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Corporate Transparency Act Enforcement Still Paused Despite SCOTUS Grant of Stay

Articles

On January 23, 2025, the Supreme Court of the United States (SCOTUS) granted the Application for Stay filed by the government, led by Justice Alito—Justice Gorsuch concurring and Justice Jackson dissenting. This Grant of Stay marks an end to the December 5, 2024 injunction preventing the Financial Crimes Enforcement Network (FinCEN) from enforcing the Corporate Transparency Act (CTA) issued by the United States District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc. v. McHenry, case No. 4:24–cv–478 (formerly Texas Top Cop Shop v. Garland) pending the appeal in the United States Court of Appeals for […]

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Gentry Locke Partners Alicha M. Grubb and John M. Scheib Elected to New Virginia Bar Association Leadership Positions

News

ROANOKE | NORFOLK, Va. (January 24, 2025) – The Virginia law firm Gentry Locke is pleased to announce that Alicha M. Grubb and John M. Scheib have been elected into new leadership positions in 2025 for the Virginia Bar Association (VBA). Alicha will be the chair-elect of the VBA’s young lawyer division. John will be appointed to the VBA’s board at the annual meeting. The attorneys will be installed at the association’s annual meeting on January 23rd through the 25th. “We are excited to have Alicha and John serve the legal profession and get involved in our communities we care […]

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Employment Authorization Verification for U.S. Employers: Form I-9 Basics

Articles

In last year’s Presidential election, the problem of illegal immigration was often center stage. President-elect Trump made it clear that he would be aggressive in rounding up and deporting those who are not lawfully in the United States. During the first Trump Administration, the effort to combat illegal immigration included an increased use of workplace inspections of employers’ hiring records and practices by federal authorities.  There is every reason for employers to anticipate this same type of aggressive enforcement will be pursued following the second Trump inauguration. A focus on workplace hiring practices should come as no surprise.  According to […]

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The Complaint Giveth, but the Amended Complaint Taketh Away: Supreme Court Rules on Federal Jurisdiction

Articles

In Royal Canin U. S. A., Inc., v. Wullschleger, No. 23-677, 2025 U.S. LEXIS 365 (2025), the Supreme Court of the United States resolved a circuit split as to whether a plaintiff’s amendment of her complaint after the defendant’s proper removal to federal court can eliminate all federal claims and force remand to state court. This opinion, the Court’s first of 2025, clarifies that federal courts must remand if the amended complaint removes the basis for federal jurisdiction, even if jurisdiction existed at the time of removal. The plaintiff, Ms. Wullschleger, sued Royal Canin in Missouri state court, alleging deceptive […]

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Tangled in Vines: Understanding the Relation-Back Doctrine in Virginia

Articles

The relation-back doctrine plays a pivotal role in litigation, particularly when addressing amendments to pleadings after the statute of limitations has expired. In Virginia, this doctrine and its evolution through case law and legislation have created an intricate legal landscape, making it essential for practitioners to understand its nuances. The relation-back doctrine allows amendments to pleadings to be treated as though they were part of the original filing, provided specific conditions are met. This concept is crucial when the original complaint is filed before the statute of limitations expires, but amendments are sought afterward. The primary question is whether the […]

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Dismissal of Case Against Dr. Scott Ziegler

News

RICHMOND, Va. (January 16, 2025) – In light of today’s filing to dismiss the remaining criminal charge against Dr. Scott Ziegler, former Superintendent of Loudoun County Public Schools, Gentry Locke releases the following statement: “We have always maintained Dr. Ziegler’s innocence.  While this has been an incredibly painful process for him, we are grateful that he is going to be fully exonerated.” Gentry Locke’s representation of Dr. Ziegler was led by White Collar Defense partner Erin Harrigan. About Gentry Locke With over 80 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the […]

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U.S. Supreme Court Rejects Fourth Circuit’s Approach to FLSA Exemptions

Articles

On January 15, 2025, a unanimous Supreme Court ruled that the preponderance of the evidence standard should be used by courts when determining whether an employer has proven that an employee is exempt and not eligible to be paid overtime.[1] Justice Kavanaugh began his opinion by noting that under the Fair Labor Standard Act (“FLSA”) certain categories of employees are exempt from the minimum wage and overtime pay requirements. Exempt employees “can range from baseball players to seaman to maple syrup processors to software engineers to fire fighters.” The FLSA places the burden on the employer to show that an […]

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Updated 2025 “Low Wage” Salary Levels for Virginia Non-Compete Agreements

Articles

As a reminder, Virginia is one of eleven states (along with Washington, D.C.) that imposes restrictions on the use of non-compete agreements for so-called “low wage employees.” Effective now in 2025, the salary threshold defining a “low wage employee” in Virginia has increased from $73,320 to $76,081 annually. This adjustment reflects changes to the state’s Average Weekly Wage, as determined by the Virginia Department of Labor and Industry (DOLI). Employers should take note of this updated threshold to ensure compliance with Virginia law regarding non-compete agreements. For a deeper understanding of the “low wage” salary restrictions and how the annual […]

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Gentry Locke’s Melissa O’Boyle Named to Influential Women Class of 2025 by Virginia Lawyers Weekly

News

NORFOLK, Va. (January 14, 2025) – The Virginia law firm Gentry Locke is pleased to announce that partner Melissa O Boyle has been selected as a member of the Virginia Lawyers Weekly Influential Women of Law Class of 2025. Melissa joins partners Monica Monday, Karen Cohen, Kathleen Wright, Ashley Winsky, and Erin Harrigan who have previously won this award. This award honors outstanding women lawyers and judges who are making a difference in their profession, their communities and the Commonwealth. The honorees will be celebrated at an awards ceremony at the John Marshall Ballrooms in Richmond on February 20th. “Melissa […]

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