The Library

Gentry Locke Partner Todd Leeson is an associate member of the National Association of College and University Attorneys. He has represented private colleges in Virginia on employment law and student conduct issues (including Title IX sexual misconduct matters) for almost 20 years. Todd appreciates the work of Brad Tobias, a former associate at Gentry Locke, who assisted in the compilation of this article.  As the Virginia General Assembly convened in early 2015, there were high profile tragedies and stories regarding the important topic of protecting our college students from sexual assaults. Hannah Graham, a 19 year old student at UVA was murdered […]

Back in the old days (actually less than 10 years ago), most of your company’s important documents and communications were stored in a file cabinet. When your company became involved in a lawsuit and you needed to gather information, you would simply pull the relevant file folders, copy the contents and then provide those materials to your attorney. Welcome to the world of e-discovery. E-discovery is the process of collecting, analyzing, and exchanging electronic data during litigation or as part of a government investigation. Even for a small company, the e-discovery process can be extremely time-consuming and very expensive. Think […]

As anticipated, Governor McAuliffe has signed House Bill 2081. As described in our previous article, as of July 1, 2015, the right of employers in Virginia to access personal social media accounts of employees and job applicants will be restricted. Virginia now joins 18 other states with workplace social media login and password privacy laws. It will be important for employers to understand the limits this new law will impose, and to be sure steps are taken prior to July 1 to change policies and practices that may not be consistent with the new law. Should you have questions regarding this […]

Thomas J. Bondurant, Jr. is the Chair of Gentry Locke’s Criminal & Government Investigations group and served on the Special Committee on Criminal Discovery Rules. Under current Virginia state criminal procedures and laws, a defendant often has no idea what evidence will be presented by the Commonwealth Attorney or who may or may not testify against him/her at trial. Under Virginia law, a defendant is only entitled to know his own statements, his own criminal record, an incomplete accounting of certain documentary evidence that may be used at trial, and any evidence the state prosecutor considers exculpatory. Many responsible Commonwealth […]

As a potential buyer or tenant of real estate, there a number of items that are readily apparent and discernible when you visit a new piece of property or an existing building, such as the location, curb appeal, or price, but the need for a special exception is often overlooked until much later in the process. A “special exception” means a special use that is not permitted in the current zoning district and requires approval by the governing body of the jurisdiction where the property is located. To determine the need for a special exception, the answer depends on the […]

In this era of increasing sensitivity about the release of hazardous substances and other varieties of environmental contamination, industries are, or at least should be, concerned as to whether their liability insurance policies will afford them a defense against environmental claims that are not lawsuits filed in a court of law. Such claims generally come to the attention of management through the receipt of “potentially responsible party (PRP)” and “general notice” letters issued by the Environmental Protection Agency (EPA). The claims typically seek management’s “cooperation” in the EPA’s investigation of the release of hazardous substances at or from a site […]

The new law will prohibit an employer from requiring an applicant or an employee: (1) to disclose his/her user name and password to that individual’s social media account; or (2) to add an employer (supervisor or IT administrator) to the list of contacts associated with a social media account. Further, employers are prohibited (a) from taking action against or threatening an employee for “exercising his rights under this section” or (b) from refusing to hire someone for “exercising his rights under this section.” The statute contains a very broad definition of “social media accounts” but also contains important exclusions. “Social […]

According to the Fourth Circuit Court of Appeals and other federal circuits, the overtime calculation is significantly more employer friendly when paying salaried non-exempt employees. Keep in mind that just because an employee is salaried does not automatically mean that he or she is not entitled to overtime under the Fair Labor Standards Act (FLSA). The determination as to exempt or non-exempt is based on the actual duties performed – not whether the employee is paid a salary. The Fourth Circuit, joining several other courts as well as the Department of Labor, has held that salaried employees may only be […]

Gentry Locke Partner Todd Leeson is an associate member of the National Association of College and University Attorneys. 2014 was the year that sexual assaults of college students became an important part of our nation’s discourse. In the last year or two, there have been a flurry of new Federal laws, regulations, guidance documents, proposed laws, and initiatives on the topic. In my communications with College Title IX coordinators in Virginia and other interested parties, I have found that it has been challenging for them to keep up with these developments. This is a short article that provides a description […]