Menu

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.

Comments Off on Real Estate Litigation

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

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.

Comments Off on Internal Investigations

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

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:

 

Comments Off on Transportation

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

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 MDV-SEIA (the regional association representing utility-scale and distributed generation solar companies), 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.

Comments Off on Solar & Renewable Energy

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

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

Comments Off on Bankruptcy/Creditors’ Rights

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

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.

Comments Off on Data Privacy & Cybersecurity

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

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

Comments Off on Employee Benefits

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

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).

Comments Off on College & University

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

Government and Regulatory Affairs

Tuesday, September 4th, 2018

Gentry Locke partners with clients to provide high-quality, tailored, and client-centric government affairs and strategic communications services.

Businesses and organizations face a seemingly endless stream of external pressures that are more intertwined than ever before. The days of “government problems” differing from “legal problems” differing from “public relations” problems are long gone. Institutions are constantly under attack, populist political forces are redefining the landscape, and people are too often slow to respond in a dynamic media environment.

As Virginia’s demographic, economic, and political landscapes change, your business or organization needs to adapt. Gentry Locke Government & Regulatory Affairs practice will partner with you to provide steady guidance in a rapidly-changing Virginia.

Gentry Locke is the only firm that can offer two former legislators from both sides of the aisle, as well as a senior legislative and political staffer, to help clients achieve their goals.

Group Chair Greg Habeeb is a former member of the Virginia House of Delegates, where he represented Virginia’s 8th District and served as Vice-Chair on the Courts Committee, was Subcommittee Chair of the Commerce & Labor and Transportation committees, and served on the Rules, Privileges & Elections, and Transportation committees. Greg retired from the Virginia House of Delegates in August of 2018. Prior to spearheading Gentry Locke’s Government & Regulatory Affairs group, Greg specialized in complex business and catastrophic injury cases, representing individuals and companies in courts throughout the Commonwealth of Virginia and the nation. In 2017 he was named a “Leader in the Law” by Virginia Lawyers Weekly.

Chip Dicks is a former member of the Virginia House of Delegates and served on the Courts and Education committees. Chip also served on the Virginia Housing Commission as a House member. Since leaving the Legislature in 1990, he has represented associations and businesses on administrative, legislative and regulatory matters before state government agencies and the General Assembly. He has substantial experience representing developers on a variety of land use applications across Virginia. Chip has particular expertise in the laws and regulations affecting billboard signs, and in the field of landlord tenant and fair housing laws.

Legislative and Executive Government Relations

Gentry Locke provides strategic and tactical advice to meet specific government relations objectives. Our Legislative and Executive Government Relations services cover public policy, Executive Branch lobbying, coalition building, relationship development, and insight and analysis. As Virginia’s political and policy landscape rapidly evolves, Gentry Locke can provide steady guidance to navigate change.

Strategic Communications

Gentry Locke provides guidance on Strategic Communications to meet business needs, government relations objectives, or to influence public opinion. This includes message development, Earned and Paid Media strategy development and management, digital media, targeted communications campaigns, engaging grassroots campaigns, crisis management, and internal communications strategy development and management.

Economic Development & Government Grants

Gentry Locke assists clients throughout the process of bringing an economic development project to fruition, including site selection, project management, application for funds made available through the Tobacco Region Revitalization Commission and Virginia Economic Development Partnership (VEDP), and more. Chip Dicks has participated in economic development projects and traveled on trade missions with a number of Governors over the last 25 years. Our team can help make your economic development goal a reality.

Regulatory/Administrative Representation

Gentry Locke attorneys represent and advocate for clients before state agencies in legal matters as well as navigating through the regulatory process. These matters can include an array of industries and goals. Our team has experience in representing clients before the Real Estate Board, the State Corporation Commission, the ABC Board, the Board for Contractors, the Board of Medicine, the Board of Pharmacy, the Fair Housing Board and many more. We regularly work with VDOT, the DMV and various branches of state government including the Governor’s Office, Cabinet secretaries, and department agency directors. Our team can work with any state agency where our clients have issues that need to be addressed.

Government Procurement

Procurement laws and the process of buying from or selling to the government is rife with opportunities and risks. Wrong turns can be costly and litigious. Gentry Locke assists clients through the procurement process, keeping them on the right side of state contract laws, public schools and educations contract laws, and steering them clear of fraud or unjust enrichment claims and the False Claims Act.

Administrative & Regulatory Disputes

Gentry Locke attorneys represent individuals and businesses before administrative and regulatory bodies. We do more than show up at hearings; we work with our clients to explore all options in an effort to achieve a satisfactory resolution.

We assist in the following matters:

  • Professional licensing and disciplinary disputes and hearings
  • Representation of physicians and health care providers before the Virginia Departments of Health Professions
  • Virginia Employment Commission hearings and appeals
  • Zoning and land use disputes and appeals
  • Representation in federal and state tax and revenue matters

Comments Off on Government and Regulatory Affairs

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

Medical Malpractice

Tuesday, January 6th, 2015

Our medical malpractice team is known for taking on challenging cases.

We are able to do so because our team includes not only experienced lawyers, but also nurses and paralegals who help us to identify strong cases and to spot potential issues before they become big problems.

Our medical malpractice team represents people and families harmed by medical negligence—including the  negligence of doctors, nurses, therapists, dentists, nursing homes, and hospitals. Our lawyers have handled cases involving the following medical issues:

  • Surgical errors
  • Medication errors
  • Misdiagnosis
  • Failure to diagnose conditions such as cancer
  • Negligence by various health care providers including:
    • Cardiologists
    • Chiropractors
    • Emergency-room doctors
    • Family-practice doctors
    • General surgeons
    • Internal-medicine doctors
    • Neurologists
    • Neurosurgeons
    • Nurse practitioners
    • Nurses
    • OB/GYNs
    • Oncologists
    • Ophthalmologists
    • Orthopedic-spine surgeons
    • Orthopedic surgeons
    • Pharmacy misfills
    • Physical therapists
    • Podiatrists
    • Radiologists
    • Urologists
  • Nursing home negligence
  • Decubitus ulcers (bed sores)
  • Lack of informed consent
  • Falls in medical facilities
  • Suicide
  • Retained foreign objects (sponges, needles, screws, etc.)

Clients rely on our size and resources, which let us see their malpractice cases through to conclusion. In some instances, we are able to offer contingent fees, effectively financing the legal fees associated with a case.

All these resources do not come at the expense of personal contacts or relationships. Our clients know that when they call, they will be able to speak directly with the lawyer working on their case.

Malpractice

Gentry Locke’s Medical Malpractice Group represents individuals and families of those harmed by the negligence of health care providers such as physicians, nurses, therapists, dentists, nursing homes, clinics and hospitals. These highly specialized claims are vigorously contested by health care providers and their insurers, and require attorneys who can properly evaluate and prosecute valid claims.

We use a team approach to the evaluation of potential cases and, once accepted, they are aggressively pursued. We also employ the services of registered nurse consultants to assist us.

The legal services provided for Medical Malpractice address the following:

  • Wrong site surgery
  • Medication errors
  • Surgical errors
  • Misdiagnosis
  • Failure to diagnose
  • Retained foreign materials (sponges, needles, screws, etc.)
  • Surgical injuries
  • Physician negligence
  • Nursing negligence
  • OB/GYN negligence
  • Urological negligence
  • Chiropractic negligence
  • Ophthalmologic negligence
  • Podiatric negligence
  • Resident physician negligence
  • Hospital negligence
  • Nursing Home negligence
  • Lack of informed consent
  • Nerve injuries
  • Falls in medical facilities
  • Emergency room negligence
  • Decubitus ulcers (Bed Sores)
  • Suicide

Please choose from the attorneys listed to inquire about these matters. Learn more about the attorneys by clicking on their names.

Comments Off on Medical Malpractice

Category | Tags:

Social Networks : Technorati, Stumble it!, Digg, de.licio.us, Yahoo, reddit, Blogmarks, Google, Magnolia.

FacebookTwitterLinkedIn