The Library

Commercial landlords and tenants should be aware of a Virginia law that could invalidate long-term leases in Virginia. The Supreme Court of Virginia recently ruled that a 15-year commercial lease was unenforceable because it did not include a seal or seal substitute. See, Game Place, L.L.C. v. Fredericksburg 35, LLC, 295 Va. 396 (2018). The Court reviewed the applicability of a Virginia law that requires leases with a term longer than five years to be in the form of a deed and include either a seal or a seal substitute. Seal substitutes include, among other things, an imprint or stamp […]

While its name may suggest it is a vestige of Virginia’s legal history, a motion craving oyer remains a powerful, but limited tool in Virginia practice. When a plaintiff sues based on a written contract or other document but fails to attach it to his complaint, a defendant should consider “craving oyer” of the document. “[A] motion to crave oyer is a request of the Court to require that a document sued upon, or a collateral document which is necessary to the Plaintiff’s claim, be treated as though it were part of the Plaintiff’s pleadings.” Ragone v. Waldvogel, Poe and […]

Using Sworn Testimony in Support of a Motion for Summary Judgement in Virginia Circuit Courts One of the biggest distinctions between federal practice and Virginia practice is that, in Virginia practice, summary judgment cannot be based upon deposition testimony. However, that doesn’t necessarily mean that all previously given sworn testimony is off-limits. Rule 3:20 of the Rules of the Supreme Court of Virginia states, in part: No motion for summary judgment or to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the action shall […]

Gentry Locke employment law partner Todd Leeson recently published an important article for business executives. The article was inspired by contrasting images of women in an upscale steakhouse. Todd implores executives to take action to ensure a culture of respect in the workplace. Read the formatted PDF of the article Reprinted with permission from the April 27, 2018 edition of CorporateCounsel© 2018 ALM Media Properties, LLC. All rights reserved. Picture an upscale steakhouse in a bustling downtown of a mid-size southern city—a swanky joint where every night hundreds of patrons happily pay $50+ for a delicious steak, and $15 for […]

Bill Gust is a Senior Tax Partner with Gentry Locke. For more than 30 years, Bill has worked with closely held business owners relative to tax, employee benefits, corporate, and sophisticated estate planning matters. With his expertise in implementing business succession strategies, Bill has assisted in the successful transition of many privately held businesses, through sales, mergers and implementation of numerous ESOPs. The Tax Cuts and Jobs Act (the “Act”) will bring significant changes to many areas of the tax law affecting individuals and businesses beginning January 2018 through 2025. In 2026, the pre-Act rules are scheduled to come back into effect. This […]

Glenn Pulley, a Partner in our Lynchburg office, was raised in Southampton County in eastern Virginia, where his family gardened, raised chickens, fished, and hunted quail. As a resident of Danville with clients around the region, he appreciates and supports the efforts of area farmers who make his commute such a pleasure. Agritourism not just a hobby. A reputable survey has revealed that in 2015 visitors to Virginia’s agritourism farm businesses spent an estimated $1.5B throughout the state. Approximately 17% of the $1.5B total was spent at the agritourism venues; the remaining 83% was spent outside the venues (e.g. hotels, restaurants), but […]

The Occupational Safety & Health Administration (“OSHA”) recently released its annual workplace safety violations report for the fiscal year ending September 30, 2017. Overall, the number of safety violations is down across the board as employers continue to focus on improving safety. Understanding where problems are likely to arise based on the violations found during fiscal year 2017 can help employers better focus their efforts to improve safety going forward. The top ten (10) sited violations as recently announced by OSHA are as follows: Fall protection. There were 6,072 fall protection violations in the construction industry. While the number of […]

In September of 2017 the Equal Employment Opportunity Commission (“EEOC”) filed 86 new lawsuits against employers. This is the largest number of lawsuits filed by the EEOC in a single month in the past six years, and represents 45% of the lawsuits the EEOC filed during all of fiscal year 2017.[1]  Thirty-six (36) of these lawsuits include claims of disability discrimination, with at least 10 targeting leave and other policies that are alleged to have been inflexibly applied, and others challenging pre or post-offer medical inquiry examinations that the EEOC believes improperly screened out disabled workers. There were 17 lawsuits […]

Charlie Williams joined Gentry Locke in 1970 and heads the firm’s Environmental Law practice. His work includes advising corporate and municipal clients in the areas of environmental compliance, including enforcement and environmental tort litigation. He has extensive experience in contaminated land renewal and the management of environmental aspects of mergers and acquisitions. Everyone in the country that operates a business or owns property should be mindful of impending regulatory action regarding newly identified contaminants. These “emerging contaminants” are generally described as per- and polyfluoroalkyl substances (“PFASs”) which are perfluoroalkyl acids that have been commonly and widely used in the United […]