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Gentry Locke Marks One Year in Richmond with Continued Expansion

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RICHMOND, Va. (November 7, 2019) – The Virginia law firm of Gentry Locke is marking the first anniversary of its Richmond office with continued growth, including additional physical space, the expansion of its Government and Regulatory Affairs practice with the addition of Government Affairs Director Matthew S. Moran, and the hiring of litigation Associate Jeffrey P. Miller, and former Williamsburg Vice-Mayor and commercial Associate Daniel Scott Foster, Jr.

Gentry Locke’s Richmond office now includes a dozen full-time employees and the firm recently doubled its physical space and occupies nearly half of the 11th floor in the SunTrust building. The firm expects additional hires for the Richmond office.

“We could not be more excited about the success of Gentry Locke’s Richmond office,” said Gentry Locke Managing Partner Monica Monday. “As we pass our first anniversary, we look forward to continued growth to help meet the needs of our clients.”

With the opening of the firm’s Richmond office in the fourth quarter of 2018, it launched its Government and Regulatory Affairs practice with Partners Gregory D. Habeeb and John G. “Chip” Dicks, both of whom are former members of the Virginia House of Delegates. Moran’s arrival and background in government will dramatically increase the firm’s ability to help clients navigate the changing political landscape in Virginia.

“Gentry Locke is now the only firm than can offer clients the capabilities of two former legislators, one Democrat and one Republican, a senior legislative and political staffer, and a former elected local government official,” said Monday. “Matt’s tremendous experience in state policy and strategic communications will be a great asset to our clients and Scott’s experience in local government will be key to supporting our clients’ needs at the local level.”

Moran most recently served as Chief of Staff to Virginia House of Delegates Speaker Kirk Cox. He also served as a top adviser to House Speaker Bill Howell, and worked for Congressman Morgan Griffith and 2017 gubernatorial candidate Ed Gillespie. Since 2011, Moran has worked on numerous state and federal political campaigns, and since 2013 he has worked on nearly every major policy initiative in the Virginia General Assembly. At Gentry Locke, Moran will provide strategic communications guidance to clients who need a comprehensive strategy to support their legal and policy goals. Moran earned his B.A. in government from the University of Virginia.

Miller will join the firm’s Litigation practice group with a focus on insurance defense, business disputes, brain injury litigation, products liability, consumer law, construction law, and appellate. He has tried dozens of General District Court cases to verdict, tried multiple Circuit Court trials to jury verdict as second-chair, and assisted with multi-day federal jury trial that settled just before giving the case to the jury. He also won dismissal of million-dollar premises lawsuit on a pre-discovery motion to dismiss. Miller is a graduate of the University of Richmond School of Law and Regis University.

Foster will join the firm’s General Commercial practice focusing on land use, outdoor advertising and representing businesses in general corporate matters. He will also work with the Government and Regulatory Affairs practice on matters related to local government. In 2010, as a student at William & Mary, Foster was the first college student to be elected to Williamsburg City Council. During his time on city council, Foster worked to redevelop the downtown area and improve the relationship between William & Mary and the City of Williamsburg, and was instrumental in adopting the progressive 2013 City of Williamsburg Comprehensive Plan. Foster earned both his undergraduate degree and his J.D. from William & Mary.

“With the leadership of Greg and Chip we have been proud to provide high quality service to clients. But the addition of Matt, Jeff and Scott takes our offering to the next level as we ensure our clients are positioned to navigate the wide ranging changes expected out of the capitol,” Monday added.

About Gentry Locke

With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg, and Richmond, Virginia, Gentry Locke serves clients in Virginia and across the United States. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring www.gentrylocke.com.

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Gentry Locke Earns U.S. News – Best Lawyers® ‘Best Law Firms’ Honors in 27 Practice Areas

FOR IMMEDIATE RELEASE ROANOKE, Va. (November 1, 2019) – The Virginia law firm of Gentry Locke is pleased to announce its inclusion in the 2020 “Best Law Firms” rankings published by U.S. News & World Report and Best Lawyers®. The firm secured rankings in 27 practice areas, including 18 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 • […]

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Gentry Locke Partners John G. “Chip” Dicks and Catherine J. Huff Recognized at Virginia Lawyers Weekly’s “Leaders in the Law”

The Virginia law firm of Gentry Locke is pleased to announce that Partners John G. “Chip” Dicks and Catherine J. Huff were recognized at Virginia Lawyers Weekly’s “Leaders in the Law” program in Richmond on October 22, 2019. Several Gentry Locke Attorneys attended the event in support. At the program, lawyers and law-related professionals from across the state were honored for their significant accomplishments and achievements. John G. “Chip” Dicks was announced as an honoree in the Class of 2019 “Leaders in Law” and Catherine J. Huff was announced as a member of the “Up & Coming Lawyers” Class of […]

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Gentry Locke Partner and VPLC Board President Kathy Wright Presents at 2019 Annual Statewide Legal Aid Conference

Congratulations to Gentry Locke Partner Kathy Wright, President of the Board of the Virginia Poverty Law Center, who played a leading role in last week’s 2019 Annual Statewide Legal Aid Conference.  The VPLC is a non-profit that leads and coordinates efforts to seek justice in civil legal matters for lower income Virginians. The event was attended by over 350 lawyers, bar leaders, and individuals whose work is associated with the legal aid community.  Thank you Kathy for your work at Gentry Locke and across the state on access to justice and pro bono issues! About Gentry Locke With more than […]

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Gentry Locke Partner Nick Leitch Voted Into the American Board of Trial Advocates

The Virginia law firm of Gentry Locke is pleased to announce that Partner Nick Leitch was voted into the American Board of Trial Advocates on October 12, 2019. ABOTA is a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the civil jury trial right. The association’s mission is “to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be benefited by more efficient administration of justice consistent with time-tested and traditional principles […]

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The Interplay Between FMLA, ADA, & WC

On October 17, 2019, Gentry Locke Employment Law Partners Paul Klockenbrink and Catherine Huff co-presented at a Lynchburg Regional SHRM seminar. Their program focused on navigating the interplay of workers compensation, FMLA, and the ADA. Topics included extended leaves of absence, mental heath issues, intermittent leave, and the limits of reasonable accommodations. Klockenbrink and Huff explored real life examples to take an in depth look at these laws and provide practical solutions to these difficult issues faced by Human Resources and management.

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Wildlife Foundation of Virginia Finishes Cool Springs Cabin for Wounded Veterans

A beautiful, new ADA-compliant cabin now stands at Fulfillment Farms, a Wildlife Foundation of Virginia (WFV) property located near Charlottesville. This cabin allows handicapped veterans the ability to stay overnight for extended hunting and fishing trips. The construction was made possible in part by Gentry Locke’s fundraising of over $55,000. The WFV built the Cool Springs Cabin with particular attention to accessibility and comfort. At the dedication ceremony on the 1900-acre farm, Gentry Locke was given special recognition as the largest cash contributor to the construction project. Hunters, hikers, and outdoor enthusiasts of all abilities will now be able to […]

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Non-Competition Issues and Strategies

On September 25, 2019, Gentry Locke Employment Law Partner Paul Klockenbrink co-presented at ALFA International’s Labor & Employment Regional Seminar. The panel, which included two other ALFA firm attorneys, covered non-compete agreements. These agreements have been under attack by a number of Courts and Legislatures in recent times. The panel discussed current judicial and legislative trends with non-competes, and offered insights and strategies to ensure the enforceability of these provisions in light of those trends.

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New Overtime Rules Effective January 1, 2020

The long-anticipated “Final Rule” setting the salary thresholds employers are required to pay in order to satisfy the “salaried basis” requirement for the “white collar” exemptions was released by the US Department of Labor (“DOL”) on September 24, 2019. It will become effective on January 1, 2020. After receiving more than 116,000 comments, the DOL set the new minimum salary requirement at $684/week (or $35,568 annually).  No changes were made in the “duties” tests that a salaried employee must meet to be exempt. Significantly, the DOL declined to adopt the automatic adjustment in the base salary requirement originally proposed during […]

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Gentry Locke’s David Paxton Helps Secure Jury Verdict in Favor of Multinational Corporation

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

Roanoke Federal Court Gentry Locke partner, David Paxton, in connection with Alabama attorneys Tony Davis, Trey Wells, and Ben Presley, secured a jury verdict in favor of a multinational corporation against one of the three largest railroad companies in the United States. The dispute involved a long-term contract for rail transportation. The railroad claimed that it was owed over $40 million, in addition to the more than $35 million it had already been paid under the contract, so we filed an action for a declaratory judgement and equitable relief.  After a six day trial in Roanoke Federal Court, the jury […]

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Roanoke Innovation Corridor is primed for growth

Roanoke is a community that values and supports a culture of innovation and entrepreneurship. It is a Blue Ridge Mountain city with a wide variety of people and institutions working together collaboratively to foster opportunity in a multitude of fields. Roanoke Innovates is a partnership highlighting this collaborative effort, bringing together the academics, entrepreneurs, researchers, investors and developers that power the Roanoke Innovation Corridor. “Virginia Tech is doing amazing things, VTC, the Fralin Biomedical Institute, there’s so much incredible work going on and this is a way to sort of harness all of that and show to the larger world, […]

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Gentry Locke Welcomes New Roanoke Partner William “Bill” Edward Callahan, Jr.

ROANOKE, Va. (September 4, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that William “Bill” Edward Callahan, Jr. has joined the Roanoke office as a partner in the Business Litigation group.“We are very happy to welcome Bill to our Roanoke office,” said Gentry Locke Managing Partner Monica Monday. “Bill is a distinguished and talented litigator. His experience with complex bankruptcy and creditors’ rights’ matters adds bench strength and depth to the services we provide to our business clients. Bill’s practice primarily involves bankruptcy and creditors’ rights work for clients in various industries, including the financial services sector. […]

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21 Gentry Locke Attorneys Recognized in The Best Lawyers in America

ROANOKE, Va. (August 15, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that 21 of the firm’s attorneys were recognized in The Best Lawyers in America® 2020, 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, Monica T. Monday (Appellate Practice), W. William Gust (Benefits (ERISA) Law), and W. David Paxton (Employment […]

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Reduction of Commercial Vehicle Citations

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 Defense In August of 2019, Gentry Locke attorneys successfully resolved two commercial vehicle overweight citations by the Department of Motor Vehicles (DMV) for two different clients operating trucks on state highways. Both of the citations were in excess of $13,000. After developing legal strategies for defending the citations, each of the cases was negotiated for reductions in the amount of the citations — over ninety percent in one case, and over seventy percent in the other, thereby saving the clients significant expense. If you need assistance in a matter involving the DMV, especially commercial overweight vehicle […]

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Interstate 81 Developments, Impacts, and Updates

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 […]

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Gentry Locke’s Jonathan Puvak elected to the Roanoke Bar Association’s Board of Directors

ROANOKE, Va. (July 5, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Partner Jonathan Puvak has been elected to serve a three-year term on the Roanoke Bar Association’s Board of Directors.  Jon assists businesses, business owners, lenders, and governmental entities with corporate matters, commercial transactions, employee benefits, tax, and real estate matters. Before attending law school, Jon gained corporate and real estate development experience by working with NVR Inc., one of the nation’s largest homebuilders. He earned his B.A. from Bridgewater College and his J.D. from the College of William and Mary, Marshall-Wythe School […]

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Gentry Locke’s Charles (Trey) Smith named President of Ted Dalton American Inn of Court

ROANOKE, Va. (July 2, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Partner Charles (Trey) H. Smith, III has been named president of the Ted Dalton American Inn of Court. The Inn of Court serves to improve the skills, professionalism and ethics of the bar, and to foster greater interaction between the bench and bar. The Ted Dalton American Inn of Court consists of members from the cities of Roanoke and Salem, the counties of Bedford, Botetourt, Franklin and Montgomery, and the Washington & Lee University Law School. Trey focuses his practice on the representation of plaintiffs in personal injury and […]

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S.D. Roberts Moore Named to Virginia Lawyers Hall of Fame

ROANOKE, Va. (May 22, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that retired Senior Counsel S.D. Roberts Moore has been selected as a member of the Class of 2019 Virginia Lawyers Hall of Fame, a Virginia Lawyers Weekly award designed to recognize Virginia’s most significant senior lawyers. Roberts was formally recognized at the Hall of Fame event on May 21. “This recognition is the capstone of a remarkable legal career,” said Gentry Locke Managing Partner Monica Taylor Monday. “Roberts exemplifies the best of what it means to be a Virginia lawyer, adhering to the highest levels of professionalism, ethics, […]

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Gentry Locke Awarded The Roanoker’s “Best of Roanoke” Best Law Firm for Third Consecutive Year

ROANOKE, Va. (May 10, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that it has been awarded “Best Law Firm – Platinum” in The Roanoker magazine’s 2019 “Best of Roanoke” reader poll. The platinum award is the highest honor bestowed in a category. Gentry Locke was also named “Best Law Firm – Platinum” in the 2017 and 2018 editions of “Best of Roanoke.” The Roanoker’s “Best of Roanoke” poll tabulates reader votes in the designated categories to determine a silver, gold and platinum winner. The 2019 “Best of” issue, which marks the 33rd annual poll, […]

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Gentry Locke, Managing Partner Monica Monday, and Partner Ashley Winsky Recognized by Chambers USA

ROANOKE, Va. (May 9, 2019) – The Virginia law firm of Gentry Locke is pleased to announce its recognition as a leading Virginia firm for commercial litigation by Chambers USA 2019: America’s Leading Lawyers for Business, a prestigious annual ranking of law firms and attorneys. The complete 2019 Chambers USA guide is available here. Chambers USA recognized Gentry Locke Managing Partner Monica Monday as a notable Virginia litigator. Her peers described Monday as the “top appellate lawyer in Virginia.” Chambers further noted that Monday is a “go-to lawyer with extensive experience in appellate court cases, her practice covers business, healthcare and personal injury disputes.” […]

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Gentry Locke wins Large Office category in Feeding America Southwest Virginia’s 2019 “Legal Food Frenzy”

Feeding America Southwest Virginia recently wrapped up its participation in the 13th annual statewide “Legal Food Frenzy.” Fifteen local law offices and organizations joined in the friendly competition, hosting a variety of creative activities designed to raise food and funds for the local food bank. Gentry Locke won the Large Office (25+ employees) category, raising the equivalent of 253 lbs. of food per employee. Attorneys Charlie Calton, Kirk Sosebee, Lauren Coleman, Alicha Grubb, Court Shipman, Dave Berry, and Ben Law worked to ensure the competition between Gentry Locke floors and office locations was lively and engaging. They were ably assisted by some […]

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Gentry Locke names annual “Pro Bono Promise Award” recipient

ROANOKE, Va. (May 8, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Partner Travis J. Graham has been named the recipient of the firm’s 2018 Pro Bono Promise Award. The award recognizes pro bono work that exceeds the 2% yearly aspirational goal set by the Supreme Court of Virginia, either quantitatively or qualitatively. Travis logged more than 200 hours of pro bono time in 2018. “This is important work, and we thank Travis for his time and unwavering commitment to serving those within our community,” said Gentry Locke Managing Partner Monica Taylor Monday. In addition […]

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Gentry Locke Among Virginia’s 2019 Largest Law Firms in Virginia Lawyers Weekly

ROANOKE, Va. (May 3, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that it has been named to the 2019 list of “Virginia’s Largest Law Firms” by Virginia Lawyers Weekly. With 58 lawyers, Gentry Locke remained 15th on the list. The full list can be found here.  The largest law firm list is an annual survey based on the number of Virginia-licensed lawyers practicing from an office in Virginia. Law firms were contacted throughout the winter to update their information from the 2018 survey. About Gentry Locke With more than 55 lawyers practicing across a range […]

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Construction Contract Documents: AGCVA Supervisory Training Program

On May 7, 2019, Gentry Locke Partner Spencer Wiegard co-presented a full day of training for members of the Associated General Contractors of Virginia (AGCVA) at the association’s Glen Allen, Virginia headquarters. Spencer was joined by David W. Spriggs, PE, who is Principal and Structural Engineering Division Manager for Draper Aden Associates. The full day of training will continue when they return to present on May 21, 2019.

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Partner Brett Marston to serve second term on Virginia State Bar Council

ROANOKE, Va. (April 29, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Partner K. Brett Marston will serve a second three-year term on the Virginia State Bar Council. “We congratulate Brett on his second term on the Council and commend him for his ongoing leadership of the Virginia State Bar,” said Gentry Locke Managing Partner Monica Taylor Monday. The Council is an 81-person body consisting of 65 lawyers elected throughout the Commonwealth, as well as nine at-large members appointed by the Supreme Court of Virginia, four conference chairs, and three officers. Lawyers elect their Council […]

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Gentry Locke announces 2019 Management Committee

ROANOKE, Va. (April 25, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that the following individuals have been selected to serve on the firm’s Management Committee for 2019: Managing Partner Monica T. Monday Partner Matthew W. Broughton Partner William Gust Partner Guy M. Harbert Partner Brett Marston Partner Maxwell H. Wiegard Gentry Locke’s Management Committee is led by Monica Taylor Monday. The Committee oversees all firm operations and strategies, including decisions involving organizational structure, budget, business development, recruiting and more. About Gentry Locke With more than 55 lawyers practicing across a range of disciplines, Gentry Locke […]

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Partner Maxwell H. Wiegard recognized for service in Virginia Bar Association resolution

ROANOKE, Va. (May 1, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that The Virginia Bar Association (VBA) Real Estate Section Council has recognized firm Partner Maxwell H. Wiegard for his two-year term as Section Chair. The Council unanimously passed and published a resolution honoring Max in the February issue of the section’s monthly newsletter, VBA Real. The resolution states that: … during his Chairmanship, Max has conducted the meetings of the Council of the Real Estate Section with efficiency and purpose, and has nurtured an open forum for Council members to voice their opinions […]

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Presentation on School Modernization Legislation Passed by the 2019 General Assembly

On April 10, 2019 Gentry Locke Partner Chip Dicks presented information to attendees of the Tom Tom Conference on using solar energy and the creativity of the private sector to enable localities to better address public school building needs. Below are Chip’s comments. Delegate Nick Rush and Senator Bill Stanley sponsored transformative legislation to create a new paradigm for building public schools and facilities, using solar energy and the creativity of the private sector. The private sector has come forward with a tool in the toolbox for localities to help address public school building needs. The private sector has showed […]

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25 Gentry Locke attorneys named 2019 Virginia Super Lawyers or Rising Stars

ROANOKE, Va. (April 10, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that 26 of the firm’s attorneys were selected for inclusion in the 2019 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, land use and zoning, mergers and acquisitions, personal injury, professional liability, and tax law. Seven of the 26 were elected Virginia Super Lawyers Rising Stars—attorneys who are 40 years old or younger, or […]

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Gentry Locke Announces $112.5 Million Settlement in Landmark FCA case against Duke University

March 25, 2019 The law firms of: Gentry Locke, P.O. Box 40013, Roanoke, Virginia, 24022; Attn. Matt Broughton, Esq., 540-520-8510; Broughton@gentrylocke.com; Healy Hafemann Magee & Thomas, P.O. Box 8877, Roanoke, Virginia, 24014; Attn. John R. Thomas, Esq., 540-759-1660; jt@hhm.law; and Brooks Pierce, P.O. Box 26000, Greensboro, N.C., 27420; Attn. D.J. O’Brien, Esq., 336-271-3194; Dobrien@brookspierce.com, are pleased to announce a settlement in the landmark False Claims Act case of : United States ex rel. Thomas v. Duke University, Case No.: 1:17-cv-276-CCE-JLW, United States District Court for the Middle District of North Carolina. On Monday, March 25, 2019, Mr. Thomas, Duke and […]

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Gentry Locke personal injury team earns $2.1M settlement in death cases

ROANOKE, Va. (April 2, 2019) – Gentry Locke attorneys Gregory D. Habeeb, Andrew D. Finnicum, and Travis J. Graham recently obtained a $2.1 million settlement in a commercial vehicle crash that took the lives of two siblings in Scott County, Virginia. Gentry Locke represented the estates of Regina Spivey, 39, and Doug Clark, 47. The victims were killed instantly in a March 2017 crash involving their vehicle and a Kingsport Heating and Air Conditioning van driven by Robert S. Taylor, who entered an Alford plea to two counts of DUI involuntary manslaughter last summer. Kingsport Heating and Air Conditioning, a […]

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Tips Not Subject to Garnishment

What seemed like a small garnishment matter in Roanoke City General District Court could have had drastic implications to Virginia’s restaurant industry, but Gentry Locke was able to successfully defend a national restaurant chain from having to garnish its employee’s tips. The facts started out in a typical fashion: the Restaurant received a garnishment summons for one of its tipped employees and responded to the summons, indicating that the employee did not earn enough wages to be garnished. As is the required minimum, and standard in Virginia, the tipped employee made $2.13/hour, well below the statutory limits on garnishment. The […]

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Managing Partner Monica Monday named VBA Appellate Practice Section Chair

ROANOKE, Va. (March 30, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Managing Partner Monica Taylor Monday has been named chair of The Virginia Bar Association’s (VBA) Appellate Practice Section. Monica’s two-year term commenced in January 2019. The VBA’s Appellate Practice Section is one of 19 sections established to connect practitioners in specific areas of law. The Appellate Practice Section sponsors CLE programs designed to improve the level of appellate advocacy in the Commonwealth, and compiles On Appeal, a newsletter containing matters of interest to lawyers who practice in the appellate courts. The Section also considers […]

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Virginia Workers’ Compensation Fee Schedule: Prompt Payment Traps for the Unwary

Virginia law regarding prompt payment under the Fee Schedule seems simple enough. In essence, the workers’ compensation carrier/employer has 45 days after receipt of a medical bill itemization to: Contest the bill; Deny the bill; Notify the healthcare provider that the bill is considered incomplete. If the employer/carrier does not contest, deny, or consider the bill incomplete, it must pay the healthcare provider in full within 60 days after receipt of the medical bill itemization. (§65.2-601(A) and (B)). In those instances where the employer/carrier issues a notification to the healthcare provider, then notification must include the following information: “The reasons […]

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Show Me the Money: Recent Developments Concerning Attorneys’ Fees in Virginia & Practical Tips

This article, co-authored by Kirk M. Sosebee and Alicha M. Grubb, appeared in the Spring 2019 issue of the VBA Journal. Click here to read the formatted publication version in PDF. Attorneys’ Fees in Virginia Attorneys’ fees are a topic near and dear to lawyers’ hearts. After all, what could be more important than getting paid for the work we do? And what could be better than forcing the other party to pay our fees? In construction cases, as in all litigation, attorneys should keep the prospect of attorneys’ fees in mind, and should pay close attention to recent developments […]

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City of Roanoke Prevails; Railroad Must Pay Stormwater Management Fee

On February 15, 2019, the Fourth Circuit Court of Appeals held that the City of Roanoke’s Stormwater Management Utility charge was a regulatory fee and not a tax. The Court, therefore, affirmed the dismissal of Norfolk Southern’s Complaint asserting that the City’s Stormwater Management Utility charge was a tax that discriminated against railroads in violation of federal law. The decision forecloses federal court challenges to local government charges for stormwater management services as unlawful discrimination against railroads. The Court’s decision included three separate opinions; each of the three judges on the panel wrote an opinion. The opinion joined by all […]

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Gentry Locke welcomes new Richmond Partner Ashley W. Winsky

ROANOKE, Va. (March 8, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Ashley W. Winsky has joined the Richmond office as a partner in the Transportation, Insurance, Plaintiff Personal Injury, and Civil Litigation practices. Ashley will expand the Richmond office’s already significant litigation practice. “We are happy to welcome Ashley to our Richmond office,” said Gentry Locke Managing Partner Monica T. Monday. “Ashley is an experienced litigator. With her contagious energy and knowledge of the trucking industry, she is a wonderful addition to our growing presence in Richmond.” Ashley brings nearly a decade of experience in […]

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HR March Madness: 2019 Employment Law Symposium

Master the brackets and score for your company by attending our 2019 Employment Law Symposium. It’s March Madness, HR style! Gentry Locke’s Employment Law attorneys will help you fill out your employment law brackets so you can successfully advance and WIN for your company. Register now to get a courtside seat for this full day of action! Professional Credits: As a SHRM Recertification Provider, Gentry Locke is recognized by SHRM to offer 5.5 hours of Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM for this day of programming. Additionally, this activity has met HR Certification Institute’s® (HRCI®) criteria for […]

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$625,000 Awarded for Lingual Nerve Perforated During Wisdom Tooth Extraction

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 Augusta County Circuit Court The Defendant, an oral surgeon, removed our client’s wisdom teeth when she was 12 years of age. During that surgery, the Defendant completely severed the left lingual nerve and perforated the lingual plate. This has caused numbness, hypersensitivity, discomfort, and pain to the left side of our client’s mouth that she will suffer until the day she dies. The Defendant refused to accept responsibility for her surgical negligence, so we proceeded to trial to hold the Defendant accountable and prevent this from happening to another person. An Augusta County jury unanimously […]

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Department of Labor Eliminates 80/20 Rule for Tipped Employees

Things just got a little easier for employers with tipped employees. Under previous U.S. Department of Labor rules dating back to the late 1980s, employers who used a tip credit to pay less than the federal minimum wage of $7.25 had to carefully track time employees spent performing side duties. If that time exceeded 20 percent of the employee’s hours, those duties might be considered a dual job requiring full minimum wage rather than the $2.13 an hour for tipped employees. (Employers always have to ensure that tipped employees earn enough tips to make at least minimum wage, or make […]

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AIA’s Standardized Construction Contracts: 2017 Updates Now In Effect

For more than 130 years, the American Institute of Architects (AIA) has offered a set of standardized contracts for architects, contractors, building construction owners and developers that have become the most widely used agreements for commercial construction projects. Every ten years, AIA updates the contracts and, after about 18 months, phases out the previous versions. The latest updates to the most highly used sets of contracts were released in 2017, with the 2007 contracts no longer available online after Oct. 31, 2018. Properly drawn construction contracts are vital to ensure that major projects can overcome issues or conflicts that arise […]

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Restaurant chain not required to garnish employee tips

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 Defense Roanoke City General District Court Our client, a national restaurant chain, was sued by a creditor seeking garnishment of an employee’s wages to satisfy the employee’s debt. When a creditor receives a judgment against a person, the creditor will send a garnishment summons to the employer, resulting in the employer paying a portion of the employee’s wages to the court. In this case, the Restaurant did not have to pay any of the employee’s wages into the court because under the garnishment statute, the employee did not make enough money. The creditor then tried to include tips […]

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Partner Brett Marston inducted into Virginia Law Foundation Fellows Class of 2019

ROANOKE, Va. (January 29, 2019) – Gentry Locke is pleased to announce that Roanoke Partner K. Brett Marston has been inducted into the Virginia Law Foundation Fellows Class of 2019. Inductees were formally honored at the Virginia Law Foundation’s annual dinner on January 24. The Fellows of the Virginia Law Foundation are recognized as leaders in the profession, both in their practices and in their communities. They comprise a group of nearly 500 of the best and brightest legal practitioners who are committed to the highest ideals of the law and to the concept of citizen lawyer. Fellows are nominated […]

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Moderator, Recent Construction Court Cases Panel Discussion

Gentry Locke Partner Herschel Keller moderated a panel of presenters for attendees of the Associated General Contractors (AGC) of Virginia’s 2019 Annual Convention. The convention took place at the Greenbrier in White Sulphur Springs. Herschel is a past president of the Central District Committee for the AGC of Virginia, and services clients in our Lynchburg and Richmond offices.

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Supreme Court of the United States denies certiorari in Berkley, et al. v. FERC, et al

FOR IMMEDIATE RELEASE Roanoke, Va. (January 22, 2019) – Today, the Supreme Court of the United States denied certiorari in Berkley, et al. v. FERC, et al. While Landowners are disappointed that the Court did not take the case, it is important to remember two things: First, the denial of certiorari does not mean the Court necessarily agrees with the decision of the lower court. It simply means the Supreme Court will not address this particular issue at this particular time. Second, the Court receives thousands of petitions every year and it is therefore extremely rare for the Court to […]

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Gentry Locke attorney Christopher M. Kozlowski elevated to Partner

ROANOKE, Va. (January 4, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Roanoke office attorney Christopher M. Kozlowski has been promoted to the position of Partner, effective January 1, 2019. “I am so pleased to welcome Chris to firm partnership. He is an integral member of the Gentry Locke team, and has successfully handled many important and high-profile matters for our clients,” said Gentry Locke Managing Partner Monica T. Monday. “We are proud of his accomplishments and grateful for his firm leadership, dedication and talents. This promotion is well deserved!” Chris practices on the firm’s General […]

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Gentry Locke Executive Director Frank Pittard named a Virginia Lawyers Weekly “Unsung Legal Hero”

ROANOKE, Va. (January 4, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Executive Director Frank Pittard has been selected as one of Virginia Lawyers Weekly’s 2018 Unsung Legal Heroes. The award recognizes talented and dedicated legal support professionals who consistently go above and beyond the call of duty, often behind the scenes. Frank was named a “Hero” in the Firm Administrator category. Other categories included: Human Resources Professional, IT/Operations, Law Librarian, Legal Marketing Professional, Legal Secretary, Receptionist and Paralegal. “Frank has made us very proud. He is a crucial component of the firm’s ongoing […]

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