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Heavy Duty Towing and Recovery

Thursday, January 25th, 2024

Heavy Duty Towing and Recovery involves the safe and quick clearance of large casualties and sometimes hazardous materials left behind after a heavy vehicle accident.

Heavy Duty Recovery Operators act essentially as first responders in order to clean up Virginia’s roadways in order to keep motorists safe and allow commerce to flow freely. For example, these individuals assist with the safe and expedited clearing of:

  • Large Trucks
  • Hot Shots and Car Haulers
  • Tractor-Trailers
  • Large and Heavy Equipment
  • Buses
  • Airplanes
  • Construction Materials
  • Hazardous Waste
  • Liquids
  • And all manner of cargo from frozen chicken to tomatoes to rolls of paper.

Gentry Locke’s Heavy Duty Recovery team is handled by attorneys who know this industry inside and out. Alicha Grubb has even completed the T.R.I.P. I and II required training. These attorneys provide comprehensive representation and counseling on a broad range of commercial matters to assist Operators with the following:

  • Collecting invoices from the owner, lessee, and insurance company involved
  • Pursuing MCS-90 payments
  • Negotiating and drafting regulations and laws that affect the towing and recovery industry in partnership with our Government and Regulatory Affairs team
  • Advising on Virginia’s lien process

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Real Estate Litigation

Monday, February 22nd, 2021

We litigate and try cases involving a variety of real estate contracts and property rights.  These matters have involved both commercial and residential real estate.  We have experience litigating and trying cases involving breaches of contract, specific performance of real estate contracts, recorded easements, lease interests and title-related matters.  We have recovered damages for contract breaches, obtained specific performance orders and been granted injunctions to protect our clients’ property rights and interests.

Specific matters have included:

  • Residential real estate contracts:  contingencies involving financing, home inspections, repair obligations, obligations to close.
  • Commercial real estate contracts and leases:  commercial lease renewal and termination issues;  shopping center leases, including rights of anchor tenants.
  • Cell tower leases:  denial of access by landowners to cell towers resulting in injunctions in favor of cellular service providers.
  • Easements:  scope and location of easements, including recorded easements and easements of necessity for landlocked property.

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Internal Investigations

Tuesday, February 9th, 2021

Corporations are being scrutinized today as never before and are under increasing pressure to self-report corporate wrongdoing. When a company becomes aware of potential misconduct, a thorough and efficient investigation of the alleged wrongdoing can be the difference between coming under the criminal microscope and successfully addressing and navigating the issue. Our team recognizes the sensitive nature of these matters and can advise you whether the situation needs to be disclosed to the authorities and at what point in time that needs to be done. You can rely on our extensive experience to guide you through the entire process.  When conducting investigations, we often advise companies on corporate governance issues and compliance programs. Our attorneys have the ability to call on other Gentry Locke attorneys with regulatory experience in virtually every substantive area of law and to coordinate with seasoned investigators and consultants, many of whom have had distinguished careers with federal law enforcement agencies.

We offer our clients the following services:

  • Conduct internal investigations for corporations facing investigations in highly regulated areas, such as healthcare, COVID/pandemic response, government contracting, securitiesantitrust, financial, retail and manufacturing, construction, and environmental and natural resources
  • Advise and represent businesses and individuals called to provide testimony in criminal investigations, including responses to subpoenas, grand jury testimony, and discussions with prosecutors
  • Coordinate electronic discovery and electronic document retention and production

Increased regulatory oversight is a reality for corporations and individuals in nearly every business sector of the economy.

The need to ensure compliance with these regulations on both industrial and governmental levels has never been more crucial. Professionals in industries such as insurance, healthcare, government contracting, natural resources, banking, securities, and financial industries routinely turn to our firm for guidance, particularly when charged with or suspected of a violation of criminal, regulatory, or tax laws.

Tom Bondurant, Jennifer DeGraw, and Erin Harrigan have tried several hundred criminal jury and bench trials between them, and have conducted thousands of investigations. With a former Chief of the Criminal Division of the Western District of Virginia U.S. Attorney’s Office and former state and federal prosecutors on our team, we are uniquely positioned to address any concerns faced by our clients.  Our attorneys work closely with our clients at all stages of representation to ensure that no avenue of action is left unexplored.

The best victory involves persuading the government not to file charges against our clients, because litigation is increasingly expensive. When litigation is warranted, we have the resources and dedication to mount a vigorous defense on nearly any subject matter. Our attorneys are also experienced in negotiating favorable settlements or, when in the best interests of the entity and officers, assisting in the decision of whether or not to accept a plea bargain.

We dedicate ourselves to our clients at every stage of these matters:

  • Investigations and regulatory enforcement under the False Claims Act, marketing and advertising regulations, pharmaceutical regulations, healthcare fraud, bribery and kickbacks, Food, Drug & Cosmetic Act violations (foodborne illness), securities enforcement, government contracting, public corruption, racketeering (RICO), tax violations, Arms Control Act & Espionage Act, national security matters, Foreign Corrupt Practices Act, and financial fraud and money laundering
  • Corporate internal investigations into suspected or known violations of state or federal laws and regulations
  • Corporate and individual defense in grand jury investigations and criminal prosecutions, as well as related civil parallel proceedings
  • Representation and defense of inquiries or charges at local, state, and federal level, including responses to subpoenas, grand jury investigations, and appearances associated with congressional investigations
  • Corporate compliance and proactive identification of issues for key executives and governing Boards designed to help avoid violations of law, including appropriate action needed in response to new legislation
  • Filing and representation in qui tam actions, many in conjunction with federal and state governments and regulatory agencies
  • Identification and implementation of corrective actions to minimize legal risk and exposure, including self-reporting to regulatory agencies
  • Representation of individuals charged with criminal violations in federal and state court
  • Retain and control records for production in response to grand jury subpoenas, agency requests, and litigation demands
We encourage you to review the personal pages of the attorneys in our Internal Investigations Group for additional information and then contact us to discuss your  legal needs.

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Transportation

Sunday, February 7th, 2021

We’ll Keep You Moving

Transportation companies spend too much time navigating legal obstacles. Those obstacles are a persistent distraction; they keep planes in hangars, trucks in yards, boats in harbors, and trains in stations. That is where we come in.

At Gentry Locke, we work diligently to keep transportation companies moving forward. And we have assembled a team to do just that. Our Transportation group includes regulatory, transactional, and litigation attorneys who navigate legal roadblocks so our clients can focus on moving our economy forward.

Whether you transport by road, rail, sea, or air, our multi-disciplined attorneys can help.

Getting Down the Road – Trucking. We work with interstate and intrastate motor carriers, owner-operators, and self-insured transportation companies to keep the wheels of commerce turning. Our attorneys represent transportation companies in rapid response, casualty litigation, commercial contracts, contract disputes, workers’ compensation, employment law, insurance coverage, and general business matters. Our team includes an attorney with a Commercial Drivers License.

Staying On Track – Rail. We blend extensive knowledge of the industry with legal acumen to work with railroads of all sizes to keep the steel wheels rolling. Our team members have worked in the business, including as chief legal officer of a Class I railroad. Our practice extends to regulatory issues at the Surface Transportation Board, questions of federal preemption, transactional matters such as contracts, mergers and acquisitions, legislative matters, and litigation.

Flying Forward – Aviation. We regularly assist aviation clients with transactional, regulatory, investigation and litigation matters associated with their operations. Members of our team have extensive experience in high profile aircraft accident investigations and litigation, aircraft financing and leasing, aviation regulation, and policy and business aviation issues. We don’t just talk law, our team includes a pilot with real knowledge of the industry.

In short, we provide comprehensive representation and counseling on a broad range of commercial matters to help transportation companies, including with the following:

 

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Solar & Renewable Energy

Sunday, February 7th, 2021

As our energy needs grow and businesses, consumers, and government moves towards more clean renewable energy, Gentry Locke is at the forefront of these fundamental changes in the energy markets. Whether you’re a solar developer looking to obtain approvals to develop new energy resources, a company looking to access renewable energy, or a landowner looking to maximize the value of your property, Gentry Locke can help.

As legislative counsel to Virginia’s leading renewable energy trade associations, Gentry Locke has helped modernize Virginia’s solar laws to create and define the solar energy markets in Virginia.

As legal counsel to many of the world’s largest solar companies, Gentry Locke has advanced solar development in numerous jurisdictions throughout Virginia. We know how to navigate not only state and federal law, but also the increasing complexities of obtaining local approvals for new solar developments. Gentry Locke works directly in localities across the Commonwealth.

We represent numerous large-scale energy buyers and their trade associations as they work to procure clean, renewable energy to meet their corporate goals in a responsible but cost-effective manner. We also help create state legislative and regulatory policies to help Virginia meet the renewable energy requirements of economic development prospects and existing businesses in the Commonwealth.

The energy revolution is here. Let Gentry Locke guide you into the future of renewable energy in Virginia.

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Bankruptcy/Creditors’ Rights

Sunday, February 7th, 2021

Gentry Locke’s bankruptcy lawyers put creativity and energy to work for the lenders and financial institutions we serve. Our bankruptcy lawyers are litigators; we go to court. We represent banks, commercial and asset-based lenders, unsecured creditors, official committees, landlords, asset purchasers and others in bankruptcy matters. We routinely help clients in work-outs and business reorganizations.

Some of the matters for which we provide assistance are:

  • Representation of institutional lenders
  • Cash collateral-use litigation
  • Negotiation of debtor-in-possession financing
  • Lien priority and avoidance litigation
  • Defense of voidable preference actions
  • Claims litigation
  • Dischargeability litigation
  • Automatic stay litigation
  • Chapter 11 business reorganizations and liquidations
  • Negotiation and litigation of complex bankruptcy tax law issues
  • Litigation of executory contract and unexpired lease issues
  • Advice on problem loans
  • Out-of-court work outs
  • Fraudulent transfer litigation
  • Bankruptcy appeals
  • Representation of “stalking horse” interests in Chapter 11 cases
  • Section 363 sales
  • Litigation of ERISA issues
  • Environmental issues

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Data Privacy & Cybersecurity

Sunday, February 7th, 2021

Gentry Locke’s Cybersecurity team provides a broad range of services to companies seeking help with privacy, data/information security, and cybersecurity issues. We assist businesses in putting policies and procedures into place to protect sensitive information and to ensure compliance with governmental regulations regarding data security particular to each industry, and determining appropriate responses to breaches of data or other corporate security violations.

No business that handles customer, client, or patient information is completely immune from these attacks. However, with Gentry Locke’s team of advisors, they can be proactive, prepared, and appropriately responsive.

Areas of Focus:

  • Management of and responding to data breaches
  • Advising on reporting obligations regarding data breaches
  • Planning ahead for incident response strategies
  • Assisting in compliance with regulatory requirements at the federal and state levels (such as regulations governing the handling of certain sensitive information – financial privacy, health information privacy, etc.)
  • Drafting policies/procedures to meet a company’s individual data security needs
  • Advising on online privacy policies and issues
  • Responding to governmental investigations
  • Advising on cybersecurity issues involving transactions/contracts with other parties such as business partners, vendors, clients
  • Development of privacy and cybersecurity training for employees, vendors, etc.

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Employee Benefits

Sunday, February 7th, 2021

Gentry Locke is experienced at designing, negotiating, drafting, implementing and administering executive compensation arrangements and employee benefit plans. The services we provide include:

  • Design and drafting of employee benefit plans of all types, including
  • 401(k) plans employee stock ownership plans, and defined contribution pension plans
  • Fiduciary obligations under ERISA, including application of the plan asset rules and prohibited transaction provisions
  • Employee benefit issues in corporate mergers and acquisitions and in corporate and real estate investments
  • Compliance with laws and regulations, including COBRA and HIPAA, applicable to group health plans
  • Internal Revenue Service audits and self-correction programs

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College & University

Sunday, February 7th, 2021

Gentry Locke has decades of experience representing private colleges and universities, public and private schools, and other related entities and individuals.

Our broad spectrum of practice areas and issues include Title IX and sexual misconduct, employment, employee benefits, student conduct, privacy, safety and security, intellectual property, construction, zoning, tax, environmental, Section 504/ADA, immigration, and insurance defense.

Examples of the types of services we have provided include the following:

  • Advised private college on compliance with Title IX and related sexual misconduct laws, including drafting policies and overseeing investigations of student sexual misconduct complaints.
  • Represented a private college’s interests following an on-campus gas leak that resulted in fatalities.
  • Handled intellectual property and trademark matters for a private college with unique issues relating to its logo and mascot.
  • Regularly counsel private colleges as to employment, student conduct, Section 504, FERPA and campus safety matters.
  • Successfully represented local private college on EEOC and wrongful termination claims resulting from the termination of a long-term department chair.
  • Successfully represented a university in Virginia in a lawsuit by a former department director who raised numerous claims, including discrimination on the basis of race and gender, violation of the Americans with Disabilities Act and Family Medical Leave Act, and a number of other state and federal laws.
  • Obtained dismissal of lawsuit filed in the Western District of Virginia in which a student challenged discipline imposed on him under the college’s student conduct code.
  • In the course of our representation, our lawyers have developed excellent professional and personal relationships with college presidents, cabinet members, trustees, general counsels, deans, as well as business partners who work with these persons or entities.

Gentry Locke is approved insurance counsel in Virginia for several of the nation’s leading insurance carriers who write coverage for colleges and universities.  We also have a partner who is a member of the National Association of College and University Attorneys (NACUA).

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Trucking & Transportation Defense

Tuesday, July 30th, 2019

Gentry Locke attorneys understand the trucking business. We know that despite the driver shortage, ever-changing regulatory landscape, rising fuel costs, and runaway jury verdicts, motor carriers drive America’s economy. Our trucking defense attorneys work closely with clients on virtually every key issue. We know how to navigate and assist with the Electronic Logging Device (“ELD”) mandate, hours-of-service (“HOS”) rules, Compliance Safety Accountability (“CSA”) scores, and the Federal Motor Carrier Safety Regulations (“FMCSR”)—to name a few. We understand the complex industry issues companies transporting cargo and people face and how legislation governing vehicle operation can impact business operations and liability claims.

In the event of a property damage, cargo loss, personal injury, or wrongful death claim, our skilled transportation attorneys seek to achieve optimal risk management solutions, including negotiating claims to resolution before a lawsuit is even filed. We place special emphasis on early claims evaluation and resolution. Our 24-hour emergency response team ensures clients are protected around the clock.

Gentry Locke is uniquely situated to provide rapid response services statewide in both Virginia and West Virginia. We know statements made in the aftermath of a collision could be the difference between winning and losing a multi-million dollar lawsuit. Assembling key evidence at the outset of a catastrophic event can prevent lawsuits and aid in the expedient resolution of claims. Our experienced, in-house investigator and rapid-response attorneys work to coordinate accident scene investigation, including on-site evaluations, use of expert witnesses to evaluate liability, environmental clean-up procedures, and cargo containment issues. Our in-house registered nurses review and analyze medical records to assist in assessing a claim’s value.

In the event a lawsuit is filed, our transportation attorneys are no strangers to the courtroom. We have substantial state and federal court litigation experience throughout both Virginia and West Virginia and have tried many cases to defense verdicts for transportation clients, before both judge and jury.

We are proud to counsel top-25 truckload carriers, family-owned trucking companies, and individual owner-operators. We represent intra- and interstate motor carriers, private fleet operators, hazardous cargo carriers, and shippers, both directly and through their insurance brokers and carriers. In addition to litigating personal injury, product liability, and class action complaints, we offer assistance to our transportation clients in their day-to-day operations, including, but not limited to, safety regulation compliance, labor and employment matters, mergers and acquisitions, workers’ compensation claims, and overweight citations.

Ashley Winsky, who leads the firm’s Transportation and Trucking Defense practice, is an active member of the American Trucking Association (“ATA”) and the Transportation Lawyers Association (“TLA”). She attends both organizations’ annual conferences, as well as the American Bar Association (“ABA”) Transportation Megaconference and the Arkansas Trucking Seminar. Ashley frequently presents on topics of interest to trucking companies, their insurers, and their lawyers.

Ways We Can Assist:

  • Accident scene investigation
  • Federal Motor Carrier Safety Regulation (“FMCSR”) compliance
  • Department of Transportation (“DOT”) compliance
  • Transportation of hazardous materials regulation
  • Fuel spills and cargo containment issues
  • Overweight citations
  • Property damage, cargo loss, personal injury, and wrongful death litigation
  • Arbitration and mediation
  • Appeals
  • Insurance and risk management
  • Class action defense and complex litigation
  • Commercial and contract disputes
  • Controlled substances and alcohol testing and policies
  • Driver qualifications
  • Driver training and company policy manuals
  • Occupational Safety & Health Administration (“OSHA”) compliance
  • Workers’ compensation claims
  • Independent contractor classification
  • Americans with Disabilities Act (“ADA”) hiring requirements
  • Wrongful discharge claims
  • Wage and hour claims
  • Acquisition and sale of assets and/or stock
  • Corporate structuring and business transactions
  • Business Litigation
  • Products Liability
  • Real estate sales and purchases

Rapid Response Services: 

Coverage Area Maps

  • 24/7 availability
  • Firm airplane
  • In-house private investigator
  • Attorneys equipped with emergency response kit
  • Coordination with forensic experts equipped to conduct vehicle scans and electronic data downloads on scene
  • Post-accident investigation and eyewitness interviews
  • In-house registered nurses to review medical records
  • Coordination with criminal defense counsel
  • Existing relationships with experts in the fields of human factors, biodynamics, and accident reconstruction
  • In-depth knowledge of the Federal Motor Carrier Safety Regulations

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