers. VOSH investigators are responding to these complaints by contacting employers and requesting a written response setting forth the steps taken to protect workers. Employers who fail or refuse to respond to a VOSH request can expect an onsite inspection. Remember, VOSH is also an employer, so it is taking reasonable steps to keep its investigators safe and healthy. Federal OSHA has a team investigating these complaints nationally. VOSH is currently investigating complaints remotely. We expect that VOSH investigators will […]
Employers across Virginia are concerned about protecting their employees from exposure to coronavirus infection and COVID-19 illness. Many are also asking what they can do to minimize their risk of facing a VOSH citation for failing to protect their employees from such exposure. Although there is no specific standard that OSHA has adopted concerning coronavirus exposure, failing to take reasonable steps to protect employees could be the basis of a “General Duty Clause” violation. At a minimum, employers should develop and implement infectious disease preparedness response plan that considers risks of exposure, and incorporates recommendations from sate local federal health […]
Social distancing has slowed the spread of the pandemic into many parts of Virginia, but the importance of maintaining both a safe workplace and positive employee morale remains a challenge. In anticipation of the day when an employee reports that he or she has tested positive for COVID-19, employers need to have a plan. Here are some suggested practical measures to be considered as part of your plan: 1. Continual Learning: Everyone is overwhelmed with the volume of information about different aspects of the pandemic, and sadly much of it is anecdotal or rumor and is unreliable. It is important […]
On April 10, 2020, OSHA issued a memorandum offering interim guidance to its safety and health officers for enforcing the requirements for the recording of occupational illness related to coronavirus. In this memorandum, OSHA confirmed that COVID-19 is a recordable illness under OSHA’s record keeping requirements. If an employee tests positive for coronavirus, it is a recordable illness if it is “work related” and it involves one or more of the general recording criteria (medical care beyond first aid, days away from work, etc.). Employers in healthcare industry, emergency response (emergency medical, firefighting, law enforcement) and correctional institutions must make […]
ROANOKE, Va. (April 13, 2020) – The Virginia law firm of Gentry Locke is pleased to announce that 20 of the firm’s attorneys were selected for inclusion in the 2020 Virginia Super Lawyers® lists. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in several legal practice areas including appellate law, business/corporate law, business litigation, construction litigation, criminal defense, employment law and litigation, health care, intellectual property, land use and zoning, personal injury, and professional liability. Seven of the 20 were elected Virginia Super Lawyers Rising Stars—attorneys who are 40 years old or younger, or in […]
Small businesses are jumping at the opportunity to obtain loans under the Federal Paycheck Protection Program (PPP). The CARES Act provides $349 Billion for PPP loans, and the Trump administration had requested an additional $250 Billion in funding to the support the program. As of April 7, lenders had already lent $70 Billion of the funds committed to the program. However, there was some initial confusion concerning which businesses qualify for PPP loans. Under the SBA’s initial guidance, there was confusion as to whether small businesses needed to have less than 500 employees and meet any applicable revenue caps to […]
On April 9, 2020, more than 500 contractors and 31,000 employees participated in a Safety Stand Down supported by the AGC of America. The purpose of the Safety Stand Down was to provide these employers the opportunity to focus upon the coronavirus related health and safety measures in work places and on jobsites. As Brain Turmail, a spokesman for the AGC of America put it “You need to appreciate that your ability to continue operating construction projects is dependent upon ensuring that you are protecting your workers and, through that, protecting the public from the spread of the coronavirus. There’s […]
On April 8, 2020, Director Robert Redfield announced at a White House press briefing that the CDC was modifying it previous Guidance in order to allow workers in Critical Infrastructure businesses who had been exposed to the coronavirus to return to work if they did not have symptoms of the illness. Prior guidance had been that any worker exposed to someone who tested positive for COVID-19 should self-quarantine for fourteen (14) days. The new Guidance can be found here, and the CDC has also issued a pdf summarizing this new approach for some workers. Director Redfield made clear this change […]
On April 6th and April 7th, the Department of Treasury and Small Business Administration issued additional guidance for the Paycheck Protection Program in the form of “Frequently Asked Questions.” Importantly, these FAQs provide additional clarity on some key terms, and in some respects depart from prior guidance issued by the Department of Treasury and SBA, returning more closely to the original text of the Paycheck Protection Program outlined in the CARES Act. Among the FAQs: The exclusion for employee compensation in excess of $100,000 applies only to cash compensation The exclusion in compensation in excess of $100,000 (annualized) applies only […]
The COVID-19 crisis has affected virtually every aspect of business throughout the world, and the insurance industry is no exception. Quarantines, government ordered shutdowns and restrictions, sick employees and sick customers are just a few of the occurrences that will lead business owners, sooner or later, to ask “Do I have coverage for that?” As is true virtually every other time that question is asked, the answer is, “It depends.” There are two primary factors that control the answer: (1) the specific facts of your particular situation and (2) the specific language of your policy. This renders the making of […]
Initial Guidance and Form Application published by Department of Treasury and the Small Business Administration Late on Tuesday, March 31, 2020, the Department of Treasury and the Small Business Administration issued initial guidance related to the Paycheck Protection Program. Included in this guidance is the form application for borrowers to use when applying for a covered loan under the Paycheck Protection Program. When can borrowers begin to apply for Paycheck Protection Program covered loans? The guidance from the Department of Treasury states that lenders participating in the Paycheck Protection Program will begin processing loan applications as soon as this Friday, […]
While Virginians are living under Governor Northam’s executive orders, staying home and limiting unnecessary contact with others, Virginia construction projects are proceeding. With the progress on these projects, deadlines for perfecting and enforcing mechanic’s liens remain. The question then arises whether the recent orders by the Supreme Court of Virginia affect the deadlines for perfecting and/or enforcing mechanic’s liens. Having reviewed these orders, we recommend that contractors, subcontractors, and material suppliers proceed to record and enforce their mechanic’s liens as normal. Better to be safe than to risk losing the benefit of a lien. As a bit of background, on […]
