Monday, November 17th, 2014
Results matter to us.
Gentry Locke’s Business Litigation Group approaches every business dispute with the goal of achieving an outstanding result. We work with focus, experience, and intensity for the best possible resolution of a business dispute, with or without litigation.
We want to win. There are winners and losers in litigation. We passionately want to win. For us, legal and factual case evaluation occurs early and often. From beginning to end, our vision is strategic and vigilant. Disciplined planning is critical, but agility is necessary as well. As developments occur, we adapt—always looking for innovative yet realistic paths to achieve success for our clients. Our goal is to seize opportunities and avoid unnecessary dangers.
We provide major horsepower. Our lawyers and clients know that they are part of a team, and they always have access to the best answer we have to give–even to the hardest questions and problems. From senior partner to youngest associate, we are accessible, engaged, efficient, and driven to succeed.
We are industry insiders. We have extensive experience in specific industries. Simply put, we know our clients’ businesses, so they don’t have to spend time educating us. We can dive in quickly and move you forward faster. This acquired industry knowledge gives us a tremendous advantage—and we use it!
We are trial lawyers at heart. There is a big difference between “litigators” and “trial lawyers.” We are just as comfortable before a jury as we are with motions, pleadings, and briefs. We like to try cases, and our adversaries know this. The fact that we are willing to try cases can give us a crucial edge in settlement negotiations.
It’s all about our clients. Our clients are part of the team. We are proud that many of our clients have been clients for years. We are also pleased that so many of our colleagues in the legal profession refer high-stakes cases to us for their clients.
Our areas of focus include:
- Contract disputes, including UCC matters
- Construction
- Mineral rights and mining operations
- Real estate, development, and condemnation matters
- Governmental disputes
- Corporate governance, shareholder disputes, and director and officer liability issues
- Business torts
- Banking and lender liability claims
- Trusts and estates
We encourage you to review our Business Litigation attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.
IP & Technology Litigation
Attorneys at Gentry Locke litigate and provide advice about disputes involving the protection and enforcement of rights in patents, trademarks, copyrights, confidential information and trade secrets, technology, covenants not to compete, and other intellectual property.
Our lawyers have significant experience in prosecuting and defending:
- Copyright
- Trademark and patent infringement cases
- Unfair competition actions
- Internet and technology disputes (including those involving software and computer technology)
- Franchise disputes
- False advertising claims
We are well-versed in federal and state court procedural issues, including obtaining and defending against temporary restraining orders and preliminary injunctions that often are sought in intellectual property actions.
Antitrust
The antitrust group at Gentry Locke is dedicated to helping our clients achieve their business objectives in a competitive and litigious environment. The group is composed of skilled commercial litigators familiar with state and federal antitrust law. We offer our clients a variety of services, including:
- Antitrust business counseling
- Civil antitrust litigation
- Government investigations
- Regulatory advice
- Electronic discovery and electronic document retention and production efforts
Commercial Torts
Lawyers at Gentry Locke Attorneys have significant experience both prosecuting and defending commercial tort claims. In today’s competitive business environment, companies and individuals can easily find themselves the victim of tortious business practices or the target of a lawsuit. Our attorneys have the skill and experience to discreetly investigate and effectively handle such claims.
The legal services provided by our Commercial Tort attorneys address the following:
- Breach of Fiduciary Duty
- Common Law Conspiracy
- Statutory Business Conspiracy
- Conversion
- Fraud
- Tortious Interference with Contract
- Tortious Interference with Business Expectancy
- Unjust Enrichment
Securities Litigation
The experienced litigators at Gentry Locke have represented both claimants and customers in claims of securities fraud and related issues. We are familiar with the unique aspects of these cases that are almost always litigated before an arbitration panel under the rules applicable to the National Association of Securities Dealers (NASD).
Our experience enables us to assist clients with matters such as:
- Contests for corporate control—litigation involving proxy contests, tender offers and mergers and derivative litigation
- Derivative actions alleging breach of fiduciary duty and related torts—suits in federal and state courts asserting violations of the duty of loyalty and care by directors and officers
- Defense of actions for securities fraud and misrepresentation— short selling violations by directors, officers and other insiders
Shareholder Disputes
Shareholder, member, or partner disputes can disrupt businesses and place assets at risk. Gentry Locke attorneys have worked with both owners and companies to find advantageous solutions to disagreements and problems. Evaluation, planning, and proper action assist us in avoiding litigation where possible, and in executing litigation when necessary.
Our firm handles corporate shareholder, LLC member, and partnership disputes such as:
- Breach of contract (Shareholder, Membership or Partner Agreements, Buy/Sell Agreements, etc.)
- Breach of fiduciary duty
- Corporate and LLC deadlock disputes
- LLC management disputes
- Shareholder or member buyouts and division of assets and liabilities
- Business dissolution
NASD rules
Real Estate & Land Use
The Real Estate practice group at Gentry Locke has a well-deserved reputation for successfully helping clients achieve strategic and financial objectives, and completing their real estate transactions on time and on budget.
Our experienced team focuses on creating better, quicker solutions to the challenges present in every land transaction. As a result, we enjoy the continued loyalty of buyers, sellers, developers, investors, landlords, and tenants we have the privilege to serve.
We have earned the respect of local government and elected officials in Roanoke, Botetourt, Salem, Blacksburg, Bristol, Lynchburg, Danville, Charlottesville, Waynesboro, Winchester, Harrisonburg, Staunton, Lexington, and all counties and towns in between. These relationships create opportunities to have meaningful discussions with the key decision-makers involved in the approval process for our clients’ land use projects.
The real estate lawyers at Gentry Locke have been principally involved in the purchase, sale or development of some of the most significant real estate projects in western Virginia, including the:
- Acquisition of multiple parcels comprising the Taubman Museum of Art in downtown Roanoke
- Successful approval of more than 250 wireless telecommunication facilities in over 20 municipalities
- Purchase and redevelopment of the largest private marina at Smith Mountain Lake
- Rezoning or permitting of numerous commercial and planned residential developments
- Closing of historic tax credit financing projects for some of the region’s most important historic structures
Real Estate Litigation
Real estate disputes can slow or shut down a project.
That means lost time, money, and opportunities. Whether through negotiation, litigation, mediation, or arbitration, Gentry Locke’s experienced team of real estate litigators creates quick, responsible, and effective solutions to the challenges present in every real estate dispute.
Our real estate lawyers handle a wide range of real estate disputes, including:
We encourage you to review our Real Estate Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.
Monday, November 17th, 2014
Well-suited to meet the needs of closely held businesses.
Virginia businesses—large and small—count on the knowledgeable attorneys and far-reaching resources of Gentry Locke. We are known throughout the region for our diverse business practice. Group Chair Bill Gust and his team have considerable experience helping clients navigate the nuances and challenges that confront businesses, including issues relating to state and federal taxes, state and federal regulations, and complex financial transactions.
The range of Gentry Locke’s practice supports the business lifecycle—from formation to capitalization and operation. Where necessary, we can also help a company through reorganization, succession, or sale. We begin by gaining a thorough understanding of our client’s business in the context of competition, paying special attention to short-term and long-term business goals.
Always sticklers for thoughtful planning, clear communication, and aggressive advocacy, we form strong bonds and long-term relationships with our business clients.
Our attorneys take pride in delivering individualized service, focusing on accessibility and responsiveness. Our legal solutions range from the practical to the highly innovative, and all are geared to enable our business clients to compete, thrive, evolve, and more fully enjoy the fruits of their labor.
We encourage you to review our Business attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.
Strategic Planning
Change is inevitable. Having the right agreements in place can protect a business from difficult, expensive and unexpected consequences.
The legal services provided by our business attorneys address the following issues:
- Succession planning
- Preparation and review of buy/sell and shareholder agreements
- Coordination with professional service providers such as insurance agencies, appraisers, and accountants
- Employee Stock Option Plan trust transactions (ESOPs)
- Investment strategies
- Benefits consulting
- Stock strategy and management
- Tax-efficient investing
- Estate and trust planning
Regulatory Compliance & Enforcement
Regulatory compliance is crucial for a diverse array of industries.
Attention to detail and real-world experience can be key to success, whether for securities and financial transactions, real estate and land use, employment, health care entities, corporations, or educational institutions. The lawyers at Gentry Locke are adept at advising clients, strategizing, and ensuring that the proper groundwork and follow-through are in place, so our clients can focus on attaining their goals.
We help our clients comply with local, state, and federal laws and regulations in a variety of contexts, including:
We encourage you to review our Regulatory Compliance & Enforcement Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.
Monday, November 17th, 2014
Gentry Locke’s experience in banking and finance allows us to help our clients effectively navigate today’s financial and regulatory landscape.
As the way business is conducted continues to change, so do the nature of legal arrangements. Our team stays abreast of these developments and serves as trusted advisors to our clients.
We play a key role in advising management and the boards of directors of bank holding companies and community banks on compliance issues such as fiduciary duties, stock issuance, conflicts disclosures, voting, and employment matters.
Our banking clients look to us to structure, document and negotiate a wide variety of lending transactions, including:
- Asset-based loans
- Participations
- Syndications
- Tax-exempt financings
- Secured or unsecured lending facilities
Banks and bank holding companies have confidence in our ability to guide them through the maze of regulatory compliance issues and filing requirements associated with creating a new bank.
This is a process that is susceptible to errors, which can delay openings and increase cost. Our team is here to make sure that things go smoothly, efficiently, and cost-effectively.
To conduct this work for our clients, we are in constant contact with federal and state regulatory agencies, including the Virginia Bureau of Financial Institutions, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Bank, and the Comptroller of the Currency.Best Lawyers “Best Law Firms”
Based on our experience and outcomes, for several years our Banking & Finance practice has received top Roanoke area rankings from “Best Lawyers Best Law Firms,” which is awarded each year by U.S. News & World Report and Best Lawyers.
We encourage you to review our Banking & Finance attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.
Bank Formation & Regulation
The banking practice group at Gentry Locke Attorneys ensures that new and existing financial institutions have a sound foundation and are compliant with the federal and state authorities who oversee this highly regulated industry.
We have experience in providing the following services to our clients:
- Chartering new national and state banks and savings associations
- Formation of bank holding companies
- Merging and acquiring banks and their holding companies
- Engaging in stock repurchases, tender offers, proxy contests, reverse stock splits, strategic planning, and other shareholder ownership issues
- Represent sellers, purchasers and investors in connection with stock acquisitions, mergers and purchase and assumption transactions
- Assist clients in structuring their entry into nontraditional activities as they seek to enhance profitability and customer relationships
- Advise existing and newly formed institutions and holding companies in raising capital through private and public offerings of equity and debt securities
- Routinely make filings to comply with various securities rules and regulations of the SEC, OCC and the FDIC, as well as state blue sky laws
Banking & Lender Liability
Gentry Locke attorneys have extensive experience in representing banks and financial institutions in litigation and creditors’ rights matters. We have developed extensive expertise in bank operations and lending practices issues, which include:
- Evaluation and innovative resolution of claims
- Identification of sources of insurance coverage to protect financial institutions
- Collection of amounts owed
- Enforcement of security documents
- Defense of borrower claims
- Resolution of disputes involving check handling, letters of credit, loan syndication, intercreditor agreements, joint accounts, and other matters
- Assistance in developing and implementing risk management practices and procedures to enhance effective creditors’ rights efforts
Commercial Lending
Attorneys at Gentry Locke have the depth, experience and resources to ensure that our lending clients succeed in understanding, documenting and executing complex transactions. Our diligence extends to alerting clients to and balancing regulatory requirements and implementing sound credit policies.
We assist clients in the following:
- Pre-transaction diligence and structuring
- Transaction diligence and documentation from term sheet through transaction consummation and administration
- Problem loan resolution — restructurings, work-outs and insolvency matters
- Advice and representation regarding lender liability matters
Monday, November 17th, 2014
Professionals in a variety of business sectors, including insurance, healthcare, government contracting, natural resources, fiannce, and higher education, routinely turn to our Chambers-ranked white collar criminal defense and government investigations practice group for guidance, particularly when charged with or suspected of violating criminal, regulatory, or tax laws.
Who We Are
Tom Bondurant, Jennifer DeGraw, Erin Harrigan, and Melissa O’Boyle have tried several hundred criminal jury and bench trials, and conducted thousands of investigations. With a former Chief of the Criminal Division of the Western District of Virginia U.S. Attorney’s Office, a former Criminal Supervisor of the Eastern 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 our clients face.
Our practice group is ranked Band One by Chambers USA for Litigation: White Collar Crime & Government Investigations in Virginia, and individual attorneys in our group have been highly ranked and honored by Chambers USA, Virginia Business magazine’s Legal Elite, and Best Attorneys in America for criminal defense. In the past ten years we have handled numerous high-profile and landmark matters, such as facilitating the largest settlement of an opioid-related federal prosecution in U.S. history.
What We Do
Our white collar attorneys work closely with our clients at all stages of representation to ensure 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. We are experienced in negotiating favorable settlements or assisting clients in deciding whether to accept a plea bargain. But when litigation is warranted, we also have the trial experience, resources, and dedication to mount a vigorous defense on nearly any subject matter.
We primarily represent individuals and clients in investigations, regulatory enforcement actions, and criminal prosecutions initiated and conducted by federal and state law enforcement agencies and governmental entities, including:
- Congress
- State and federal grand juries
- U.S. Attorney’s Offices (USAO), including in the Western and Eastern Districts of Virginia
- Department of Justice (DOJ), including its Environmental Crimes Section, Health Care Fraud Unit, Tax Division Criminal Enforcement Section, and Public Integrity Section (PIN)
- U.S. Department of Health and Human Services Office of the Inspector General (HHS OIG)
- Financial Crimes Enforcement Network (FinCEN)
- State Attorneys General (AG)
- State regulatory enforcement taskforces, such as the Virginia Attorney General’s Medicaid Fraud Control Unit (MFCU)
These investigations and actions involve a broad range of statutes, regulations, and issues, including:
- Food, Drug, & Cosmetics Act (FDCA), and pharmaceutical marketing and advertising regulations
- Healthcare fraud, including Medicaid and Medicare fraud, misbilling, and overbilling
- Bribery, violations of the Anti-Kickback Statute (AKS), and public corruption
- Securities enforcement
- Government contracting
- The Racketeering Influences and Corrupt Organizations Act (RICO)
- Tax evasion and Internal Revenue Code (IRC) violations
- Espionage Act and national security
- Arms Export Control Act (AECA)
- Foreign Corrupt Practices Act (FCPA)
- Pharmacy regulations, including the Combat Methamphetamine Epidemic Act (CMEA)
- Environmental, natural resources, and animal welfare statutes and regulations, including the Endangered Species Act (ESA) and Lacey Act
- Qui tam actions under the False Claims Act (FCA) and Virginia Fraud Against Taxpayers Act (VFATA)
- Consumer protection acts, including the Virginia Consumer Protection Act (VCPA)
- Patient Protection and Affordable Care Act (ACA)
- Financial crimes, including fraud, embezzlement, and money laundering
- Covid-19 and pandemic response
- Antitrust
- Federal program fraud
We also conduct internal investigations of individual and corporate clients suspected or accused of violating state or federal laws and regulations. This includes assisting clients in complying with parallel government investigations, preparing for audits, identifying misconduct prior to prosecution or civil enforcement, designing and helping implement corrective actions to minimize legal risk and exposure, and self-reporting. Our white collar attorneys recognize the highly-sensitive nature of internal investigations and advise clients on the prudence and timing of reporting illegal conduct to a governmental entity.
For clients not yet suspected or accused of misconduct, we provide compliance advice and proactively identify issues for corporate and individual clients to avoid violating the law, especially newly-enacted legislation or regulations.
We encourage you to review the personal pages of the attorneys in our Criminal & Government Investigations Group for additional information and then contact us to discuss your legal needs.
Monday, November 17th, 2014
Gentry Locke attorneys zealously represent our clients. Our Workers’ Compensation team leverages the firm’s considerable resources and means on our clients’ behalf, leaving no stone unturned. We fight for our clients while maintaining the professionalism that both clients and colleagues expect, and that our reputation demands.
We encourage you to review our Workers’ Compensation attorneys’ bio pages for additional information and then contact us to discuss your company’s legal needs.
Gentry Locke has a long and respected history of representing employers and insurers in Workers’ Compensation claims.
Successful management of these claims and minimization of their negative financial impact can be key to a company’s ability to prosper in the marketplace. Through the years, we have developed successful strategies for serving the needs of the businesses who entrust us with their Workers’ Compensation matters:
Quality.
Employers and insurance carriers should obtain legal representation of the highest caliber to protect and further their interests in matters before the Virginia Workers’ Compensation Commission. Workers’ compensation attorneys at Gentry Locke diligently provide the highest level of responsiveness, attention to detail, and sound, professional advice. We implement smart, cost-effective practices, and you’ll feel the true value of our work through our efforts to minimize the losses that can arise from these claims.
Experience.
More often than not, workers’ compensation matters require strategic thinking, use of investigative and expert resources, detailed knowledge of medical records, intimate familiarity with industrial and occupational medicine, the trust and respect of workers’ compensation professionals statewide, and impeccable follow-through—the kind of dedicated attention that only those who specialize in these cases can deliver. The Gentry Locke Workers’ Compensation Practice Group brings all of these factors to the table to consistently deliver the best result possible for its clients.
Aggressiveness.
Gentry Locke attorneys zealously represent their clients in every facet of their legal needs. Rest assured, the Workers’ Compensation team will utilize the considerable resources and means at its disposal on your company’s behalf, leaving no stone unturned. We will fight for our clients while maintaining the professionalism that our clients and colleagues expect, and our reputation demands.
We encourage you to review our Workers’ Compensation attorneys’ bio pages for additional information. Feel free to contact us to discuss your company’s legal needs.
Monday, November 17th, 2014
Gentry Locke is experienced in representing clients in whistleblower and “qui tam” litigation in a variety of contexts, drawing upon our experience in complex litigation, criminal investigations, and employment law.
This is a complex area of law. We are immensely resourceful when defending companies against these charges and the claims of retaliation that often result. In some instances, we will represent an employee or third party who has evidence of government fraud or other illegal conduct (qui tam relators).
False Claims Act Litigation
The primary focus of Gentry Locke’s Whistleblower and Qui Tam practice is the False Claims Act, or “FCA.” The FCA is the strongest weapon in the federal arsenal for recovering government funds paid based upon false claims, and represents one of the greatest legal threats to businesses today. One of the hallmarks of the FCA is its qui tam provision, which allows a private citizen whistleblower, or “relator,” to bring suit on behalf of the government. By statute, a qui tam relator may receive 10% to 30% of the government recovery.
The United States Government recovered over $38.9 billion through the FCA from 1987 to 2013, with over 70%, or $27.2 billion, coming from cases with a qui tam relator. The federal government is taking an increasingly aggressive stance in FCA litigation every year, with the number of cases and recoveries growing rapidly. In 2014 alone, the Department of Justice announced settlements and judgments totaling almost $3 billion.
Sarbanes-Oxley and Dodd-Frank Whistleblower Statutes
In the age of Enron, Bernie Madoff, and the Wall Street scandals, it comes as no surprise that the U.S. Government has sought new ways to uncover fraud. Due to the success of the FCA qui tam provision, Congress placed similar qui tam provisions in other whistleblower statutes, including Sarbanes-Oxley and Dodd-Frank.
If you are a business or an individual facing government investigation, Gentry Locke’s Criminal & Governmental Investigations group represents businesses and individuals in all aspects of internal investigations and government enforcement actions. Gentry Locke’s Employment & Labor group advises businesses in all aspects of whistleblower retaliation issues and represents employers of all sizes in whistleblower retaliation litigation.
For businesses hoping to avoid issues with the FCA and other federal statutes, Gentry Locke’s Government Contracting team can assist in avoiding pitfalls in government contracting and programs.
Qui Tam Relators & Whistleblowers
If you are a potential whistleblower, Gentry Locke’s Qui Tam Relator Practice represents whistleblowers who may have standing as qui tam relators. We have experience with claims arising out of the health care industry, defense and government contracts, and federal grant funding. In these cases, we work hand-in-hand with federal prosecutors and agencies to maximize both the recovery of taxpayer funds to the government and the whistleblower’s reward.
We encourage you to review our Whistleblower Claims and Qui Tam Practice Group attorneys’ personal pages for additional information and then contact us to discuss your legal needs.
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Qui Tam Relator Whistleblower Actions
Gentry Locke’s Qui Tam Relator Practice represents whistleblowers who may have standing as qui tam relators.
Gentry Locke attorneys have experience with claims arising out of the health care industry, defense and government contracts, and federal grant funding. Our team works hand-in-hand with federal prosecutors and agencies in these cases to maximize both the recovery of taxpayer funds to the government and the whistleblower’s reward.
False Claims Act Litigation
The primary focus of Gentry Locke’s whistleblower and qui tam practice is the False Claims Act, or “FCA.” The FCA is the strongest weapon in the federal arsenal for recovering government funds paid based upon false claims. One of the hallmarks of the FCA is its qui tam provision, which allows a private citizen whistleblower, or “relator,” to bring suit on behalf of the government. By statute, a qui tam relator may receive 10% to 30% of the government recovery.
The United States Government recovered over $38.9 billion through the FCA from 1987 to 2013, with over 70%, or $27.2 billion, coming from cases with a qui tam relator. The federal government is taking an increasingly aggressive stance in FCA litigation every year, with the number of cases and recoveries growing rapidly. In 2014 alone, the Department of Justice announced settlements and judgments totaling almost $3 billion.
Sarbanes-Oxley and Dodd-Frank Whistleblower Statutes
In the age of Enron, Bernie Madoff, and the Wall Street scandals, it comes as no surprise that the U.S. Government has sought new ways to uncover fraud. Due to the success of the FCA qui tam provision, Congress placed similar qui tam provisions in other whistleblower statutes, including Sarbanes-Oxley and Dodd-Frank.
We encourage you to review our attorneys’ personal pages for additional information and then contact us to discuss your legal needs.
Monday, November 17th, 2014
Attorneys at Gentry Locke assist in all aspects of estate planning and estate administration.
We work with clients to create estate plans that are tailored to their individual needs while minimizing taxes and avoiding unnecessary probate proceedings. Our estate planning lawyers regularly work with business owners to design succession plans to accomplish their specific goals.
We advise clients on complex estate planning matters, offering creative, effective, and sophisticated solutions.
We also guide executors, trustees, and other fiduciaries through the challenges and nuances of an estate or trust administration.
Trust & Estate Litigation
In addition to our array of trust and estate planning services, Gentry Locke handles all types of litigation concerning wills, trusts, estates, and end-of-life issues, including:
- Prosecution and defense of will contests
- Prosecution and defense of claims against trustees, executors, administrators, and personal representatives
- Appointment, removal, and replacement of fiduciaries, including executors, personal representatives, guardians, conservators, and attorneys‑in‑fact
- Prosecution and defense of creditors’ and heirs’ claims against estates
- Prosecution and defense of claims of undue influence and lack of mental capacity
- Collection, marshalling, accounting, and distribution of estate assets
- Modification or termination of trusts
- Litigation concerning powers of attorney, living wills, and medical directives
- Litigation concerning life insurance, “payable on death” accounts, and transfers of decedents’ real estate, stock, bank accounts, and personal property
- Litigation arising from elder care abuse and fraud
We encourage you to review our Trusts and Estates Practice Group attorneys’ personal pages for additional information and then contact us to discuss your legal needs.
Probate
Probate refers to the court-supervised process of handling a deceased person’s financial affairs. Personal representatives who are responsible for administering a loved one’s estate face many significant decisions and issues throughout the process, which may include:
- When to pay creditors
- When and how to make distributions from the estate
- Whether to file and how to prepare inventories and accountings
Gentry Locke attorneys guide personal representatives throughout this process and ensure that their interests are protected. We also advise beneficiaries regarding their rights during the probate process.
Guardians & Conservators
Sometimes a person becomes legally incapacitated, and cannot independently make decisions about finances, medical care, or other important life activities. It may be due to injury or diseases associated with aging, or it may be a genetic or other condition that affects a developing child. In such situations, the appointment of a guardian or conservator may be necessary. If you believe a family member or loved one needs this kind of assistance, Gentry Locke attorneys can petition the court to appoint you or another trusted person as a guardian or conservator.
It should be noted that poor judgment is not incapacity. A person is legally incapacitated if a court determines the person to be “incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to:
- Meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian, or
- Manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of a conservator.” (Va. Code Ann. § 64.2-2000)
A guardian (dealing with health and safety) or a conservator (dealing with finances or property) can be granted broad powers or may have limited power to decide specific issues. Each situation is unique. The scope of the guardian’s or conservator’s power is set by Virginia law and the court order specific to the individual. Guardians and conservators have a fiduciary responsibility to the incapacitated person, meaning they must act with the utmost loyalty and care—their actions must be above reproach. The actions of a conservator are monitored by the local Commissioner of Accounts, through periodic filings of accounting documents.
If the person is not found to be legally incompetent, alternatives are available to provide assistance. General or durable powers of attorney, advance medical directives, trusts and other documents can be used to appoint people to help with specific tasks or issues.
Consult with the attorneys who are listed on this page to learn what options may best serve your situation.
Monday, November 17th, 2014
While our tax practice is wide-ranging by any measure, our personalized client service is built on trust.
This healthy balance is what distinguishes Gentry Locke. That, and our ability to find new and unexpected solutions to the daunting tax problems that confront businesses.
The attorneys in Gentry Locke’s Tax practice specialize in helping clients with the most important professional service for tax clients: Planning. We develop plans for every aspect of your business, because nearly every business decision has tax consequences. Experience has taught us that the single best way to avoid problems is to plan for contingencies well in advance.
Let there be no doubt—when controversy does indeed arise, Gentry Locke is more than capable of tackling the issues at hand.
Clients look to us for assistance with estate planning, the transfer of family wealth, building or rehabilitating with state and federal tax credits, allocating tax credits out to investors, executive compensation, employee benefits, and of course, tax audits.
We make the complex seem simple, which is one of the reasons we have long-standing client relationships in tax law.
We encourage you to review our Tax Practice Group attorneys’ personal pages for additional information and then contact us to discuss your legal needs.
Opportunity Zone Investment
The Tax Cuts and Jobs Act passed by Congress in December of 2017 established the Opportunity Zone incentive program, designed to encourage investment in designated low-income communities. In October 2018, the Treasury Department and the Internal Revenue Service issued proposed regulations which provide guidance and framework for investments in these Qualified Opportunity Zones. Virginia currently has 212 Qualified Opportunity Zones.
Gentry Locke can assist you in evaluating the Opportunity Zone incentive programs, as well as exploring the potential of combining tax credit financing through federal and state historic rehabilitation tax credit programs, and the New Markets Tax Credit Program.
Contact a member of our Opportunity Zone investment team to discuss the incentive program and for assistance in evaluating whether participation in an Opportunity Zone investment may be a good fit for your specific project or investment portfolio.
To find out if an area of your interest is located in of one of Virginia’s hundreds of Qualified Opportunity Zones, click on the map image below and you will be taken to an interactive map.
Tax Planning – Business Entities
Gentry Locke tax lawyers take the lead in tax planning and the structuring of domestic limited partnerships, limited liability partnerships, limited liability companies, and joint ventures, as well as in traditional forms of organization, mergers and acquisitions, reorganizations, and capital expansion programs for corporate clients.
We render advice on and prepare and negotiate complex operational arrangements and agreements:
Tax Planning – Individuals & Families
Planning is key for individuals and families who wish to assert some measure of control over how much of their estate goes to people, and how much to government entities. Inaction can lead to astonishingly negative tax ramifications. Gentry Locke tax attorneys assist clients in maximizing estates to benefit those who our clients feel are most deserving.
Our experience enables us to render advice on and prepare legal instruments for:
- Qualified Conservation Easements
- Establishment of Charitable Trusts
- Gift tax minimization
- Section 1031 Exchanges
- Stock Redemptions
- Shareholder Agreements
- Family Limited Partnerships
- Trusts
- Charitable Contributions
- Capital Gains
- Individual Retirement Accounts
- Defective Grantor Trusts
- Personal Residence Gain Exclusion
- Vacation or Second Homes
- Self-Employment Taxes
- Personal Residence Trusts
- Unified Credit
- Estate Tax Exemption
Audits & Tax Controversies
Handling controversies is a strength of Gentry Locke attorneys. We have represented all types of taxpayers in federal, state, and local administrative tax disputes before the Internal Revenue Service, the Virginia Department of Taxation, and local authorities.
Clients benefit from our experience in the following areas of tax law:
- Federal individual tax audits
- Federal corporate tax audits
- Federal payroll tax audits
- Virginia income tax audits
- Virginia corporate income tax audits
- Virginia sales and use tax audits
- Federal excise tax audits
- Department of Labor audits of employee benefit plans
- Offers in compromise
- Representation in IRS collection activities for unpaid taxes
- Settlements of IRS controversies
- Release of tax liens
Monday, November 17th, 2014
The hospitality industry presents specific and unique legal challenges, and as your business grows and changes, so will your legal needs. Gentry Locke’s attorneys advise restaurants, hotels, amusement parks, and fitness facilities on a vast range of issues. We serve clients who operate small businesses and national chains.
Headed by Group Chair Paul Klockenbrink, attorneys within Gentry Locke’s Hospitality industry group regularly counsel hospitality industry clients in multiple areas, including, labor and employment, franchise agreements, supplier and vendor contracts, food and beverage licensing, lease negotiations, risk management, claims management, real estate, land use and zoning, tax matters, and premises liability litigation.
Specifically, we provide legal counsel to businesses in the following matters:
- Employment disputes and litigation including defense of discrimination, harassment and retaliation claims, EEOC charges and administrative proceedings, and the enforcement of non-disclosure and non-compete agreements. We can be there every step of the way, from the litigation stage to the appeals process before agencies and federal and state courts
- Wage and hour claims including issues involving classification, work time, overtime, tipped employees, split jobs, permissible deductions from pay, DOL audits and child labor
- Union avoidance and representing employers in unfair labor practice litigation before the NLRB, collective bargaining, and arbitration
- Consulting and claims management related to guest injury claims
- Defense of premises liability and intentional tort lawsuits
- Workers’ compensation claims
- Employment handbooks, employee contracts, and personnel policies and procedures
- Employee incentives and fringe benefit plans including 401(k) plans, performance bonuses, stock options (ESOPs), matching contributions, elective deferrals and rollovers
- Immigration issues including legal requirements of I-9 Forms, and drafting grant proposals for training non-English-speaking immigrant workers for hospitality industry needs regarding language and occupational skills
- Franchisor/franchisee relationships including preparing, negotiating and reviewing franchise agreements, and assessing and minimizing the risks associated with franchisor control over franchisees’ day-to-day business operations
- Building code, ASTM compliance, sanitation, and environmental counseling and management
- Intellectual Property management including trademark registration and conflicts, trade name registration, copyrighting of logo and menu, and trade secret protection of brands and any proprietary products that may be developed and marketed
- Business organization including forming or restructuring restaurants to shield clients’ potential liability to employees, customers, independent contractors, and other third parties
- Purchase, sale, or transfer of business assets including property, equipment and inventory
- Tax issues including government incentives and tax credits
- Local, state and federal land use and zoning ordinances
- Negotiating, preparing and reviewing agreements between restaurants and vendors
- Insurance matters including equipment breakdown, personal property and medical payment coverage, and accounts receivable
- ABC license and restaurant license applications, counseling on license compliance, and defending alleged license violations
The members of the Hospitality industry group also have access to resources at the national and international levels through our affiliation with ALFA International’s Hospitality Practice Group. We encourage you to review our Hospitality attorneys’ personal pages for additional information and contact us to discuss your company’s legal needs.
Monday, November 17th, 2014
Real Estate Law
The Real Estate practice group at Gentry Locke has a well-deserved reputation for successfully helping clients achieve strategic and financial objectives, and completing their real estate transactions on time and on budget.
Our experienced team focuses on creating better, quicker solutions to the challenges present in every land transaction. As a result, we enjoy the continued loyalty of buyers, sellers, developers, investors, landlords, and tenants we have the privilege to serve.
We have earned the respect of local government and elected officials in Roanoke, Botetourt, Salem, Blacksburg, Bristol, Lynchburg, Danville, Charlottesville, Waynesboro, Winchester, Harrisonburg, Staunton, Lexington, and all counties and towns in between. These relationships create opportunities to have meaningful discussions with the key decision-makers involved in the approval process for our clients’ land use projects.
The real estate lawyers at Gentry Locke have been principally involved in the purchase, sale or development of some of the most significant real estate projects in western Virginia, including the:
- Acquisition of multiple parcels comprising the Taubman Museum of Art in downtown Roanoke
- Successful approval of more than 250 wireless telecommunication facilities in over 20 municipalities
- Purchase and redevelopment of the largest private marina at Smith Mountain Lake
- Rezoning or permitting of numerous commercial and planned residential developments
- Closing of historic tax credit financing projects for some of the region’s most important historic structures
Real Estate Litigation
Real estate disputes can slow or shut down a project.
That means lost time, money, and opportunities. Whether through negotiation, litigation, mediation, or arbitration, Gentry Locke’s experienced team of real estate litigators creates quick, responsible, and effective solutions to the challenges present in every real estate dispute.
Our real estate lawyers handle a wide range of real estate disputes, including:
We encourage you to review our Real Estate Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.
Acquisition & Development
Every parcel of land is unique. However, the purchase, sale and development of any of them is full of risks and challenges. Some of these are identified during due diligence, and some arise later. Having an experienced team of real estate lawyers who have “been there, done that” advising you through the process is invaluable.
Whether drafting the necessary documents, negotiating their terms, or closing the deal, Gentry Locke’s seasoned practitioners are well-versed in each of the following areas:
- Purchase & Sale Transactions
- Land Acquisition & Development
- Zoning & Land Use
- Commercial Leasing
- Condominiums
- Planned Unit Development
- Billboard and Outdoor Advertising acquisition and development
- Section 1031: Like-Kind Exchanges
- Tax Credit Financing
- Coal and Gas Leasing
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