Menu

Our clients and prospects appreciate our commitment to exceptional responsiveness — 866.983.0866

The Library

News, attorney articles, seminars & events and case studies.

  • All Months
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
  • All Categories
  • News
  • Articles
  • Events
  • Case Studies

Shared Service Agreements Between Local Governments

  • Events

On January 5, 2017 in Lynchburg, VA and January 12, 2017 in Winchester, VA, Gentry Locke attorney Jon Puvak will speak to attendees at the Brown Edwards 20th Annual Governmental Conference. His presentation on “Shared Service Agreements Between Local Governments” will provide professional credits to the accounting professionals in attendance.

Associated Attorneys Practices or Specialties Share This
LinkedIn Google+

Year-end Alerts to Employers – Part 4: Confidentiality Rules Under Fire – Be Warned!

This is the fourth installment of a series of year-end alerts to employers. Part 1: OSHA Reporting Rules Effective December 1, 2016 Part 2: Paycheck Transparency Rules Effective January 1, 2017 Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017 One area of intense interest to the Obama Administration has been to challenge the use of confidentiality provisions in employee handbooks as well as in employment agreements of all kinds. For a number of years, the NLRB has found confidentiality policies that prohibit employees from discussing wage information or other terms and conditions of employment to be […]

Read full article
LinkedIn Google+

Partner David Paxton Quoted in Law360 Article on 2016 Employment Law Changes

Gentry Locke Employment Law Chair David Paxton was interviewed and quoted in a Law 360 article entitled “The Top Employment Regulations Of 2016”. Reporter Vin Gurrieri included the following comments by Paxton: The Overtime Rule: David Paxton of Gentry Locke said the outcome of the case “will be fascinating,” adding that the overtime rule, of all the recent regulations issued, was the one “that has the broadest impact on employers. For small businesses and nonprofits, it’s a major financial disaster,” Paxton said. “Trying to undo it will be problematic — I don’t know how it will play out.” New EEO-1 […]

Read full press release
LinkedIn Google+

Year-end Alerts to Employers — Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017

This is the third installment of a series of year-end alerts to employers. This alert is of particular interest to federal government contractors. Part 1: OSHA Reporting Rules Effective December 1, 2016 Part 2: Paycheck Transparency Rules Effective January 1, 2017 Part 4: Confidentiality Rules Under Fire – Be Warned! The Department of Labor (DOL) on September 30, 2016 issued new final rules spelling out the requirement for covered federal contractors to provide employees with up to seven days (56 hours) of paid sick leave per year.[1] Employees who are covered under this new Rule are “any person[s]” engaged in […]

Read full article
LinkedIn Google+

Year-end Alerts to Employers — Part 2: Paycheck Transparency Rules Effective January 1, 2017

This is the second installment of a series of year-end alerts to employers. This alert is of particular interest to federal government contractors. Part 1: OSHA Reporting Rules Effective December 1, 2016 Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017 Part 4: Confidentiality Rules Under Fire – Be Warned! On October 24, 2016, a Texas federal judge issued a nationwide injunction prohibiting the enforcement of certain portions of Fair Pay and Safe Workplace Rules.[1] These Rules would have required employers to disclose alleged but not fully adjudicated labor violations when bidding for contracting work. The judge […]

Read full article
LinkedIn Google+

Year-end Alerts to Employers — Part 1: OSHA Reporting Rules Effective December 1, 2016

This is the first installment of a series of year-end alerts for employers. This alert focuses on OSHA reporting rule changes. Part 2: Paycheck Transparency Rules Effective January 1, 2017 Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017 Part 4: Confidentiality Rules Under Fire – Be Warned! A rash of lawsuits filed this fall challenged a number of new federal requirements imposed by the outgoing Obama Administration. Some of these court challenges have been successful, e.g., recent injunctions prohibiting enforcement of the new overtime regulations, and the new “persuader” rules. This Alert is the first of […]

Read full article
LinkedIn Google+

Gentry Locke Partners Herschel Keller and Glenn Pulley Named Lynchburg Business “Top Lawyers”

LYNCHBURG, Va. (December 14, 2016) – Gentry Locke is pleased to announce that partners Herschel V. Keller and W. Glenn Pulley were selected for inclusion on Lynchburg Business magazine’s inaugural “Top Lawyers of Greater Lynchburg” list. The ranking recognizes who is considered the “best of the best” in the region’s legal community. Keller, who leads Gentry Locke’s Lynchburg office, was named for Corporate and Business Law, Commercial Construction Law and Litigation, Complex Contract Drafting and Negotiation, Environmental and Land Use, and Real Estate. In his practice, Keller represents businesses, governmental entities, and institutions in Lynchburg and across the Commonwealth. He is active […]

Read full press release
LinkedIn Google+

Supreme Court of Virginia Affirms Circuit Court Decision in Construction Claim

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 Montgomery County Circuit Court, then Supreme Court of Virginia Gentry Locke defended two subcontractors, along with their performance bond surety companies, against a claim by a general contractor related to a construction project at Virginia Tech. The project was completed in the late 1990s. Virginia Tech pursued a claim for defective work against the general contractor and resolved that dispute for a $3 million settlement. The general contractor then pursued a claim for breach of contract and indemnification against several subcontractors and sureties. The Supreme Court of Virginia affirmed the trial court’s ruling that the statute […]

Read case study
LinkedIn Google+

Gentry Locke Welcomes Attorneys Calton and Coleman

ROANOKE, Va. (December 7, 2016) – Gentry Locke is pleased to announce that Charles R. Calton and Lauren E. Coleman  have joined the firm’s Roanoke office as associates. Calton has joined the firm’s Plaintiff’s practice group as a trial lawyer, where he will represent clients in medical malpractice, wrongful death, and personal injury cases across Virginia. Before joining Gentry Locke, Calton worked for more than a decade as a claims representative in the civil litigation section at the Virginia Office of the Attorney General. He also served as an adjudication specialist with the Virginia Department of Health Professions, representing individuals […]

Read full press release
LinkedIn Google+

Breweries and Intellectual Property: Putting the “IP” in IPA

So, what do your brewery, Facebook, and Google have in common? With Google and Facebook’s progressive offices there is probably some connection involving beer pong, but beyond that, intellectual property (“IP”) is a significant asset of each. Brewery owners will spend countless hours and dollars investing in producing the best beer and marketing to build brand recognition, but will overlook protecting that intellectual property they spent so much effort building. Admittedly, Facebook and Google [and Anheuser-Busch and MillerCoors] are huge companies with in-house attorneys and legal budgets devoted to obtaining, licensing, and policing their intellectual property, which just doesn’t make […]

Read full article
LinkedIn Google+

Preventing Unlawful Harassment in the Workplace: The EEOC’s Call for a “Reboot”

Did you know that almost 1/3 of the approximately 90,000 charges filed with the EEOC in fiscal year 2015 included an allegation of unlawful “harassment” in the workplace? Moreover, according to the EEOC’s latest research, 3 out of 4 persons who experience “harassment” at work never report it to anyone either internally (e.g., HR or a supervisor) or externally (e.g., EEOC charge). Simply stated, workplace harassment continues to be a significant problem. Mindful of this problem, the EEOC convened a diverse and experienced Task Force to investigate, and to offer analysis and solutions. In June 2016, the EEOC Task Force […]

Read full article
LinkedIn Google+

Fifteen Gentry Locke Attorneys Recognized as 2016 “Legal Elite”

ROANOKE, Va. (December 1, 2016) – Gentry Locke is pleased to announce that 15 firm attorneys have been named to Virginia Business magazine’s 2016 Virginia Legal Elite list: J. Rudy Austin: Construction Law Thomas J. Bondurant, Jr.: Criminal Law Michael J. Finney: Civil Litigation W. William Gust: Taxes/Estates/Trusts/Elder Law Kevin Walker Holt: Civil Litigation Catherine J. Huff: Young Lawyer (Under 40) Paul G. Klockenbrink: Labor/Employment Law Todd A. Leeson: Labor/Employment Law K. Brett Marston: Construction Law Monica Taylor Monday: Appellate Law W. David Paxton: Labor/Employment Law Anthony M. Russell: Civil Litigation Bruce C. Stockburger: Business Law Maxwell H. Wiegard: Environmental Law […]

Read full press release
LinkedIn Google+

Encore/Update webinar: The EEOC’s Aggressive Agenda: What Employers Need to Know & What Might Change

Are you aware of the EEOC’s recent initiatives? How might the 2016 election results affect the EEOC? This year alone the EEOC has issued new guidance or taken action on the following topics:  Retaliation, Additional Leave under the ADA, Pregnancy discrimination, LGBT protection in the workplace, and issued a new report on Sexual Harassment. Employers need to know what these changes are and how the Trump Administration may impact the EEOC’s initiatives. Gentry Locke’s employment lawyers will offer this hot-topic webinar on December 6 from 11:45 a.m. to 1:00 p.m. The cost for this webinar is just $20 per attendee. Questions? Please email glrm@gentrylocke.com. As a SHRM […]

Read more.
LinkedIn Google+

The Future of the Affordable Care Act in a Trump Administration

This article by Gentry Locke partner Christen Church was published to the website of ALM’s Inside Counsel Magazine on November 16, 2016. You may view a PDF of the article here. The Affordable Care Act itself is 900+ pages, with the pages of regulation implementing the Affordable Care Act numbering in the thousands, so what would a “repeal” of Obamacare look like? We now know the outcome of the 2016 election. On Jan. 20, 2017, Donald Trump will take office and a Republican majority will remain in both houses of Congress. What will this mean for the future of the Affordable […]

Read full article
LinkedIn Google+

$1.75 Million Settlement for Fall Victim due to Nursing Malpractice

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

Our client was neurologically intact when he was admitted for evaluation to an acute care hospital for possibly unstable cervical fractures. An in-hospital fall caused tetraplegia (a type of paralysis) and a traumatic brain injury. Our attorneys were prepared to present evidence showing that the assigned nurses deviated from the standard of care by not identifying our client as a high falls risk, and by not putting in place high falls risk interventions and injury precautions, including a bed alarm set at the correct sensitivity level.

Read case study
LinkedIn Google+

Alert for Employers: United States Citizenship and Immigration Services Issues Revised Form I-9

On November 14, 2016, the U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification. Satisfactory completion of a Form I-9 is required for every employee hired in the United States. These forms must be retained by employers forms for their active US workforce, as well as for terminated employees, pursuant to specific retention rules. A link to the new form is here. The revised Form I-9 includes several changes. For example, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals. Other changes include: Instructions […]

Read full article
LinkedIn Google+

ESCOBAR Aftermath: Expanded Liability, Uncertainty, and More Trials

This article, co-authored by Gentry Locke attorneys Cynthia D. Kinser and John Reed Thomas, Jr., appeared in U.S. Law Week, published by Bloomberg BNA on November 3, 2016. You can view a PDF of the article here. The False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733, is the United States’ primary statutory tool to combat fraud against the government. Congress enacted the FCA in 1863 in order to contend with widespread fraud in Civil War defense contracts. Since then, Congress has amended the FCA on several occasions to enhance the government’s ability to recover losses sustained as a result of […]

Read full article
LinkedIn Google+

Settlement for Permanent Paralysis Following Wisdom Tooth Removal

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 County Circuit Court located in northern Virginia Gentry Locke represented a woman in her early 40s who underwent a wisdom tooth removal performed by a general dentist. She suffered a permanent nerve injury during the extraction, which she contended resulted from the dentist failing to refer her to an oral surgeon for the procedure. Our client’s experts contended that the removal was too complex for a general dentist to undertake and that the standard of care required referral to an expert in the field of extractions. Had such a referral been made, the tooth would have […]

Read case study
LinkedIn Google+

Vote “Yes” for Virginia’s “Right to Work” Amendment

This article by Gentry Locke partner Todd Leeson was published in the Opinion section of The Roanoke Times on November 2, 2016. To see the published version, click here. Virginia has been a “right to work” state since 1947. In the upcoming election, Virginia voters will decide whether to include “right to work” protection in our state constitution. For reasons I will explain, I encourage a “Yes” vote. To understand this issue better, it is important to know the meaning of the term “right to work.” Assume that Sara lives in New York. She accepts a job with the ABC […]

Read full article
LinkedIn Google+

Webinar on November 15: Pay Reporting and New Government Contractor Requirements

The EEOC and the DOL have been very active! The new requirements have very specific rules regarding accrual and carry-over of paid sick leave, and the purposes for which leave may be used. Find out what you will need to do regarding the compensation data you send to the EEOC, and what is needed to ensure your company’s paid sick leave policies comply with the new rules. Gentry Locke Partner Lindsey Coley will present this webinar on November 15 from 2:00 p.m. to 3:00 p.m.  She will discuss these latest developments and provide government contracting employers with practical recommendations. EEOC changes: […]

Read more.
LinkedIn Google+

Webinar on November 2: The EEOC’s Aggressive Agenda: What Employers Need to Know

Are you aware of the EEOC’s recent initiatives? This year alone the EEOC has issued new guidance or taken action on the following topics:  Retaliation, Additional Leave under the ADA, Pregnancy discrimination, LGBT protection in the workplace, and issued a new report on Sexual Harassment. Gentry Locke’s employment lawyers presented this webinar on November 2 from 11:45 a.m. to 1:00 p.m.  If you registered but were unable to attend, please watch your inbox for a link to a second webinar on this topic. A second webinar on November 15 will cover new developments in federal laws for government contractors.   The […]

Read more.
LinkedIn Google+

Twenty-Two Gentry Locke Attorneys Named to “The Best Lawyers in America”

ROANOKE, Va. (October 18, 2016) – Gentry Locke is pleased to announce that 22 of the firm’s attorneys have been named in the 2017 Edition of The Best Lawyers in America®. In addition, W. William Gust, K. Brett Marston, W. David Paxton and Anthony M. Russell were selected as Best Lawyers 2017 “Lawyers of the Year” in Roanoke. The Gentry Locke attorneys who are recognized in Best Lawyers 2017 include: J. Rudy Austin: Personal Injury Litigation – Defendants Thomas J. Bondurant, Jr.: Corporate Compliance Law, Criminal Defense: White-Collar Matthew W. Broughton: Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Plaintiffs […]

Read full press release
LinkedIn Google+

Partner Todd Leeson Joins Family Service of Roanoke Valley Board of Directors

Gentry Locke partner Todd Leeson has joined the Board of Directors for Family Service of Roanoke Valley, a private, not-for-profit organization that has served Roanoke Valley residents since 1901. Family Service is a multi-service agency helping a diverse population of clients that spans the area’s economic, ethnic, and cultural divisions. Family Service serves the Cities of Roanoke and Salem, Counties of Bedford, Botetourt, Franklin and Roanoke, and Town of Vinton, providing protection and assistance for vulnerable residents experiencing issues such as domestic violence, mental health problems, and other challenges.

Read full press release
LinkedIn Google+

The Reedy Case and Other Tales from the Pro Bono Bar

On September 30, 2016 Gentry Locke partner Justin Lugar presented a CLE during the 16th Annual Professional Development Conference. The conference is sponsored by the Virginia State Bar for its Young Lawyers Conference. Lugar’s presentation focused on the evolving ethical implications of lawyers in providing pro bono services. The Reedy Case resulted in the eventual freedom and gubernatorial pardon of a man who, based on faulty fire science testimony, was convicted of killing his two children in a house fire and had served twenty years in prison for that crime.

Read more.
LinkedIn Google+

Recent Developments in Federal Employment Law

On September 21, Gentry Locke partner Todd Leeson presented a general session entitled “Recent Developments in Federal Employment Law” for the Virginia Legal Forum event sponsored by the Shenandoah Valley SHRM Chapter. Todd provided a similar update to the Salem Rotary Club on September 8, 2016. Todd has over 26 years of experience representing and advising Virginia employers in employment and labor law matters and litigation. He regularly defends employment claims in Virginia courts and before agencies including the EEOC, National Labor Relations Board (NLRB), DOL and OSHA (whistleblower and retaliation claims). His experience includes the defense of companies as to alleged […]

Read more.
LinkedIn Google+

Interpleader and ERISA: More Complicated (and Interesting) Than You May Think

This article by Gentry Locke Partner Kevin Holt regarding Interpleader actions and ERISA was published in DRI — The Voice of the Defense Bar, August 2016, Volume 11, Issue 2. Most lawyers, including ERISA practitioners, likely think interpleader actions are unappealing because they are easy and boring. They involve situations in which there are two or more competing claimants or beneficiaries to the same insurance policy proceeds. Rather than pay one claimant and risk being sued by the other, carriers typically prefer to bring an interpleader action, naming all claimants or beneficiaries as defendants and then paying the policy proceeds […]

Read full article
LinkedIn Google+

Why Have I Been Called for Jury Service?

Most people have been called for jury service at one time or another. Some will see the requirement of jury service as a time-consuming imposition, while others not only readily accept this obligation as a basic requirement of citizenship, but find the experience to be interesting and even ennobling. The right to a jury trial in criminal cases is guaranteed by the Sixth Amendment to the United States Constitution, while the Seventh Amendment provides for jury trials in most civil cases. Obviously, we cannot have jury trials without jurors.  So, who is subject to the requirement of jury service and […]

Read full article
LinkedIn Google+

My Journey Below the Gnat Line in United States v. Stewart Parnell: How to Pass the Long Trial Test

This article by Gentry Locke criminal defense attorney Justin Lugar was published by the American Bar Association. Being the incredibly interesting human being that I am, sometimes I find myself comparing dictionary definitions between American English dictionaries and Oxford English dictionaries or what I call an “English-English dictionary.” This bizarre habit, I think, stems from my less than successful efforts to learn Latin in high school as well as my great fortune to have lived and practiced law in London for the first four years of my career. During my time in London, I had the great pleasure of working with several […]

Read full article
LinkedIn Google+

Tree Disputes Between Neighbors

In the fertile ground for disagreements between neighbors, trees are a recurring problem. Whether the issue involves encroaching branches or roots or the accidental or intentional cutting of a tree, it is important to understand the legal landscape. In an urban or suburban setting, problems with trees can arise in a number of ways. Overhanging branches can block light or satellite reception; they can damage structures; and they can drop leaves, fruit, flowers or other items.  Encroaching roots can cause significant structural damage to foundations, walkways, and underground utilities.  Although a neighbor does not have the right to enter onto […]

Read full article
LinkedIn Google+

Change in Virginia Workers’ Compensation “Cumulative Trauma” Law? It’s Unclear.

Virginia workers’ compensation law has long required that claims can only be compensable if they are “injuries by accident.” There are parts of the law that provide for compensation for “occupational diseases,” but the idea for injuries like sprains and contusions is that such injuries qualify under the Workers’ Compensation Act only if they occurred “by accident.” This has of course led to a great deal of judicial discourse on what constitutes an “injury by accident.” The upshot is that claims based on either repetitive trauma or cumulative trauma are not compensable. This was the state of the law for […]

Read full article
LinkedIn Google+

Employer Defeats Hostile Workplace Claim

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 U.S. District Court, Western District, Roanoke Division, VA The plaintiff sued her former employer, a non-profit, alleging sex discrimination, a hostile work environment, constructive discharge, and retaliation. All claims except for the hostile work environment were dismissed prior to trial. Our client, the employer, denied that harassment occurred and maintained that they were not notified of any harassment until shortly before the employee quit. After a three-day trial, the jury found that the plaintiff had been subjected to a hostile work environment by co-workers but not by the supervisor. The jury also agreed that the employer […]

Read case study
LinkedIn Google+

Court of Appeals Affirms Finding of Desertion, Awards Appellate Attorney’s Fees

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 Appellee Circuit Court of Carroll County and the Court of Appeals of Virginia In a divorce appeal, the Court of Appeals of Virginia has affirmed a trial court’s ruling that the husband deserted the marriage. The desertion finding was supported by evidence that the husband belittled his wife, placed demands on her that she could not meet, and voluntarily left the marriage. The Court also refused the husband a credit for mortgage and car payments he made after the separation. Finally, the Court of Appeals granted our client’s request that the husband pay her attorney’s fees and […]

Read case study
LinkedIn Google+

Successful Defense of Multi-Million Dollar Defamation Suit Against Newspaper

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 Giles County Circuit Court Gentry Locke successfully defended a multi-million dollar defamation lawsuit filed by a former Narrows High School principal against The Virginian-Leader, the local Giles County newspaper. The mayor of the Town of Narrows wrote a letter to the editor, in his private capacity, which was published by the The Virginian-Leader. In fall 2015, the former principal filed a 23 count lawsuit claiming, among other charges, defamation. Gentry Locke represented The Virginian-Leader; the mayor was represented by separate counsel. The Court found that the statements at issue were not defamatory, which was fatal […]

Read case study
LinkedIn Google+

Supreme Court of Virginia Chief Justice Lemons Receives 2016 William R. Rakes Leadership in Education Award

VIRGINIA BEACH, VA (June 20, 2016) – The Honorable Donald W. Lemons, Chief Justice of the Supreme Court of Virginia, received the Virginia State Bar’s 2016 William R. Rakes Leadership in Education Award in recognition of his longstanding and dedicated efforts in the field of legal education in Virginia and nationally. The award, which was established by the Virginia State Bar’s Section on the Education of Lawyers in Virginia in 2012, is named for its inaugural recipient, Gentry Locke Partner William R. (Bill) Rakes. The award was presented at a ceremony and reception at the Virginia State Bar Annual Meeting in Virginia Beach on June 17, […]

Read full press release
LinkedIn Google+

Gentry Locke Attorneys Serve on Board of the Roanoke Bar Association

ROANOKE, VA (July 1, 2016) – Gentry Locke is pleased to congratulate two partners, Kevin Walker Holt and Christen C. Church, for their service on the Board of the Roanoke Bar Association. Kevin, who chairs our Business Litigation group, is President-Elect of the Roanoke Bar Association for 2016-2017. Kevin will be inducted as President of the RBA in July of 2017. Christen, who handles health care and intellectual property issues with our Commercial group, has been appointed to chair the RBA Young Lawyers Committee.

Read full press release
LinkedIn Google+

Protecting Critical Company Assets – Article Series for C-level Executives

Gentry Locke’s Employment Law Team is publishing a series of articles dealing with the ramifications of the recent adoption of the Defense of Trade Secrets Act (DTSA) and a White House report attacking non-compete agreements. “Protecting Critical Company Assets” will red-flag key issues that owners of intellectual property and trade secrets need to know about in order to ensure their company’s interests are protected. As articles are posted, links will be added here. Protecting Critical Company Assets – Part I: DTSA Basics for Employers (David Paxton), published June 16, 2016 Protecting Critical Company Assets – Part 2: DTSA and Employment […]

Read full press release
LinkedIn Google+

Gentry Locke Welcomes Attorney Kirk M. Sosebee to our Roanoke Office

ROANOKE, VA (June 27, 2016) – Attorney Kirk M. Sosebee has joined the Virginia law firm of Gentry Locke, where he will be working in the Construction Litigation section of the Commercial Litigation group. Additionally, Kirk will assist individuals with False Claims Act and Qui Tam/Whistleblower actions. Prior to joining Gentry Locke, Kirk was an associate at a large firm in Washington, DC, where he represented clients in a wide range of commercial litigation and arbitration matters, including an ICC arbitration, cases involving the False Claims Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, the Servicemembers Civil […]

Read full press release
LinkedIn Google+

Protecting Critical Company Assets – Part 4: The “Inevitable Disclosure” Doctrine

Consider the following hypothetical: Ivan is an important employee of the ABC Company in Virginia. Ivan has been employed by ABC for 4 years and has learned a great deal of proprietary information. He is not subject to a non-compete agreement, but has signed an agreement not to disclose confidential information. With no prior notice, Ivan has unexpectedly tendered his immediate resignation. You have heard from a reliable source that Ivan has accepted employment with XYZ Company in Virginia, an aggressive and fairly new competitor. ABC’s President is livid. She believes that Ivan will “inevitably” use or disclose ABC’s trade […]

Read full article
LinkedIn Google+

Protecting Critical Company Assets – Part 3: The DTSA’s Ex Parte Seizure Procedure

Under the Defend Trade Secrets Act (“DTSA”), signed into law by President Obama on May 11, 2016, private employers now have a powerful and unprecedented tool to help them in the fight against trade secret misappropriation. As previously mentioned in Part I of this series, the DTSA provides a unique remedy which was never an option under the Uniform Trade Secrets Act.[1] This remedy is an ex parte seizure provision which allows for “the seizure of property necessary to prevent the propagation or dissemination” of trade secrets. Ex parte means that an employer may petition a court to seize the […]

Read full article
LinkedIn Google+

Tragic Failure to Properly Diagnose and Treat Results in Jury Verdict for $2.75 Million

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 Western District of Virginia, Abingdon Division On June 7, 2013, Shawn McKee presented to a hospital emergency department in Lebanon, Virginia. He was treated by Dwight L. Bailey who was, at the time, a licensed physician. Despite numerous signs and symptoms consistent with a potentially fatal condition known as a pulmonary embolus (“PE”), Mr. McKee did not undergo the required test to diagnose a PE, a CT scan. Dr. Bailey testified that the CT scanner at the hospital could not accommodate Mr. McKee’s size, which is why one was not done as he had ordered. […]

Read case study
LinkedIn Google+

Read the Order Before You Sign It

The recent case of Lopez-Rosario v. Habib, 785 S.E.2d 214 (2016), demonstrates the sometimes devastating consequences of an Order that does not fully reflect what transpired at a hearing. In 2010, the parents of Ms. Lopez-Rosario, an adult, petitioned the Loudoun County Circuit Court to be appointed guardians of their child. The reason for the petition was that “Ms. Lopez-Rosario ‘[was] an incapacitated individual’” and needed someone to make medical decisions for her. While the facts of the underlying guardianship proceeding made clear that the purpose of having the parents appointed as guardians “was to enable Lopez-Rosario’s parents to make […]

Read full article
LinkedIn Google+

Gentry Locke Partner Justin M. Lugar Receives Chappell-Morris Award from American College of Trial Lawyers

ROANOKE, VA (June 20, 2016) – The Virginia law firm of Gentry Locke is pleased to announce that Justin M. Lugar, a partner in our Criminal & Government Investigations group, has been awarded the 2016 Chappell-Morris Award by the Virginia Chapter of American College of Trial Lawyers. Recipients are selected based upon their demonstrated professionalism, high ethical and moral standards, excellent character, and outstanding trial skills. The Chappell-Morris Award was first announced in 2012 and is awarded every other year. Recipients of the Award are selected after a confidential vetting process that includes a case history review and interviews with […]

Read full press release
LinkedIn Google+

Protecting Critical Company Assets – Part 2: DTSA and Employment Agreements

One important new feature of the Defend Trade Secrets Act of 2016 (DTSA) is the duty imposed on employers to notify “employees” of the whistleblower and anti-retaliation protection provisions of the DTSA. In 18 U.S.C. § 1833(b)(3)(A), any agreement entered into or updated after May 11, 2016 with an “employee” that includes a provision that governs the use of confidential information must include a provision that explains the new criminal and civil liability immunity provisions provided to whistleblowers and the provision that expressly allows employees to use trade secret information in anti-retaliation lawsuits. This provision makes it clear that “any” […]

Read full article
LinkedIn Google+

Protecting Critical Company Assets – Part I: DTSA Basics for Employers

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996 (EEA) (18 U.S.C. § 1831, et. seq.). The EEA has allowed federal prosecutors to bring criminal charges for the theft of trade secrets, but until the DTSA, there was no federal civil claim for damages or equitable relief. The DTSA addresses this problem and grants private companies (and other trade secret owners) the right to bring a civil suit to protect their trade secrets and recover damages, so long as the trade secret relates to a product […]

Read full article
LinkedIn Google+

Summer Reading: Some New Employment Law Developments to Know

Happy (almost) summer. Before you head to the beach for a well-deserved vacation, we post this short article to update you on several substantive developments in the employment law world. New Overtime Regulations Effective December 1. As you know, the DOL has published its new overtime regulations that will take effect December 1,2016.  The key provision is that an employee needs to earn at least $47,476 per year to be exempt from the federal overtime requirements.  Gentry Locke recently hosted a webinar on the new regulations.  Please contact us if we can assist your organization in any way. EEOC Publication on […]

Read full article
LinkedIn Google+

Protecting Critical Company Assets – New Federal Initiatives

In 1986, Virginia adopted a version of the Uniform Trade Secrets Act (VUTSA),[1] and employers have relied upon the VUTSA for years to protect some of their most important and sensitive intellectual property and know-how. As business operations have expanded outside of Virginia and the United States, differences in how trade secret laws have been applied have often resulted in an ineffective patchwork of protections.[2] As a result, many employers have continued to rely on written employment agreements that not only protect confidential information and trade secrets, but also limit the solicitation of customers and co-workers, and in some cases, […]

Read full article
LinkedIn Google+

No Notice Required: Virginia’s At-Will Rule

For at least 110 years, Virginia has followed the at-will doctrine that employees working under an agreement that does not specify its duration or require cause for termination may be separated from employment simply by being given “reasonable notice.”[1]  An open question in recent years has been “what constitutes reasonable notice under this at-will rule?” On June 2, the Supreme Court of Virginia decided this issue. The case involved a claim by a long-term employee (17-year tenure) who was abruptly terminated without any advance notice. The former employee argued that she should have been given some reasonable period of advance notice before the […]

Read full article
LinkedIn Google+

New DOL Overtime Rules Double FLSA Exemption Threshold

Finally, the much anticipated changes to DOL overtime regulations have been issued. Most significantly, the new overtime regulations will double the salary threshold effective December 1 and will be increased incrementally every three years. Here is the down and dirty on the new rules: Mercifully, the new regulations are not effective until December 1, which is at least longer than the 60-day period the DOL previously indicated.  The salary threshold is doubled to $47,476 per year or $913 per week. Currently, workers earning more than $23,660 per year are not eligible for overtime, if they also meet the various duties […]

Read full article
LinkedIn Google+

Tip Pooling – Are the Rules Changing?

Paul Klockenbrink contributes to the “Virginia Hospitality Law Blog” and is a frequent lecturer on employment law issues. A recent decision by a federal appeals court has sent minor, if not significant, shockwaves into the restaurant and hospitality industries that use tip pooling as part of their employees’ income. Under Section 203(m) of the Fair Labor Standards Act (“FLSA”), restaurants and other hospitality industry employers are permitted to utilize a limited amount of employees’ tips as a credit against their minimum wage obligations by using tips as “wages.” This practice is known as taking a “tip credit.” An employer can pay […]

Read full article
LinkedIn Google+

Rights of Deck and Balcony Collapse Victims in Virginia

For many apartment dwellers, a deck or balcony is their version of a backyard — a place they can privately savor a sunny day or cool evening. Occupants and visitors alike should be able to enjoy a deck or balcony with confidence in its stability. Over the last twenty years, however, there has been a massive race to build structures which included decks and balconies. Unfortunately, many of those decks and balconies were not built to appropriate building codes or were negligently constructed using inferior products or inadequate nails/fasteners. In some cases, owners and managers of properties have failed to […]

Read full article
LinkedIn Google+

Gentry Locke Partner S.D. Roberts Moore receives Roanoke Bar Association Frank W. “Bo” Rogers, Jr. Lifetime Achievement Award

ROANOKE, VA (May 2, 2016) – The Virginia law firm of Gentry Locke is very pleased to announce that S. D. Roberts Moore, Senior Litigation Partner, has been awarded the Frank W. “Bo” Rogers, Jr. Lifetime Achievement Award by the Roanoke Bar Association. Mr. Moore was presented with this award at the Law Day Luncheon of the Roanoke Bar Association. This award is presented to an outstanding lawyer who embodies the highest tradition of personal and professional excellence in Southwest Virginia and, in doing so, enhances the image and esteem of attorneys in the region. Mr. Moore joined Gentry Locke […]

Read full press release
LinkedIn Google+

Social Media and Human Resource Issues

Gentry Locke Partner Lindsey A. Coley and attorney Catherine J. Huff presented a workshop on Social Media and Human Resource Issues for businesses and members of the Smith Mountain Lake Chamber of Commerce. Lindsey discussed how companies are turning to social media for branding, client development and service, research, recruiting, and to improve employee engagement. However, the use of social media presents real challenges for employers. Discussed during the event was (i) whether and how to monitor and regulate employees’ social media use; (ii) the use of information obtained through social media in hiring, promotion, discipline and other decisions; (iii) Developing strategies for […]

Read more.
LinkedIn Google+

If You’re Buying a Business or Real Estate, Take Advantage of Due Diligence

What is due diligence? As an essential element of commercial transactions, due diligence is the process of investigating the target company or real estate prior to completion of the acquisition. For all forms of a business acquisition (or merger), the due diligence process will equip the buyer with additional knowledge, including but not limited to management, operation, financial perspective, structure, existing liabilities and contractual relationships, tax compliance, customer base, employees, and litigation or claims against the business. For real estate transactions, due diligence may include a review of the property’s title history, consideration of current and former uses and impacts […]

Read full article
LinkedIn Google+

Twenty-six Gentry Locke Attorneys Named “2016 Virginia Super Lawyers”

Twenty-six Gentry Locke attorneys have earned recognition as 2016 Virginia Super Lawyers and Virginia Super Lawyers Rising Stars. April 7, 2016 (Roanoke, Virginia): Gentry Locke is pleased to announce that seventeen attorneys were awarded status as Virginia Super Lawyers, and nine attorneys were recognized as Virginia Super Lawyers Rising Stars. Attorneys named to the 2016 Virginia Super Lawyers list are: J. Rudy Austin:  Civil Litigation (Defense) Thomas J. Bondurant, Jr.:  Criminal Defense/White Collar Matthew W. Broughton:  Personal Injury (Plaintiff) W. William Gust:  Tax Gregory J. Haley:  Business Litigation Guy M. Harbert, III: Personal Injury (Defense) Paul G. Klockenbrink:  Employer Litigation (Defense) Todd […]

Read full press release
LinkedIn Google+

Getting the Name Right on the Contract Really Matters

It sounds like the most simple and innocuous thing. Who could mess up the parties’ names on a contract? And, what’s the big deal if the name is not exactly right? Under Virginia law, it is a bigger issue than you might think. In particular, it is an issue that can rear its head when one or more of the parties is a corporation or limited liability company. Getting the name correct – that is, using the officially-registered corporate name – is necessary, and failure to do so can impact legal rights. For example, in Berglund Chevrolet, Inc. v. Thor […]

Read full article
LinkedIn Google+

Want to Build a Dam? Stop, Look, Ask, and Listen

What was once a simple decision to dam up a creek or stream and create a pond or small lake for agricultural or recreational purposes is no longer a simple decision. Rather, it is one that could be very expensive, complicated, and very disappointing. The construction of dams is now a highly regulated activity in the Commonwealth of Virginia. Over the last several years, landowners have had to face the proposition of reversing impoundment activities and draining existing lakes and ponds because of a failure to properly comply with the applicable dam rules and regulations. When permitting requirements exist, it […]

Read full article
LinkedIn Google+

Brownfields Initiatives: Challenges and Successes

Gentry Locke attorney Charlie Williams will co-present a session on brownfields initiatives at the INTERSECTION OF EMS, EHS, SECURITY, RESILIENCE AND ECONOMIC DEVELOPMENT conference presented by Aegis Environmental Inc., Gregori Consulting LLC, and Robert G. Burnley LLC. “Brownfields initiatives – Challenges and Successes” will be presented by Williams and David Sayre as part of the Economic Development/Expansion Preplanning section offered during the conference.

Read more.
LinkedIn Google+

Second State ESOP Transactions

Gentry Locke attorney Bill Gust will participate in an exploration of issues that arise in subsequent ESOP transactions related to share price, bank covenants and financial ratios. Discussion will include considerations by Plan Trustees as they make the purchase, including the decision of whether to use the same financial advisor or hiring a new appraiser to serve for the transaction.

Read more.
LinkedIn Google+

Jury Affirms Insurance Company Decision on Roof Repair Claim

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 County Circuit Court The plaintiffs sued their insurance company, claiming the insurance company wrongly denied coverage for replacement of an 8,800 square foot roof. They claimed their roof was irreparably damaged by a hailstorm. The insurer excluded the claim on the basis that the roof had eroded and was totally deteriorated prior to the hailstorm occurring, and therefore no hail damage was compensable. After a two-day trial, the jury came back with a verdict in favor of our insurance client.

Read case study
LinkedIn Google+

Gentry Locke Welcomes Associate Jennifer DeGraw

ROANOKE, VA (January 23, 2016) – Gentry Locke is pleased to welcome Jennifer S. DeGraw to our Roanoke, Virginia headquarters. Jennifer will join the firm’s Criminal & Government Investigations group, focusing on defending white-collar criminal matters in federal court. According to Thomas J. Bondurant, Jr., who leads Gentry Locke’s Criminal & Government Investigations group, “We are extremely fortunate to have convinced Jenny to join Gentry Locke. She is an extraordinarily talented lawyer who will be of great benefit to our clients.” Prior to joining Gentry Locke, Jennifer was a state prosecutor in North Carolina and a federal prosecutor in Virginia. […]

Read full press release
LinkedIn Google+

Gentry Locke Welcomes Associate Court Shipman to Lynchburg Office

LYNCHBURG, VA (January 27, 2016) – Gentry Locke is pleased to welcome J. Court Shipman to our Lynchburg office. Court will focus on assisting clients with their business and corporate needs. Prior to joining Gentry Locke, Court served as associate counsel to Liberty University, advising the university’s general counsel and various leaders on legal issues such as contract disputes, trademarks, Family Educational Rights and Privacy Act (FERPA), Americans with Disabilities Act (ADA), and state and local government compliance. Prior to his work at the university, Court served as a staff auditor for a major rail corporation, and held an internship […]

Read full press release
LinkedIn Google+

Advice to CIOs on Cyber Security Legal Issues

On January 27, 2016, Gentry Locke partner Todd Leeson presented a talk on Cybersecurity as part of a CIO Forum hosted by Cox Business.  The event was held at the Hotel Roanoke and attended by CIOs and executives of businesses in the Roanoke Valley.  Heather Engel, an Executive Vice President with Sera-Brynn, also served as a panelist at the Forum.    

Read more.
LinkedIn Google+

Don’t Get Snowed in by New DOL Pay Transparency Regulations

Like the roads in our region affected by 2016’s Winter Storm Jonas, the avenue of compliance for federal contractors has just become a little more treacherous. The Department of Labor’s Final Rule affecting federal government contractors’ policies on pay transparency went into effect on January 11, 2016. [1] The Rule, which implements Executive Order 13665, which was signed by President Barack Obama back in April 2014, is the DOL’s effort to promote pay transparency by barring policies of certain federal contractors which previously prevented workers from discussing their wages. Now, covered federal contractors are prohibited from firing or otherwise disciplining employees […]

Read full article
LinkedIn Google+

Replacement Cost Coverage is Not Your Friend

Some Advice for Business Owners with Commercial Insurance Policies Every business that owns or operates out of a brick and mortar location needs a commercial insurance policy for that building. This we can all agree on. But what happens when the insurance policy will pay out only after the policy holder replaces the destroyed property? What happens if the insurance company (surprise, surprise) decides it may not pay at all, based on policy exclusions? As a business owner, you can be left high and dry if you don’t have the capital to pay for the replacement up front. It is […]

Read full article
LinkedIn Google+

Gentry Locke Sr. Counsel Cynthia Kinser Inducted as Fellow of the Virginia Law Foundation

The Virginia Law Foundation inducted Gentry Locke Senior Counsel Cynthia D. Kinser into its 2016 Class of Fellows on January 21, 2016. Induction as a Fellow of the Virginia Law Foundation is a special honor conferred by the VLF Board on select Virginia attorneys, law professors, and retired members of the judiciary who are deemed to be outstanding in their profession and in their community. As Virginia’s first woman chief justice, Kinser spent 17 years on the Supreme Court of Virginia, with more than three of those years as Chief Justice. She joined Gentry Locke in May of 2015. Prior to her service […]

Read full press release
LinkedIn Google+

Approval for Eight Special Use Permits will Improve Wireless Communications in Montgomery County

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 a national wireless carrier Montgomery County Board of Supervisors After months of work by our Zoning and Land Use team, the Montgomery County Board of Supervisors unanimously approved eight special use permit applications that Gentry Locke filed on behalf of a national telecommunications carrier. The approvals granted by the Board of Supervisors authorize the carrier to upgrade existing wireless telecommunications equipment on eight cell towers located throughout Montgomery County, which will provide faster, 4G/LTE technology to consumers of two major wireless providers. Handling one such special use permit application can be challenging.  Having eight such applications pending at the same […]

Read case study
LinkedIn Google+

Fourteen Gentry Locke Attorneys Named to “Best Lawyers in America Business Edition/Winter 2016” by Best Lawyers

ROANOKE, VA (January 12, 2016) – Gentry Locke is pleased to announce that nine business attorneys and five plaintiff attorneys were listed in the “Best Lawyers in America – Business Edition Winter 2016” magazine published by Best Lawyers. “Best Lawyers in America” honors reflects exceptionally high marks – for talent, accomplishments and integrity – and is the product of a rigorous peer-review evaluation process conducted by Best Lawyers throughout the year. Gentry Locke attorneys who have merited “Best Lawyer in America” Business Edition 2016 honors are: J. Rudy Austin: Plaintiff’s Defense Thomas J. Bondurant, Jr.: Corporate Compliance Law, Criminal Defense: White-Collar Matthew […]

Read full press release
LinkedIn Google+

Insubordination Horror Story (a/k/a NLRB PCA Initiative)

How would you have handled the following personnel matter? A supervisor and HR director met with an employee to provide him with a first-level attendance counseling. The employee became quite angry and refused to sign the counseling document. He then told the supervisor that he was incompetent (and repeated this comment over and over). He stated (and restated) that management was a “bunch of liars” and complained about low pay for him and others. When management tried to discuss his concerns with him, he told them that he did not trust them and he continued his disparaging comments. The HR […]

Read full article
LinkedIn Google+

Gentry Locke Welcomes Associate Andrew Gay to Roanoke Office

ROANOKE, VA (January 4, 2016) – Gentry Locke is pleased to announce the addition of associate attorney Andrew O. Gay to our Roanoke headquarters. Andrew will work in the firm’s Commercial Litigation practice group, where he will primarily focus on assisting clients with construction contracts and construction litigation. Prior to joining Gentry Locke, Andrew served as Associate General Counsel for a multi-million dollar construction company, where he was tasked with protecting the interests of the company and its affiliates through handling contracts, employment and labor litigation, and dispute resolution. Andrew’s passion for the construction industry makes him a great fit […]

Read full press release
LinkedIn Google+

Gentry Locke Attorney John Reed Thomas Promoted to Partner

ROANOKE, VA (January 1, 2016) – Gentry Locke is very pleased to announce the promotion of attorney John Reed Thomas, Jr. to the position of Partner. John joined Gentry Locke in 2012 after serving as Defense Counsel for the U.S. Marine Corps, where he litigated more than 200 courts-martial and administrative separation proceedings. As a judge advocate, he litigated a variety of cases both as a defense counsel and prosecutor. As the Battalion Judge Advocate for 3d Battalion, 9th Marines during their deployment to Marjah, Afghanistan, John advised the commander on rules of engagement, operational law, fiscal law, and military […]

Read full press release
LinkedIn Google+
FacebookTwitterLinkedIn