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OSHA Emergency Temporary Standard for employers with 100 employees: Preliminary Insights

Articles

As you likely know, Federal OSHA has published its new Emergency Temporary Standard (ETS) that requires private employers with more than 100 employees to mandate COVID-19 vaccines, or require at least weekly COVID testing for unvaccinated employees, among other things.  Here is some preliminary information for employers. Basics:  The ETS was published in the Federal Register on Friday November 5, 2021.  See the link below to the OSHA Website.  OSHA has published several documents to assist including an executive summary, FAQs, and sample policies. https://www.osha.gov/coronavirus/ets2 The ETS requires that employees be fully vaccinated by January 4, 2022 or have a […]

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Gentry Locke Welcomes John P. Brown to its Richmond Office

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RICHMOND, Va. (November 8, 2021) – The Virginia law firm, Gentry Locke is pleased to welcome John P. (J.P.) Brown to its Richmond office. Brown will work in the firm’s insurance litigation practice. “J.P.’s litigation experience and knowledge of Virginia’s state and federal courts will be a tremendous asset to our clients. We are very excited to have him join our growing litigation team Richmond,” said Managing Partner, Monica T. Monday. Brown joins Gentry Locke from an Am Law 200 firm, where he litigated cases in the United States District Courts for the Eastern and Western Districts of Virginia. He […]

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Gentry Locke Recognized by U.S. News – Best Lawyers® “Best Law Firms” 2022 in 31 Practice Areas

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ROANOKE, Va. (November 4, 2021) – The Virginia law firm of Gentry Locke is pleased to announce its inclusion in the 2022 Best Law Firms rankings published by U.S. News & World Report and Best Lawyers®. The firm secured rankings in 31 practice areas, including 17 rankings as Metropolitan Tier 1, which is the highest tier for regional recognition. The firm’s list of rankings can be found below and on the Best Law Firms website. Metropolitan Tier 1 – Roanoke Antitrust Law Appellate Practice Banking and Finance Law Commercial Litigation Construction Law Corporate Law Employee Benefits (ERISA) Law Employment Law […]

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Gentry Locke Welcomes Five Attorneys in Roanoke and Richmond

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ROANOKE, Va. (October 25, 2021) – The Virginia law firm Gentry Locke is pleased to announce the addition of five new lawyers. Jasdeep Singh Khaira and Patrice L. Lewis have joined the firm’s Richmond office, and Charlie D. Morrison, Haley D. Santos and William L. Spotswood have joined the firm in Roanoke. Khaira has joined the firm’s Energy and Environmental practices. While in law school, he worked as a full-time legal extern for the U.S. Environmental Protection Agency in Colorado. He also served as a clerk with the Sierra Club’s Environmental Law program and as a legal clinician with the […]

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Greg Haley Inducted as a Fellow of the Roanoke Law Foundation

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The Roanoke Law Foundation has inducted Gentry Locke Partner Gregory J. Haley as a Fellow. Induction as a Fellow is a special honor awarded to selected Virginia attorneys, law professors, and retired members of the judiciary who are deemed to be outstanding in their profession and in their community. The Roanoke Law Foundation serves as the public service and philanthropic arm of the Roanoke Bar Association for the purpose of supporting, improving and facilitating the administration of justice and providing and supporting law-related education. This mission is to be accomplished by raising funds to provide grants and other financial assistance to individuals and other organizations […]

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Gentry Locke’s Todd A. Leeson and D. Scott Foster Jr. Honored by Virginia Lawyers Media

News

ROANOKE, Va. (September 14, 2021) – The Virginia law firm Gentry Locke is pleased to announce that Roanoke partner Todd A. Leeson was named to Virginia Lawyers Weekly’s 2021 class of “Leaders in the Law” and Richmond associate D. Scott Foster Jr. was named to the publication’s 2021 class of “Up & Coming Lawyers.” All recipients will be honored during an awards ceremony on October 19 and will be profiled in the publication. Now in its 16th year, the Virginia Lawyers Weekly Leaders in the Law awards recognize lawyers across the commonwealth who are setting the standard for other Virginia […]

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Gentry Locke Welcomes Jessiah Hulle to its Roanoke Office

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ROANOKE, Va. (August 07, 2021) – The Virginia law firm Gentry Locke is pleased to announce the addition of associate Jessiah Hulle to its Criminal & Government Investigations Group in Roanoke. Hulle will work with clients on white-collar criminal defense matters in federal courts. Prior to joining the firm, Hulle served as a law clerk to the Honorable Mary Grace O’Brien of the Court of Appeals of Virginia. During law school he served as a student attorney with the Commonwealth’s Attorney’s Office for Augusta County and as an intern for both the United States Attorney’s Office for the District of […]

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Are Attorney’s Fees Recoverable In Fraud Cases?

Articles

Virginia follows the American Rule regarding attorney’s fees, which provides that parties must typically pay their own fees and costs in litigation; a prevailing litigant cannot collect its fees from the losing litigant. However, there are some exceptions. For example, a governing statute might include a fee-shifting section. Or, the litigants’ contract might include a similar clause. There is also a judicially-crafted exception that can apply in fraud cases. The exception has its roots in the case of Prospect Development Company v. Bershader, a 1999 decision by the Supreme Court of Virginia. There, the Court largely affirmed the trial court’s […]

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29 Gentry Locke Attorneys Recognized by The Best Lawyers in America© 2022

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Gust, Leeson and Worthy Selected for “Lawyer of the Year” Awards   ROANOKE, Va. (August 19, 2021) – The Virginia law firm Gentry Locke is pleased to announce that 29 of the firm’s attorneys were recognized in The Best Lawyers in America© 2022, a national legal ranking. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in numerous legal practice areas, including appellate, banking and finance law, bet-the-company litigation, commercial litigation, criminal defense, employment law, insurance law, medical malpractice law, real estate law, tax law, trusts and estates, and others. In addition, W. William Gust (Employee […]

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Promissory Fraud Claims in Virginia

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A coal company makes a promise to a coal miner: “We will pay you $30 per ton of coal you deliver.” The coal miner then delivers the coal, but the coal company pays the miner only $15 per ton. The coal miner then sues the coal company. Does the miner have a claim for breach of contract? For fraud? Or for both? As with so many legal questions, the (maddening) answer is: it depends. Virginia law has strived to draw a distinction between contract and fraud claims, for perhaps obvious reasons. Take the facts above. The company’s failure to fulfill […]

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