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Supplemental Authority on Appeal: Rules and Considerations Article

Supplemental Authority on Appeal: Rules and Considerations

Articles

Despite a set schedule, appellate briefing is not necessarily closed prior to decision.  Even after oral argument, a party may submit “supplemental authorities” by letter to the clerk.  This letter is not limited to just citing the new authority—argument is ok too. The rules for submitting supplemental authority are similar across the Court of Appeals of Virginia, the Supreme Court of Virginia, and the Fourth Circuit. The “authority” cited must be “pertinent and significant.”  Temporally, it should “come to a party’s attention” (i) after the party’s petition/brief was filed or (ii) after oral argument, but before decision; the letter must […]

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The DOL’s New Employee-Friendly Independent Contractor Rule Article Graphic

The DOL’s New Employee-Friendly Independent Contractor Rule

Articles

Earlier this month, the Department of Labor (DOL) issued a new final rule intended to be effective March 11, 2024 that will address when a worker can be properly classified as an independent contractor. The misclassification of workers has been an issue of concern for several years, especially for worker-right advocates, which led to new legislation being passed in Virginia and many other states.[1] On the other hand, many business groups, especially those which rely heavily on independent contractors, such as those in the trucking and construction industry, and others in the gig-economy, are concerned that the new regulations unfairly […]

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2024 CMMC Compliance for Defense Contractors Lunch and Learn

Events

  Join us for a complimentary lunch and learn seminar on March 12th to discuss how your company can prepare for CMMC compliance. With the CMMC proposed rule now published, CMMC requirements will begin appearing in defense contracts by 2025. Because it takes 12-18 months on average to become CMMC compliant, contractors must prepare now to be eligible for future contracts. Attorney John Danyluk, who specializes in government contracting and cybersecurity compliance, will lead a panel discussion with leaders from CloudFit Software, a DoD cybersecurity company. The presentation will focus on major compliance and implementation concerns, including the timing of […]

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2024 Employment Law Symposium

2024 Employment Law Symposium: The New Era of HR Tour

Events

Join us for “The New Era of HR Tour” as we take a page from icon Taylor Swift to explore the evolving world of employment law. From “Fearless” compliance to “Red”efining workplace regulations, this seminar will tune you into the latest HR laws and trends and help you stay “Out of the Woods.” Are you “Ready for It?” Only two dates in two cities! Don’t miss your ticket to this must-see HR event!   Lynchburg: Tuesday, April 2, 2024 The Virginian Hotel Roanoke: Friday, April 5, 2024 The Hotel Roanoke Early Bird Rate: $260 (register by March 1), Regular Rate: […]

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Do I Need an Autopsy for a Medical Malpractice/Wrongful Death Lawsuit?

Articles

Our firm is often asked whether it is necessary to have an autopsy performed on your family member if he or she passes away, and you suspect that medical malpractice was the cause of your loved one’s death. The short answer is, that it is not a legal requirement in Virginia; however, wrongful death attorneys will agree that it is highly recommended. A wrongful death claim based upon medical malpractice is a claim that is brought when a family member dies as a result of the negligence of a healthcare provider. To have a meritorious medical malpractice action in Virginia, […]

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New Cybersecurity Requirements For Healthcare Providers and Hospitals Article

New Cybersecurity Requirements For Healthcare Providers and Hospitals

Articles

On December 6, 2023, the United States Department of Health and Human Services (HHS) initiated new cybersecurity requirements for hospitals in an effort to protect the healthcare sector from cyber-attacks. Hospitals and healthcare providers are particularly attractive targets for threat actors due to their size, dependence on technology, and access to data (including sensitive health-related data). Because sophisticated hackers appreciate the massive disruption and harm that an attack could cause to a healthcare provider and their data subjects, ransomware attacks are the weapon of choice for these threat actors. Gentry Locke is an experienced cybersecurity law firm that has data […]

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The Driver Who Crashed into Me Is High Article

“The Driver Who Crashed into Me Is High”: How Defendant’s Marijuana Use Can Impact Your Virginia Motor Vehicle Personal Injury Case

Articles

Virginia has recently decriminalized the possession of four (4) ounces or less of marijuana.[1]   Police in Virginia can no longer “stop, search, or seize any person, place, or thing” based “solely” on “the odor marijuana.”[2]  Virginians now frequently encounter the distinctive “skunk-like” odor of marijuana in public places.  Alarmingly, Virginians also encounter that odor, sometimes accompanied by visible smoke, emanating from vehicles operating on public roadways.   This is so even though it remains a crime for any person—driver or passenger—to use marijuana “in a motor vehicle being driven upon a public highway of the Commonwealth.”[3]  Gentry Locke’s personal injury attorneys […]

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In Memory, Mike Pace

Mike Pace: Citizen Lawyer

News

Mike Pace admired Atticus Finch. No doubt Mike aspired to live like Atticus Finch. To many, Mike Pace was Atticus Finch. And if you ever met Mike, you know that he enjoyed talking about Atticus and all that Atticus stood for in the legal world and in the real world. For those of us who had the pleasure of knowing Mike, in working with him in practice, and in watching him operate in the community and the bar, he may be as close to Atticus as we will ever know. To describe the impact and the influence that Mike seamlessly […]

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Corporate Transparency Act

Corporate Transparency Act Notification and Facts

Articles

Dear Gentry Locke Clients: This letter is to notify you of a significant change in federal law that will impact nearly everyone operating a business through a legal entity such as a corporation, limited liability company, limited partnership or other similar entity. The Corporate Transparency Act (the “CTA”) became effective on January 1, 2024, and all required companies should be prepared to comply with the new reporting requirements. The CTA requires specific private companies that meet the CTA criteria of a “reporting company” (“Reporting Company”) to file informational reports with the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) […]

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2024 Top Lawyers Lynchburg

Gentry Locke Partners Glenn W. Pulley, Herschel V. Keller, and Andrew O. Gay Named Lynchburg Business “2024 Top Lawyers”

News

LYNCHBURG, Va. (January 5, 2024) – The Virginia law firm Gentry Locke is pleased to announce that partners Glenn W. Pulley, Herschel V. Keller, and Andrew O. Gay were selected for inclusion on Lynchburg Business magazine’s “2024 Top Lawyers of Greater Lynchburg” list. The ranking recognizes the “best of the best” in the region’s legal community. Pulley was named for Business Law. Since Pulley’s career began in 1976, he has tried more than 150 civil jury trials for plaintiffs and defendants involving personal injury/property damage, product liability, commercial, construction, employment, estates, and eminent domain. Glenn’s trial experience has helped many […]

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