Wednesday, December 19th, 2018
On October 19, 2018, Gentry Locke attorney Ben Law received the “Law Student of the Year Award” from the Memphis organization Neighborhood Preservation, Inc. for his work on the 2018 legislative amendments to Tennessee’s Neighborhood Preservation Act (“NPA”).
Photo: Brandon Dill
A 2018 graduate of the University of Memphis School of Law and former member of the school’s Neighborhood Preservation Clinic, Ben and a small team of Memphis attorneys drafted a comprehensive amendment to the NPA, which received statewide sponsorship and passed unanimously in both the Tennessee House of Representatives and the Senate. Among many changes were the ability to more easily obtain service of process on blighted properties, and a broadened definition of qualified receivers to take over the rehabilitation of such properties. Ben looks forward to seeing how the improved NPA will provide the City of Memphis and other communities across Tennessee more tools in the fight to eliminate blighted properties.
Wednesday, December 19th, 2018
ROANOKE, Va. (December 5, 2018) – The Virginia law firm of Gentry Locke is pleased to announce that Mary Kathryn Atkinson and Benjamin R. Law have joined the firm’s Roanoke headquarters as associates. Mary Kathryn will practice with the firm’s Personal Injury team and Ben will practice with the firm’s Business & Corporate team.
“We are proud to welcome Mary Kathryn and Ben to Gentry Locke,” said Monica Monday, Managing Partner of Gentry Locke.
A native of Pittsylvania County, Mary Kathryn graduated summa cum laude from William & Mary Law School where she achieved the distinction of Order of the Coif. She interned for both The Honorable Pamela L. Reeves at the U.S. District Court, Eastern District of Tennessee, and the Pittsylvania County Commonwealth’s Attorney’s Office. While in law school, Mary Kathryn was honored with the Wayne M. Lee Book Award, the Dean’s Writing Award, and four CALI awards. She was a frequent contributor to the William & Mary Environmental Law and Policy Review and a member of both the Phi Delta Phi honor society and The George Wythe Society of Citizen Lawyers. Mary Kathryn earned her undergraduate degree from the University of Virginia.
Raised in Roanoke, Virginia, Ben Law earned his law degree from the University of Memphis Cecil C. Humphreys School of Law. He served on the University of Memphis Law Review editorial staff, was honored with the Dean’s Award for Excellence, and received three CALI awards. Ben was a judicial extern for The Honorable Judge Jon P. McCalla at the U.S. District Court for the Western District of Tennessee. Before attending law school, he was a Senior Consultant at Deloitte and Touche, LLP. In 2018 Ben was named “Law Student of the Year” by the University of Memphis School of Law for his work with their Neighborhood Preservation Clinic, which included co-authoring the 2018 legislative amendments to Tennessee’s Neighborhood Preservation Act. In addition to his law degree, Ben holds B.S. and M.S. degrees in both Accounting and Information Systems from Virginia Tech.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg, and Richmond, Va., Gentry Locke serves clients in Virginia and across the U.S., as well as worldwide as a member firm of the ALFA International Legal Network. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Thursday, December 13th, 2018
“Wrap stars” of the ALA come through again!
On December 11, 2018 members of the Western Virginia Chapter of Association of Legal Administrators (ALA) delivered the results of this year’s toy drive for families being helped by The Rescue Mission of Roanoke.
Empty shelves in the toy pantry at the mission were quickly filled with gifts for families to come “shop” for gifts for their children. ALA members then wrapped the gifts for them and stored them for delivery on Christmas morning, when approximately 50-60 children will attend a feast and receive their surprise gift. Gentry Locke raised approximately $850 in cash and several sacks of toys. Gentry Locke is still collecting donations during December, which is needed to ensure all the children can receive a gift. This is the third year Gentry Locke has participated in the Toy Drive.
Gentry Locke Executive Director Frank Pittard and Human Resource heroes Kelly Stimart and Anita Mattox were on hand to deliver, wrap, and share holiday cheer with their fellow law firm administrators.
Tuesday, December 4th, 2018
Listed at #15; sole law firm on Top 25 list
Gentry Locke has again been named to the United Way of Roanoke Valley’s list of “Most Generous Workplaces.” We are listed as the 15th most generous workplace in the Roanoke Valley, and are the only law firm on the top 25 list. The list of Top 50 counts philanthropic contributions to the United Way workplace campaign made by both organizations and employees.
Gentry Locke receives a lot of awards and accolades throughout the year. We consider this placement a high honor. It speaks volumes about our caring people and how important we know it is to contribute to the wellbeing of our community.
Gentry Locke attorneys Kelsey Martin and Alicha Grubb led our 2018 United Way campaign. Staff and attorneys opened their hearts and their checkbooks for a total contribution of more than $34,000. Our 2018 participation surpassed that of 2017.
In an article published by The Roanoke Times, United Way Board chair Kerry Edmonds stated that the list represents companies whose “…investments of time, money and passion are making tremendous improvements in the health, education, and financial stability of our region.”
Saturday, December 1st, 2018
ROANOKE, Va. (December 1, 2018 ) – The Virginia law firm of Gentry Locke is pleased to announce that ten attorneys have been named “2018 Legal Elite” by Virginia Business magazine. The 2018 Legal Elite list is Virginia Business magazine’s 19th annual report. It is determined by peer votes and is divided into 18 specialties. The Gentry Locke attorneys listed as “Legal Elite” for 2018 are:
Virginia Business annually polls more than 14,000 attorneys in the Commonwealth, asking them to select from their peers the best lawyers in each practice category. This year, 1,062 lawyers submitted the names of 3,423 nominees. The 2018 list can be seen in its entirety here.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg and Richmond Va., Gentry Locke serves clients across Virginia and the Mid-Atlantic region. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Thursday, November 1st, 2018
ROANOKE, Va. (November 1, 2018) – The Virginia law firm of Gentry Locke is pleased to announce its inclusion in the 2019 “Best Law Firms” rankings published by U.S. News & World Report and Best Lawyers®. The firm secured rankings in 26 practice areas, including 18 rankings as Metropolitan Tier 1, which is the highest tier for regional recognition.
Metropolitan Tier 1 – Roanoke
Metropolitan Tier 2 – Roanoke
Metropolitan Tier 3 – Roanoke
The “Best Law Firms” rankings are based on results of an evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. All of the quantitative and qualitative data is combined into an overall “Best Law Firms” score for each firm. This data is then compared to other firms within the same metropolitan area and at the national level.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg and Richmond Va., Gentry Locke serves clients across Virginia and the Mid-Atlantic region. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Wednesday, October 31st, 2018
ROANOKE, Va. (October 25, 2018) – The Virginia law firm of Gentry Locke is pleased to announce that Roanoke partner K. Brett Marston was named to Virginia Lawyers Weekly’s 2018 class of “Leaders in the Law” and Roanoke partner Daniel R. Sullivan was named to the publication’s 2018 class of “Up & Coming Lawyers.” All 2018 recipients were formally honored during an awards ceremony on October 25.
Brett Marston (l) and Peter Vieth. Photo courtesy of Virginia Lawyers Weekly.
Now in its 13th year, Virginia Lawyers Weekly’s Leaders in the Law program recognizes attorneys who are setting the standard for other practitioners in Virginia. Leaders are named for changing the law, serving the community, changing practice, or improving Virginia’s justice system, among other accomplishments. The Up & Coming Lawyers program, now in its third year, recognizes attorneys across the commonwealth who are making their mark within their first 10 years of practice. These lawyers are considered to be the future leaders of the profession.
Marston chairs the firm’s Construction team, handling significant construction matters in federal and state courts, and arbitration and mediation for general contractors, subcontractors, owners, design professionals and suppliers. He has been very involved in the local and state legal community over the course of his career, having previously served as chair, treasurer, secretary, and on the Board of Governors of the Virginia State Bar Construction and Public Contracts Section; as president of the Roanoke Bar Association; and as chair of the Roanoke Bar Association Foundation trustees. Marston has represented the 23rd Judicial Circuit of Virginia as a member of the Virginia State Bar’s Bar Council since 2016. He is also dedicated to numerous community endeavors, serving on the Roanoke Symphony Orchestra Board of Directors and as a past member of the Hidden Valley High School Athletic Boosters Board and Roanoke Regional Chamber of Commerce Board.
Sullivan serves on Gentry Locke’s Business Litigation team. His work extends across several different litigation practice groups, and his experience includes business, insurance, product liability, and professional liability lawsuits. Sullivan represents public and closely held businesses in both straightforward and complex cases in state and federal courts. Sullivan currently serves on the board of the Federal Bar Association Moot Court Committee and as a member of the St. Andrew’s Catholic Church Adult Ministry, and volunteers for the Roanoke Bar Association’s Barrister Book Buddies program.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg and Richmond Va., Gentry Locke serves clients across Virginia and the Mid-Atlantic region. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring this website.
Wednesday, October 24th, 2018
Orus Ashby Berkley, et al. v. Federal Energy Regulatory Commission, et al. (FERC)
FOR IMMEDIATE RELEASE
Contact:
Mia Yugo, Yugo@gentrylocke.com, 540.983.9444
Thomas J. Bondurant, Jr., Bondurant@gentrylocke.com, 540.983.9389
ROANOKE, Va. (October 24, 2018): Landowners in Virginia and West Virginia filed a Petition for a Writ of Certiorari to the United States Supreme Court. The Petition seeks to appeal the judgment of the Fourth Circuit Court of Appeals. It seeks reversal by the nation’s highest Court on the lower courts’ subject matter jurisdiction to hear Petitioners’ constitutional challenges.
According to Mia Yugo, Gentry Locke attorney for the Landowners, “This case is about individual liberty, the separation of powers doctrine that secures that liberty, and the Constitution that dictates that separation. The right to private property secures our freedom from government overreach. It is not a ‘left’ issue or a ‘right’ issue. It is an American issue. And, the constitutional issues here affect the private property rights of all Americans—those who own property and those wish to own property.”
The two core constitutional issues here are (1) the separation of powers doctrine—which places restrictions on both Congress and administrative regulatory agencies like FERC—and (2) the right to private property, both of which, Yugo said, “are essential to the preservation of individual liberty.”
Petitioners in the action are individual landowners who challenged the constitutionality of the Congressional delegation of eminent domain power to the Federal Energy Regulatory Commission (“FERC”) under the Natural Gas Act, 15 U.S.C. § 717f(h). Petitioners alleged at the lower court level that Congress improperly delegated away its legislative power to FERC, a federal regulatory agency, and ultimately, to Mountain Valley Pipeline (MVP), a private entity, in violation of the federal non-delegation doctrine. As a result of that improper delegation of power, Petitioners alleged that the agency was permitted to create its own administrative test for determining “public use,” a test that Petitioners argue violates the Fifth Amendment, particularly in light of the U.S. Supreme Court’s interpretations of “public use” in Kelo v. City of New London, 545 U.S. 469 (2005).
Because the Fourth Circuit affirmed dismissal of the Petitioners’ constitutional challenges, Landowners are appealing to the United States Supreme Court for a Writ of Certiorari to reverse the judgment of the lower court. Certiorari is rarely granted, as the Supreme Court takes very few cases each year. “We are hopeful,” Yugo says, “because of the gravity of the issues involved, both with respect to the separation of powers doctrine and the right to private property, that the United States Supreme Court will take the case.”
Wednesday, October 10th, 2018
ROANOKE, Va. (September 30, 2018) – The Virginia law firm of Gentry Locke is pleased to announce that Caley A. DeGroote has joined the firm’s Roanoke office as an associate on the Personal Injury and Medical Malpractice teams, where she will assist with complex litigation matters.
Before joining Gentry Locke, Caley researched criminal and civil legal issues in preparation for hearings and trials as a law clerk for the Twenty-third Judicial Circuit Court. Prior to that, she analyzed legal issues and helped create opinions and legal orders as a summer intern for The Honorable J. Michelle Childs at the U.S. District Court for the District of South Carolina. Caley also previously held clerk and internship positions with law firms, as well as the U.S. Attorney’s Office for the District of South Carolina.
Caley earned her J.D. cum laude from Washington and Lee University School of Law, where she served as executive editor of and was published in the Washington and Lee Journal of Civil Rights and Social Justice, held the role of mock trial administrator for the Moot Court Board, and also placed highly in moot court competitions. She earned her B.A. cum laude from Furman University, where she was captain of the mock trial team and saw the team through two top-ten national finishes.
About Gentry Locke
With more than 55 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg and Richmond Va., Gentry Locke serves clients across Virginia and the Mid-Atlantic region. Meet the firm’s dynamic attorneys and learn more about our fierce drive to achieve success for our clients by exploring this website.
Friday, September 28th, 2018
The laws for restaurants regarding “tip pooling” (and other pay practices) can be complex and confusing. For example, did you know that the almost 900-page Consolidated Appropriations Act of 2018, which took effect March 23, 2018, contained a passage that also amended the “tip pooling” laws? Moreover, the statutory remedies for a violation of the “tip pooling” laws can be harsh, even for innocent mistakes.
In 2018 alone, the following restaurants paid large settlement amounts in Fair Labor Standards Act (FLSA) wage-hour collective action cases for allegedly violating tip pooling (and other FLSA) laws: Bob Evans ($3 Million); P.F. Chang’s ($2.65 Million); Houlihan’s ($5 Million); Landry’s ($1 Million); Farmers Restaurant Group in D.C. ($1.49 Million); Ruby Tuesday ($485,000); Serendipity #3 in NYC ($975,000); and Primanti Bros. ($2.1 Million).
As you may know, Gentry Locke Employment Law partner Todd Leeson and his colleagues have been representing Mac & Bob’s restaurant in Salem in the unfortunate tip pooling situation it faces. This is a cautionary tale for any restaurant. Here are some links regarding the case in the event you are not familiar with it:
It is challenging for a small business to stay abreast of all of the applicable (and ever changing) laws and regulations. This is especially true for restaurants, which typically do not have sufficient resources to hire lawyers or human resource professionals to audit their pay practices. But, given the risks, it would be prudent for business owners to invest some time to ensure that they are in compliance. Please contact Todd or any member of Gentry Locke’s Employment Law Team if we can help your business understand the wage-payment laws or other employment laws that govern your business.
