While most commentary and handwringing has focused on the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking released on January 5, 2023, many are unaware of the FTC actions taken the day before. On January 4, 2023, the FTC announced the successful launch of what it calls an enforcement “crackdown” against noncompete agreements by heralding forced settlements with three (3) different companies that made regular use of noncompete agreements with a broad range of employees, and not just with low-wage or low-skilled workers.[1] Each of the FTC Complaints alleged the “unfair use of noncompetes in violation of Section 5 of […]
On January 5, 2023, the Federal Trade Commission (“FTC”) created a stir when it released a 218-page Notice of Proposed Rulemaking and a Proposed Rule that if implemented will prohibit the use of post-employment, noncompete provisions. The Proposed Rule extends to all workers, whether paid or not, and would require employers to rescind existing noncompete agreements within 180 days of publication of the Final Rule.[1] The FTC estimates that approximately 30 million workers are bound by a post-employment noncompete provision. Much has been said about the Proposed Rule, but these are several initial observations in advance of a webinar Gentry […]
RICHMOND, Va. (January 19, 2023) – The Virginia law firm Gentry Locke is pleased to announce that former federal prosecutor Melissa E. O’Boyle has joined the firm’s Criminal & Government Investigations practice group as a partner. “Melissa has established herself as a leading federal prosecutor in Virginia and is well-known in the Eastern District for her exceptional work on matters involving public corruption and financial fraud,” said Gentry Locke Managing Partner Brett Marston. “We are thrilled to welcome her to the firm and know that her experience in handling complex criminal cases and in leading investigations will make her an […]
From the Journal of Transportation Law, Logistics and Policy, Volume 89, Number 2 © Copyright 2023 ATLP
ROANOKE, Va. (January 9, 2023) – The Virginia law firm Gentry Locke is pleased to announce that Harrison E. Richards has joined the firm’s Roanoke office as an associate. “Harrison is an exceptional attorney with experience at the intersection of employment law and litigation, making him a tremendous addition to our team,” said Gentry Locke Managing Partner Brett Marston. “We are pleased to welcome him to the firm and know that his practice will enhance our capabilities in serving our clients.” Richards is a member of the firm’s Employment & Labor Practice Group. In this role, he will handle a […]
We all have bad days and even bad weeks, but waiting over a year to serve a defendant in a civil lawsuit in Virginia is just too long—and the rules agree. Rule 3:5(e) of the Rules of the Supreme Court of Virginia (the “Rules”) states that “[n]o order, judgment, or decree will be entered against a defendant who was served with process more than one year after the institution of the action against that defendant unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on that defendant.” When the Advisory Committee on […]
ROANOKE, Va. (January 5, 2023) – The Virginia law firm Gentry Locke is pleased to announce that attorneys David R. Berry, Charles L. Calton, D. Scott Foster Jr. and Alicha M. Grubb have been promoted to the partnership, effective January 1, 2023. “It is a testament to our firm culture to have such an exceptional group of young attorneys with a diverse set of skills that allow us to serve a wide range of clients,” said Gentry Locke Managing Partner Brett Marston. “We congratulate them on this accomplishment and look forward to their continued contributions to the firm and to […]
ROANOKE, Va. (January 4, 2023) – The Virginia law firm Gentry Locke is pleased to announce updates to its leadership in 2023. As part of its strategic plan for sustained growth and success, the firm has formed an executive board, effective January 1, 2023. Former Managing Partner Monica T. Monday will serve as chair of the executive board. K. Brett Marston has been named the new managing partner and will also serve on the executive board. Additional members of the executive board are Matthew W. Broughton, William Gust, and Gregory H. Habeeb. Monday served as managing partner from 2013-2022, and […]
ROANOKE, Va. (January 2, 2023) – The Virginia law firm Gentry Locke is pleased to welcome Jeffrey C. Southard to the firm’s statewide Construction Industry Contracting and Litigation group. Southard is a licensed Virginia attorney, who will also work with clients through Gentry Locke Consulting. He most recently served as the Executive Vice President of the Virginia Transportation Construction Alliance. “This is exciting news. Jeff is an excellent addition to Gentry Locke and to its growing construction contracting and litigation team across the Commonwealth. Jeff brings more than 20 years of experience in the transportation and construction industries. He has […]
A recent opinion by the United States Court of Appeals for the Eleventh Circuit highlights the importance of obtaining and including a borrower’s correct name in the Form UCC-1 to be filed in the Virginia State Corporation Commission and other jurisdictions with statutory provisions similar to that of Virginia. In the case of 1944 Beach Boulevard, LLC v. Live Oak Banking Company, 2022 U.S. App. LEXIS 27330, the Court found that the Uniform Commercial Code financing statements filed by Live Oak with the Florida Secretary of State was “seriously misleading” because Live Oak listing the Debtor’s Name as “1944 Beach […]
Three attorneys walk into a law firm… It’s not the start of some joke. It’s the beginning of big news for Gentry Locke, which recently welcomed three attorneys as partners whose vast experience in government and the corporate world will help clients navigate issues where the public and private sectors meet. Carlos L. Hopkins, the Virginia Secretary of Veterans and Defense Affairs under former Virginia governors Terry McAuliffe and Ralph Northam, and a legal counsel to McAuliffe; Noah P. Sullivan, also a former counsel to McAuliffe who previously worked in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP; […]
ROANOKE, Va. (December 8, 2022) – The Virginia law firm Gentry Locke is pleased to announce that Jared A. Tuck and Aidan C. Williams have joined the firm’s Roanoke office as associates. “We are pleased to welcome Jared and Aidan to the firm and are confident that they will provide valuable support to our team in continuing to provide exceptional service to our clients,” said Gentry Locke Managing Partner Monica T. Monday. Tuck is a member of the firm’s Plaintiff Practice Group and previously served as a summer associate with Gentry Locke. Tuck earned his J.D. from William & Mary […]
ROANOKE, Va. (December 1, 2022) – The Virginia law firm Gentry Locke is pleased to announce that 20 attorneys have been named to Virginia Business magazine’s 2022 Legal Elite list. The list is determined by peer votes and is divided into 20 specialties. The Gentry Locke attorneys recognized in the 2022 Legal Elite list and the areas in which they are recognized include: Thomas J. Bondurant, Jr. – Criminal Law William E. Callahan, Jr. – Bankruptcy/Creditors’ Rights, Administrative Government Christen C. Church – Intellectual Property/Information Technology Chip (John G.) Dicks – Legislative/Regulatory/Administrative Alicha M. Grubb – Young Lawyer and Administrative […]
ROANOKE, Va. (October 12, 2022) – The Virginia law firm Gentry Locke is pleased to announce that eight of the firm’s attorneys have been elected to serve in leadership roles in the Virginia State Bar and local bar associations. “We are proud of the dedication each of these attorneys has shown to serving the legal profession and upholding the highest standards of professionalism and know that their leadership capabilities will be a benefit to each of these organizations,” said Gentry Locke Managing Partner Monica T. Monday. Christen C. Church has been elected by the Roanoke Bar Association as president-elect for […]
Partner, Jon Puvak represents Red Brick Solar in their investment in Lunenburg County. The Conditional Use Permit (CUP) application and siting agreement were both approved recently. Click here to read more regarding new solar facilities coming to Virginia in this article by the Kenbridge Victoria Dispatch.
RICHMOND, Va. (October 7, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Hailey A. Wilkes as an associate in the firm’s Civil Defense Litigation group in Richmond. “Hailey’s background in insurance law and litigation allows her to provide valuable counsel to our clients and provide strategic insurance defense support to our team,” said Gentry Locke Managing Partner Monica T. Monday. Wilkes regularly works with clients and organizations in civil defense matters through all phases of state and federal litigation. She has experience counseling clients, interviewing witnesses, coordinating with experts and consultants, negotiating settlements, and corresponding with […]
The Virginia Administrative Process Act (“VAPA”) and Part 2A of the Rules of the Supreme Court of Virginia govern judicial review of determinations by certain administrative agencies in Virginia. A party appealing an agency decision under the VAPA must operate within these parameters, and the Court’s review of an agency decision is limited. In this context, the party contesting the agency decision bears the burden to “designate and demonstrate an error of law subject to review by the court.” Va. Code § 2.2-4027. Under the VAPA, an “error of law” contemplates a decision that is not: (1) in accordance with […]
RICHMOND, Va. (September 21, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Brittany L. Mountjoy as an associate in the firm’s Criminal & Government Investigations practice group in Richmond. “Brittany’s regulatory and government affairs experience paired with her commitment to client service makes her an exceptional addition to our team, and we are delighted to welcome her to the firm,” said Gentry Locke Managing Partner Monica T. Monday. Mountjoy regularly represents clients in both civil and criminal matters. She previously worked as a Deputy State Public Defender at the Colorado State Public Defender’s Office where she […]
RICHMOND, Va. (September 13, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Carlos L. Hopkins as a partner in the firm’s Government and Regulatory Affairs practice and the Criminal and Government Investigations practice in Richmond. Hopkins is the former Counsel to Governor McAuliffe and former Virginia Secretary of Veterans and Defense Affairs. “Carlos brings more than 25 years of experience in the military, government and civilian sectors, giving him a unique perspective into the legal, legislative and regulatory landscape in Virginia,” said Gentry Locke Managing Partner Monica T. Monday. “We are pleased to welcome Carlos to […]
By John G. Danyluk, Erin M. Harrigan and Andrew E. Hayhurst Timely cover story about the data privacy rules that take effect Jan. 1, 2023. Click the below cover to read the full article in the VBA Journal or click here.
Excerpt from Virginia Business Magazine, Virginia 500 – The 2022 Power List, Vol. 3, September 2022. Monday sits at the helm of a fast-growing Virginia law firm and heads the firm’s appellate practice. Gentry Locke doubled the size of its Richmond office in 2021, adding nine attorneys to expand its criminal and government investigations and renewable energy practices, moving it from the state’s ninth largest firm to the eighth. A William & Mary law graduate, she is a past chair of the Virginia Bar Association’s Appellate Practice Section Council and sits on the board of directors for the Harvest Foundation, […]
RICHMOND, Va. (August 29, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Lindsey Rhoten as an associate in the firm’s Real Estate, Land Use, and Zoning Group and the Environmental Group in Richmond. “Lindsey’s experience in real estate and zoning work and her background in environmental law make her an exceptional fit with our team and bolster their capabilities to counsel clients navigating land use issues,” said Gentry Locke Managing Partner Monica T. Monday. “We are pleased to welcome her to the firm and know that she will serve as an asset to our team in […]
Congratulations! You’ve decided to start a business or to be an entrepreneur. Or you’ve decided it is time to grow your business further. Now, if you can just raise the capital to give your business a go… Perhaps you tapped into your savings or nest egg. Maybe the business is generating enough revenue to get by. But eventually, you may need outside funding – whether from friends and family or from other investors. It could come in the form of debt or equity from private or institutional investors. Today, let’s focus on raising capital. Beware! Raising capital is fraught with […]
ROANOKE, Va. (August 18, 2022) – The Virginia law firm Gentry Locke is pleased to announce that 27 of the firm’s attorneys are included in the Best Lawyers® lists in 2023, including 22 attorneys recognized in the 2023 edition of The Best Lawyers in America® and five attorneys recognized in the 2023 edition of the Best Lawyers: Ones to Watch in America™ list. Of the 22 attorneys included in The Best Lawyers in America list, the following two attorneys were also recognized with a “Lawyer of the Year” award: Monica Taylor Monday received the Best Lawyers 2023 Appellate Practice “Lawyer […]
Per-and polyfluoroalkyl substances (collectively, “PFAS”) are a group of nearly 5,000 human-made chemicals that are resistant to heat, water and oil. Due to these “resistance” properties, since the 1940s, PFAS have been used in a broad spectrum of industrial applications and commercial products, including everyday household items and packaging. Some examples of PFAS usage include carpeting, waterproof clothing, upholstery, food paper wrappings, cookware, personal care products, fire-fighting foams, and metal plating. In the environment, PFAS rapidly move through groundwater. Thus, PFAS frequently are found in public and private water sources throughout the United States. Unfortunately, the same resistance to water, […]
ROANOKE, Va. (July 25, 2022) – The Virginia law firm Gentry Locke is pleased to welcome William S. Fussy as an associate in the firm’s General Commercial Practice Group in Roanoke. “We are pleased to welcome Will to our corporate and commercial practices,” said Gentry Locke Managing Partner Monica T. Monday. “Will brings an enthusiasm for helping clients that fits perfectly with our client-centered culture.” Will is a cum laude graduate of the Washington and Lee University School of Law, and received his B.S. from Hampden-Sydney College. During law school, he served as a research assistant and gained experience as […]
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.United States District Court for the Western District of Virginia, Charlottesville Division Our client, a heavy equipment dealer in Virginia, was sued by the equipment manufacturer’s former dealer. The former dealer alleged that our client had tortiously interfered with its dealer contract and had engaged in a business conspiracy with the manufacturer to cause the manufacturer to terminate the former dealer’s contract. We filed a Motion to Dismiss both claims arguing that, even assuming the truth of the allegations, the plaintiff failed to state viable claims against our client. Our client had merely been approached by the manufacturer with an […]
During the 2022 Session, the Virginia General Assembly passed SB 550, which, among other things, prohibits the application of contingent payment or condition precedent payment clauses (known as “pay-if-paid” clauses) under most circumstances. The bill also establishes prompt payment clauses for prime contracts and subcontracts on private projects, whereas, Virginia’s Prompt Payment Act was formerly applicable only to public projects. The final language of the bill included a delayed enactment clause so that the statutory changes in SB 550 will not take effect until January 1, 2023. This delay gives project owners, developers, design professionals, general contractors, and subcontractors the opportunity […]
The question regarding whether a worker is properly classified as an independent contractor or employee is fraught with controversy, legal risk and uncertainty. A recent case illustrates the issue in the trucking world. On June 30, 2022, the U.S. Supreme Court declined a petition for writ of certiorari filed by a group representing California’s trucking industry, California Trucking Association (“CTA”). CTA’s petition sought to challenge a California worker classification law that will have a devastating impact on the trucking and transportation industries. These industries are already in the midst of multiple, overlapping crises. The high court denied CTA’s petition challenging the […]
ROANOKE, Va. (July 11, 2022) – The Virginia law firm Gentry Locke is pleased to welcome John M. Scheib as a partner in its General Commercial Practice Group. He is the former Chief Legal Officer and a former senior executive of Norfolk Southern Corporation, and has extensive deal-making, legislative, regulatory, and business experience. Norfolk Southern is one of the nation’s premier rail transportation companies with $11.5 billion in revenues and operating approximately 19,500 route miles in 22 states and the District of Columbia. The company has approximately 27,000 employees. NYSE:NSC. “John is a leading business attorney with a nationwide reputation […]
It is the job of the Virginia legislature to make and change the laws of our Commonwealth. Sometimes, these new or changed laws are plastered all over the news. More often than not, new and changed laws are put into effect with little to no publicity. Nevertheless, there they are, ready to be used as a tool, or weapon, when the time presents itself. Despite the world’s reaction to COVID-19, the Virginia legislature was hard at work in 2020. Part of its work included amending an existing law concerning indemnification provisions in contracts with design professionals. Historically, indemnification provisions included […]
The Interstate 81 Advisory Committee will be meeting Thursday, July 7, 2022, at 1 p.m. in the Shenandoah Room of the Hotel Roanoke. The meeting will be open to the public, and members of the public will have the opportunity to submit questions in-person, or by phone (by dialing 617-675-4444, followed by the PIN 323 329 033 9157#). The meeting agenda and related documents will be available at http://improve81.org/advisory-committee-and-meetings/advisory-committee/default.asp. The I-81 Advisory Committee provides advice and recommendations to the Commonwealth Transportation Board (CTB) regarding the development of the I-81 Corridor Improvement Program and the allocation of the $2 billion of […]
Last Friday, June 17th, Dean Spencer was presented with the 2022 William R. Rakes Leadership in Education Award at the Virginia Bar Association Meeting in Virginia Beach. Dean Spencer actually presented Bill Rakes the inaugural Rakes award in 2012. This year, ten years later, Bill had the pleasure of returning the honor. The Rakes award recognizes an individual who has demonstrated exceptional leadership and vision in developing and implementing innovative concepts to improve and enhance the state of legal education, and in advancing relationships and professionalism among members of the academy, the bench, and the bar within the legal profession in Virginia. Read more […]
Gentry Locke partner Todd Leeson has been named a “Go-To Lawyer” in Employment Law by Virginia Lawyers Weekly. The “Go-To Lawyers” recognition program identifies the top lawyers in their practice across the Commonwealth. A “Go-To Lawyer” is so named because they are considered leaders in his or her field, they have enjoyed a record of success throughout their career, and they are the first person that comes to mind from referring attorneys and others in the legal profession. Todd Leeson oversees Gentry Locke’s employment practice – a group known for giving candid, realistic assessments and providing creative solutions. Clients rely […]
In one of the more significant Virginia administrative law decisions in recent years, the Supreme Court of Virginia held that the “harmless error” standard does not apply to most issues in administrative appeals, restricting the standard only to procedural defects. The decision in Chesapeake Hospital Auth., d/b/a Chesapeake Regional Medical Center v. State Health Commissioner, et al., Record No. 201510 (Va. May 19, 2022) sweeps broadly, impacting judicial review of all agency decisions subject to the Virginia Administrative Process Act (“VAPA”). The result is likely more delay, more uncertainty, and more litigation in regulatory matters, increasing regulatory risk for clients—particularly […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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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 […]
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 […]
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 […]
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 […]
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 […]
