On March 9, 2023, Virginia Governor Glenn Younkin signed into law legislation (SB1213/HB2180) that directed the Department of Professional and Occupational Regulation (DPOR) to create Universal Licensing Recognition (ULR) for 85 occupations, including construction trades. ULR applies to all individual licenses regulated by DPOR, except architects, engineers, land surveyors, and landscape architects. ULR does not apply to contractor licenses. ULR does not mean that Virginia will automatically recognize an out of state individual’s license. The out of state individual must apply for a Virginia license before the person commences work in Virginia. DPOR boards will grant licenses to out-of-state applicants […]
VDOT will be holding a design public hearing on September 19 from 5 p.m. to 7 p.m. at Lord Botetourt High School (located at 1435 Roanoke Road, Daleville), on an upcoming project to widen I-81 from two to three lanes in both directions along a seven-mile stretch between Exit 143 in Roanoke County and Exit 150 in Botetourt County. The hearing will be an open house format, and VDOT representatives will be present to answer questions. The project is expected to include: The replacement of eight bridges on I-81 The installation of approximately 8,500 feet of sound barrier along the […]
The Surface Transportation Board (“STB”) issued a Notice of Proposed Rulemaking (“NPRM”) in a new sub docket of Ex Parte 711 (Sub. No. 2), regarding open access a.k.a. competitive switching rules. Comments on the proposal are due October 23, 2023; Reply comments are due November 21, 2023. The summary below provides some high-level points, but the decision is lengthy, highly detailed, and subject to further analysis (particularly with respect to the detailed discussion of performance standards). This decision closes Docket No. EP 711 (Sub-No. 1) and proposes, in a new subdocket, a new set of regulations that would provide for […]
Excerpt from Virginia Business Magazine, Virginia 500 – The 2023 Power List, Vol. 4, September 2023. On Jan. 1, Monday became chair of the Gentry Locke Executive Board, which the firm formed this year. She previously served as the firm’s managing partner for 10 years, and K. Brett Marston succeeded her as the firm’s managing partner. The William & Mary undergraduate and law school alumna also heads the firm’s appellate practice. Before joining Gentry Locke, Monday clerked for Virginia Supreme Court Senior Justice Lawrence L. Koontz Jr. when he was chief judge of the Court of Appeals of Virginia. Monday […]
By Matthew W. Broughton, Jared A. Tuck, and Summer Associate Joshua R. Justus It can be easy to ignore the worst case scenario until it actually happens, and when it does, you don’t want to be left wondering what you could have done differently. Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) act like a safety net for you and your family if you are involved in a collision with a motorist who either: doesn’t have any motor vehicle insurance or doesn’t have enough insurance to cover your damages. It is common for survivors and surviving family members of […]
LYNCHBURG, Va. (August 28, 2023) – The Virginia law firm Gentry Locke is pleased to announce that partner Catherine (Cate) J. Jackson has relocated to the firm’s Lynchburg office. Jackson joined Gentry Locke’s Roanoke office as an associate in 2011 and was named partner in 2017. She has built a successful practice focused on defending employers against discrimination and workplace claims and advising businesses in the restaurant and hospitality industry on employment issues. Jackson has litigated cases in federal and state courts throughout Virginia and represented companies before the Department of Labor and the EEOC. She is a frequent speaker […]
AI tools undoubtedly offer benefits in the recruitment and hiring process; however, the use of AI screening tools when making employment decisions comes with associated risks. One significant risk is that an employer may unintentionally violate federal anti-discrimination laws if the AI tool disproportionately screens out individuals in protected classes and the employer is unable to justify the exclusion as sufficiently job-related and consistent with business necessity. The increasing popularity and use of AI tools in the recruitment and hiring process has caught the attention of the Equal Employment Opportunity Commission (EEOC), and it has begun to aggressively target AI […]
ROANOKE, Va. (August 22, 2023) – The Virginia law firm Gentry Locke is pleased to announce that it has been recognized among the Vault 2024 “Top 150 Under 150” list, marking the firm’s sixth consecutive year of recognition. “It is a tremendous honor to continue to be recognized on a list of outstanding small and midsize firms that provide top-tier service and immense value for their clients,” said Gentry Locke Managing Partner Brett Marston. “We believe that our exceptional culture is a key driver in the growth and success we have continued to enjoy and are proud of this accolade […]
Registration: Thursday, October 26, 2023 The Institute for Advanced Learning & Research – 150 Slayton Ave, Danville Cost: $49.00 (includes lunch) Deadline to RSVP: October 5 Register Here Schedule: 8:00-8:30 | Sign-in and Light Refreshments and Pastries 8:30-9:30 | The Dreaded Never-Ending Leave of Absence and Return to Work Issues: FMLA, ADA, and Worker’s Compensation | Presenter: Paul Klockenbrink 9:30-10:00 | Impacts of AI in the Workplace | Presenter: Harrison Richards 10:00-10:15 | Break 10:15-11:30 | Hot Topics Roundtable (including Cannabis, Pregnancy, NLRB, & OSHA) | Presenters: Todd Leeson and Spencer Wiegard 11:30-12:15 | Updates on Recent Federal Court Decisions | […]
Gust, Marston and Paxton Receive Best Lawyers “Lawyer of the Year” Awards ROANOKE, Va. (August 17, 2023) – The Virginia law firm Gentry Locke is pleased to announce that 30 of the firm’s attorneys are included in the 2024 Best Lawyers® lists, including 25 attorneys recognized in the 2024 edition of The Best Lawyers in America® and five attorneys recognized in the 2024 edition of Best Lawyers: Ones to Watch® in America. Of the 25 attorneys recognized in The Best Lawyers in America, three attorneys were also recognized with a 2024 Best Lawyers® “Lawyer of the Year” award, which is […]
This article appeared in the Summer 2023 issue of the VBA Young Lawyers Division’s Opening Statement. By Jared A. Tuck[1] The COVID-19 pandemic forced law firms around the world to transition their practices online.[2] Now, although courts have largely resumed their regular, in person proceedings,[3] many lawyers and firms have kept tools from the pandemic in their toolbox. One such popular practice is the continued use of remote platforms for depositions. Recognizing that remote depositions are here to stay, this article provides an overview of the following: (1) the law on remote depositions, (2) the advantages and disadvantages of remote […]
NORFOLK, Va. (July 17, 2023) – The Virginia law firm Gentry Locke is pleased to announce that Michael V. Moro, II has joined the firm’s Norfolk office as a partner in the General Commercial practice group. “Mike is an exceptional attorney with tremendous experience helping businesses across a number of industries navigate important business issues, including mergers and acquisitions transactions,” said Gentry Locke Managing Partner Brett Marston. “We are excited to add his experience to our newly established Norfolk office and know that Mike will enhance the level of service that we continue to provide to our clients in Hampton […]
During the 2022 Session, the Virginia General Assembly passed SB 550, which prohibited the application of contingent payment clauses (known as “pay-if-paid” clauses) under most circumstances. The bill also established prompt payment clauses for prime contracts and subcontracts on private projects. Virginia’s Prompt Payment Act was formerly applicable only to public projects. The legislative process during the 2022 session did not result in a consensus among stakeholders concerning the appropriate statutory language. This is a link to the final language of the bill, which was very different from the original bill, or the first substitute presented in committee. The bill […]
From The Fee Simple. Published July 2023.
On August 11, 2018, a sudden and significant burst of rain caused several accidents on I-81 in Rockbridge County, Virginia. The accident at issue involved a chain reaction collision involving five vehicles. A Western Express tractor-trailer was the last vehicle in the collision series to rear-end Plaintiff’s work van. Plaintiff suffered serious injuries, including a spinal fracture and an uncontested moderate traumatic brain injury (“TBI”) with subdural bleeding. His uncontested medical damages totaled $337,000. Plaintiff alleged a variety of permanent ailments arising from his TBI. He sued for over 10 million dollars and refused to negotiate a settlement for a […]
The Clean Water Act[1] (CWA) prohibits the discharge of pollutants into navigable water, which is defined in the CWA as “waters of the United States” (WOTUS). For decades, the definition of WOTUS has been a moving target. On May 25, 2023, the U.S. Supreme Court (SCOTUS) may have settled this debate in its Sackett v. Environmental Protection Agency decision where the Court narrows the U.S. Army Corps of Engineers (USACE) and Environmental Protection Agency’s (EPA) jurisdiction to regulate wetlands under the CWA.[2] Sackett establishes that in order for the federal agencies to exercise jurisdiction over an adjacent wetland, a party […]
RICHMOND, Va. (June 13, 2023) – The Virginia law firm Gentry Locke is pleased to announce that T. Tyler Moses has joined the firm’s Richmond office as an associate. “Tyler has shown a great deal of initiative as a young attorney and we are pleased to welcome him to the firm and know that his commitment to exceptional service will extend to our clients. His experience in taxation matters adds to our growing commercial team in our Richmond office.” said Gentry Locke Managing Partner Brett Marston. Moses joins as a member of the firm’s general commercial group, focusing his practice […]
RICHMOND, Va. (June 12, 2023) – The Virginia law firm Gentry Locke is pleased to announce that Patricia B. “PJ” Turner has joined the firm’s Richmond office as a partner in the Commercial Litigation and Construction practice groups. “As Gentry Locke aims to be Virginia’s leading law firm, PJ’s addition adds to our litigation and construction-industry strengths in central and eastern Virginia. PJ is a highly regarded litigator and we are pleased to welcome her to our team,” said Gentry Locke Managing Partner Brett Marston. “As we grow in the Richmond and Hampton Roads areas, we look forward to PJ […]
As we have reported over the past five months, read here, the Biden Administration is continuing to orchestrate a frontal assault on noncompete agreements, while at the same time trying to change the rules on a going forward basis. This article provides a short update on the latest federal agency actions, including a new opinion released by the NLRB’s General Counsel and the status of the FTC’s Draft Rule, recent state law changes, and an important reminder that employment relationships are fiduciary in nature and are supposed be based on “integrity and fairness” which is a concept that swings both […]
Gentry Locke is happy to welcome our 2023 Summer Associates. Our summer associates will be working out of our Roanoke, Lynchburg, and Richmond offices, collaborating on a multitude of different projects + having some fun while they’re at it! Meet our summer associates, below. Where we’re located and what we’re into! Roanoke Kiara Anguiano is a 1L at the University of Richmond School of Law. She is based in our Roanoke office. Kiara is fluent in Spanish and is also a member of the University of Richmond water polo club team. Nicholas Beck is a 2L at the University of […]
ROANOKE, Va. (June 1, 2023) – The Virginia law firm Gentry Locke has been recognized as a leading Virginia firm for general commercial, white collar crime, and employment law by Chambers USA 2023. In its 2023 prestigious ranking of law firms and attorneys, Chambers USA ranked three Gentry Locke practices and four attorneys. The firm’s Criminal & Government Investigations practice is one of only two in Virginia ranked by Chambers USA in Band 1, making specific mention of Partners Thomas J. Bondurant, Jr. (Band 1) and Erin M. Harrigan (Band 2). Commentators describe Bondurant as “well known in the white-collar […]
The Wildlife Foundation of Virginia is a non-profit dedicated to conserving land, providing public access and outdoor recreation for America’s wounded, ill and injured veterans on properties throughout Virginia. This year, the WFV is raising funds for an 18’x20’ four-post pavilion with a concrete floor at the main meeting area at Fulfillment Farms. The pavilion will provide cover for outside group events including lunches for youth and wounded warrior hunts, and a place to host meetings. Their estimated budget is $15,000 and they plan to construct it with volunteer labor. Gentry Locke has been a proud supporter of The Wildlife […]
The side of righteousness: Cody Arven’s odyssey Cody Arven had to fight from the day he was born, which is hard to do when you can’t walk, talk, see or hear your mother’s voice when she says, “I love you.” His parents did the fighting for him, though. They battled doctors who denied responsibility for the brain injury that occurred during his mother’s labor, when a severe infection wasn’t diagnosed. They sparred with lawyers who rejected the family’s claims for restitution, and they took on the government-created insurance funds in two states that refused to pay their promised share of […]
ROANOKE, Va. (April 28, 2023) – The Virginia law firm Gentry Locke is pleased to announce that 12 of the firm’s attorneys have been named to the 2023 Virginia Super Lawyers® list and five attorneys have been named to the 2023 Virginia Rising Stars list. Additionally, for the fifth consecutive year, Monica Monday, Chairperson of Gentry Locke’s Executive Board, has been named to all three of the publication’s “Top Lists,” including the “Top 100 in Virginia,” the “Top 50 Women in Virginia,” and the “Top 10 in Virginia.” Gentry Locke’s Managing Partner Brett Marston has also been named to the […]
NORFOLK, Va. (March 31, 2023) – The Virginia law firm Gentry Locke is pleased to announce that the firm has opened an office in Norfolk, Virginia. The new office is located in the World Trade Center building in downtown Norfolk. It is Gentry Locke’s fourth office in the Commonwealth. “At Gentry Locke, we have always prided ourselves in the deep roots we have in Virginia. Our new Norfolk office allows us to continue to serve as Virginia’s leading law firm providing extraordinary legal service throughout Virginia,” said Gentry Locke Managing Partner Brett Marston. “We identified Hampton Roads as an area […]
As we enter the second full year of the Biden Administration, nearly every federal agency that regulates employment in the United States have begun to hit their stride and is hard at work with various initiatives and rulings which seek to expand worker protections and reverse guidance, regulations and decisions issued during the Trump era. This article highlights just a few of these developments. We have previously reported on the “crackdown” actions taken by the Federal Trade Commission (“FTC”) to invalidate the noncompete provisions used by three companies that covered hundreds of employees, not all of whom were “low wage” […]
RICHMOND, Va. (February 27, 2023) – The Virginia law firm Gentry Locke is pleased to announce that Emily S. Mordecai has joined the firm’s Richmond office as a member of its Commercial Litigation team. Mordecai previously worked as a litigation associate in the Richmond office of an AmLaw100 firm. Her subject-matter experience ranges from complex commercial disputes to products liability and personal injury cases to nationwide employment class actions. As a part of the Commercial Litigation team, Emily will work with Gentry Locke’s clients across the Commonwealth through all phases of business litigation and alternative dispute resolution. “We are pleased […]
Lynchburg: Tuesday, May 2, 2023 The Virginian Hotel Roanoke: Tuesday, May 9, 2023 The Hotel Roanoke We have reached capacity and registration is now closed for both programs. Download Program Materials Former Vice President of Talent and Acquisition for Chick-fil-A, Dee Ann Turner will be joining us for a special lunch talk about building a remarkable organizational culture at the Roanoke session. 7:45-8:30 | Complimentary Breakfast and Sign-in 8:30-9:30 | Employees Say the Darndest Things | Presenter: Cate Jackson 9:30–10:30 | Truth Justice…and Recent Developments and Trends in Federal Employment Law | Presenters: Todd Leeson and Harrison Richards 10:30-10:45 | […]
ROANOKE, Va. — Age is just a number, or so the old saying goes. Even when your law firm turns 100 years old. Gentry Locke is proud to mark a century of serving clients and being one of the most trusted law firms in Virginia. That kind of longevity is a testament to the firm’s skilled lawyers and staff and their ability to foster close relationships with clients and co-workers to deliver results. Tracing its roots to 1923, Gentry Locke has long been a valuable partner and leader for clients, businesses and the community. But in 2023, few people care […]
From Bloomberg Law. Published February 7, 2023. Click here to read this article on bloomberglaw.com.
While most commentary and handwringing has focused on the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking released on January 5, 2023, many are unaware of the FTC actions taken the day before. On January 4, 2023, the FTC announced the successful launch of what it calls an enforcement “crackdown” against noncompete agreements by heralding forced settlements with three (3) different companies that made regular use of noncompete agreements with a broad range of employees, and not just with low-wage or low-skilled workers.[1] Each of the FTC Complaints alleged the “unfair use of noncompetes in violation of Section 5 of […]
On January 5, 2023, the Federal Trade Commission (“FTC”) created a stir when it released a 218-page Notice of Proposed Rulemaking and a Proposed Rule that if implemented will prohibit the use of post-employment, noncompete provisions. The Proposed Rule extends to all workers, whether paid or not, and would require employers to rescind existing noncompete agreements within 180 days of publication of the Final Rule.[1] The FTC estimates that approximately 30 million workers are bound by a post-employment noncompete provision. Much has been said about the Proposed Rule, but these are several initial observations in advance of a webinar Gentry […]
RICHMOND, Va. (January 19, 2023) – The Virginia law firm Gentry Locke is pleased to announce that former federal prosecutor Melissa E. O’Boyle has joined the firm’s Criminal & Government Investigations practice group as a partner. “Melissa has established herself as a leading federal prosecutor in Virginia and is well-known in the Eastern District for her exceptional work on matters involving public corruption and financial fraud,” said Gentry Locke Managing Partner Brett Marston. “We are thrilled to welcome her to the firm and know that her experience in handling complex criminal cases and in leading investigations will make her an […]
From the Journal of Transportation Law, Logistics and Policy, Volume 89, Number 2 © Copyright 2023 ATLP
ROANOKE, Va. (January 9, 2023) – The Virginia law firm Gentry Locke is pleased to announce that Harrison E. Richards has joined the firm’s Roanoke office as an associate. “Harrison is an exceptional attorney with experience at the intersection of employment law and litigation, making him a tremendous addition to our team,” said Gentry Locke Managing Partner Brett Marston. “We are pleased to welcome him to the firm and know that his practice will enhance our capabilities in serving our clients.” Richards is a member of the firm’s Employment & Labor Practice Group. In this role, he will handle a […]
We all have bad days and even bad weeks, but waiting over a year to serve a defendant in a civil lawsuit in Virginia is just too long—and the rules agree. Rule 3:5(e) of the Rules of the Supreme Court of Virginia (the “Rules”) states that “[n]o order, judgment, or decree will be entered against a defendant who was served with process more than one year after the institution of the action against that defendant unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on that defendant.” When the Advisory Committee on […]
ROANOKE, Va. (January 5, 2023) – The Virginia law firm Gentry Locke is pleased to announce that attorneys David R. Berry, Charles L. Calton, D. Scott Foster Jr. and Alicha M. Grubb have been promoted to the partnership, effective January 1, 2023. “It is a testament to our firm culture to have such an exceptional group of young attorneys with a diverse set of skills that allow us to serve a wide range of clients,” said Gentry Locke Managing Partner Brett Marston. “We congratulate them on this accomplishment and look forward to their continued contributions to the firm and to […]
ROANOKE, Va. (January 4, 2023) – The Virginia law firm Gentry Locke is pleased to announce updates to its leadership in 2023. As part of its strategic plan for sustained growth and success, the firm has formed an executive board, effective January 1, 2023. Former Managing Partner Monica T. Monday will serve as chair of the executive board. K. Brett Marston has been named the new managing partner and will also serve on the executive board. Additional members of the executive board are Matthew W. Broughton, William Gust, and Gregory H. Habeeb. Monday served as managing partner from 2013-2022, and […]
ROANOKE, Va. (January 2, 2023) – The Virginia law firm Gentry Locke is pleased to welcome Jeffrey C. Southard to the firm’s statewide Construction Industry Contracting and Litigation group. Southard is a licensed Virginia attorney, who will also work with clients through Gentry Locke Consulting. He most recently served as the Executive Vice President of the Virginia Transportation Construction Alliance. “This is exciting news. Jeff is an excellent addition to Gentry Locke and to its growing construction contracting and litigation team across the Commonwealth. Jeff brings more than 20 years of experience in the transportation and construction industries. He has […]
A recent opinion by the United States Court of Appeals for the Eleventh Circuit highlights the importance of obtaining and including a borrower’s correct name in the Form UCC-1 to be filed in the Virginia State Corporation Commission and other jurisdictions with statutory provisions similar to that of Virginia. In the case of 1944 Beach Boulevard, LLC v. Live Oak Banking Company, 2022 U.S. App. LEXIS 27330, the Court found that the Uniform Commercial Code financing statements filed by Live Oak with the Florida Secretary of State was “seriously misleading” because Live Oak listing the Debtor’s Name as “1944 Beach […]
Three attorneys walk into a law firm… It’s not the start of some joke. It’s the beginning of big news for Gentry Locke, which recently welcomed three attorneys as partners whose vast experience in government and the corporate world will help clients navigate issues where the public and private sectors meet. Carlos L. Hopkins, the Virginia Secretary of Veterans and Defense Affairs under former Virginia governors Terry McAuliffe and Ralph Northam, and a legal counsel to McAuliffe; Noah P. Sullivan, also a former counsel to McAuliffe who previously worked in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP; […]
ROANOKE, Va. (December 8, 2022) – The Virginia law firm Gentry Locke is pleased to announce that Jared A. Tuck and Aidan C. Williams have joined the firm’s Roanoke office as associates. “We are pleased to welcome Jared and Aidan to the firm and are confident that they will provide valuable support to our team in continuing to provide exceptional service to our clients,” said Gentry Locke Managing Partner Monica T. Monday. Tuck is a member of the firm’s Plaintiff Practice Group and previously served as a summer associate with Gentry Locke. Tuck earned his J.D. from William & Mary […]
ROANOKE, Va. (December 1, 2022) – The Virginia law firm Gentry Locke is pleased to announce that 20 attorneys have been named to Virginia Business magazine’s 2022 Legal Elite list. The list is determined by peer votes and is divided into 20 specialties. The Gentry Locke attorneys recognized in the 2022 Legal Elite list and the areas in which they are recognized include: Thomas J. Bondurant, Jr. – Criminal Law William E. Callahan, Jr. – Bankruptcy/Creditors’ Rights, Administrative Government Christen C. Church – Intellectual Property/Information Technology Chip (John G.) Dicks – Legislative/Regulatory/Administrative Alicha M. Grubb – Young Lawyer and Administrative […]
ROANOKE, Va. (October 12, 2022) – The Virginia law firm Gentry Locke is pleased to announce that eight of the firm’s attorneys have been elected to serve in leadership roles in the Virginia State Bar and local bar associations. “We are proud of the dedication each of these attorneys has shown to serving the legal profession and upholding the highest standards of professionalism and know that their leadership capabilities will be a benefit to each of these organizations,” said Gentry Locke Managing Partner Monica T. Monday. Christen C. Church has been elected by the Roanoke Bar Association as president-elect for […]
Partner, Jon Puvak represents Red Brick Solar in their investment in Lunenburg County. The Conditional Use Permit (CUP) application and siting agreement were both approved recently. Click here to read more regarding new solar facilities coming to Virginia in this article by the Kenbridge Victoria Dispatch.
RICHMOND, Va. (October 7, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Hailey A. Wilkes as an associate in the firm’s Civil Defense Litigation group in Richmond. “Hailey’s background in insurance law and litigation allows her to provide valuable counsel to our clients and provide strategic insurance defense support to our team,” said Gentry Locke Managing Partner Monica T. Monday. Wilkes regularly works with clients and organizations in civil defense matters through all phases of state and federal litigation. She has experience counseling clients, interviewing witnesses, coordinating with experts and consultants, negotiating settlements, and corresponding with […]
The Virginia Administrative Process Act (“VAPA”) and Part 2A of the Rules of the Supreme Court of Virginia govern judicial review of determinations by certain administrative agencies in Virginia. A party appealing an agency decision under the VAPA must operate within these parameters, and the Court’s review of an agency decision is limited. In this context, the party contesting the agency decision bears the burden to “designate and demonstrate an error of law subject to review by the court.” Va. Code § 2.2-4027. Under the VAPA, an “error of law” contemplates a decision that is not: (1) in accordance with […]
RICHMOND, Va. (September 21, 2022) – The Virginia law firm Gentry Locke is pleased to welcome Brittany L. Mountjoy as an associate in the firm’s Criminal & Government Investigations practice group in Richmond. “Brittany’s regulatory and government affairs experience paired with her commitment to client service makes her an exceptional addition to our team, and we are delighted to welcome her to the firm,” said Gentry Locke Managing Partner Monica T. Monday. Mountjoy regularly represents clients in both civil and criminal matters. She previously worked as a Deputy State Public Defender at the Colorado State Public Defender’s Office where she […]
