News, Events, Seminars & Articles by Gentry Locke Attorneys

FTC Wastes No Time – Takes Enforcement Action While Proposing Nationwide Rule to Invalidate Noncompete Agreements

Articles January 2023

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 […]

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FTC’s Proposed Rule to Ban Noncompete Agreements – Initial Reactions

Articles January 2023

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 […]

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Gentry Locke Welcomes Former Federal Prosecutor Melissa E. O’Boyle to Its Criminal & Government Investigations Group

News January 2023

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 […]

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What if the STB Greenlights Its Small Rate Case Arbitration Proposed Rule?

Articles January 2023

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Gentry Locke Welcomes Employment & Labor Attorney Harrison E. Richards

News January 2023

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 […]

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Your Client Has Been Named as a Defendant in a Civil Lawsuit Filed More Than a Year Ago: Now What?

Articles January 2023

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 […]

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Gentry Locke Names Four New Partners

News January 2023

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 […]

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Gentry Locke Attorneys Announces Leadership Updates for 2023: Names K. Brett Marston Managing Partner, and Monica T. Monday Chair of Executive Board

News January 2023

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 […]

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Former Virginia Transportation Construction Alliance Executive Vice President Jeffrey C. Southard Joins Gentry Locke

News January 2023

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 […]

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Avoiding Pitfalls in Article 9 Financing Statements

Articles December 2022

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 […]

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