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Environmental

Monday, November 17th, 2014

Businesses in Virginia have come to trust in the specialized experience of Gentry Locke for increasingly complex environmental issues.

There is probably no greater “hot button” in the business world today than environmental issues and the legal disputes they create. Climate change, the green movement, and changing enforcement attitudes have created unprecedented pressures on transactional aspects of business, and these pressures will only increase as businesses are forced to comply with an ever-increasing volume of regulation. Very few firms in the region have meaningful experience with environmental law, which requires keeping a watchful eye on evolving state and federal laws and regulations.

All the more reason to rely on Gentry Locke for innovative solutions and sometimes uncommon approaches to solving your environmental issues. Over the years, we have developed productive relationships with federal, state, and local agencies and decision-makers. These relationships, and the credibility that we’ve earned with the agencies, helps us to navigate the controlling regulations and more efficiently represent our clients.

Businesses and referring attorneys alike seek Gentry Locke’s counsel and representation based on our experience with various issues:

  • Voluntary clean-ups
  • Landowner reclamation of previously contaminated land for productive reuse
  • Business transactions involving the purchase and sale of brownfield real estate and its development and renewal
  • Civil and criminal enforcement proceedings related to actual or potential contamination of water, soil, or air. These may involve the Environmental Protection Agency (EPA), the Virginia Department of Environmental Quality (DEQ), and other federal, state, and local agencies
  • Exposure to certain chemical constituents that result in personal injury and property damages, frequently referred to as “toxic torts.” We provide legal services to those associated with the cause of such damages or injuries. We also represent those suffering from its effects

When adverse environmental conditions result from catastrophic and otherwise unexpected circumstances, environmental laws frequently require immediate response.

We are adept at advising clients in the midst of a crisis regarding their obligations and the most beneficial ways of complying with environmental rules.

Gentry Locke has relationships with qualified technical professionals and contractors, who can form an emergency response team that provides comprehensive emergency on-site services to our clients.

We encourage you to review our Environmental Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.

Risk Management & Assessment

All business transactions involving tangible assets create a potential for risk exposure by reason of environmental laws and regulations at federal, state, and local levels. These risks are shared by both transferor and transferee parties as well as lenders, investors, and beneficiaries. Consequently, Gentry Locke provides legal services to assist in assessing the quantity and quality of transactional risks related to environmental constraints.

Attorneys at Gentry Locke assist clients in the following:

  • Assist in the preparation and review of compliance audits and facility site assessments
  • Review the histories of the businesses and assets involved in transactions
  • Investigate the compliance legacies of parties related to the anticipated transaction
  • Collaborate with financial and technical professionals to assess and quantify risk exposure
  • Develop strategy for risk management or elimination

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Healthcare

Monday, November 17th, 2014

We provide proven, down-to-earth counsel and practical business solutions to individual doctors and groups of physicians.

The complex web of state and federal laws and regulations can sometimes (understandably) overwhelm physicians. Gentry Locke takes great care to protect the interests of its clients, advising them on business matters including physician compensation, billing compliance and government audits, data privacy and security, compliance with self-referral and anti-kickback laws, and the lifecycle of a physician practice. Our lawyers help physicians adapt to meet the new economic and regulatory environment to ensure practice success.

Gentry Locke is considerably experienced at handling purely regulatory functions for any type of physician organization. A particular strength involves the requirements of new hires, departures, new owners, compliance, and Medicare issues. This firm is a smart legal resource for physicians and physician groups who are intent on operating smoothly and profitably amid continual changes to their profession

We encourage you to review our Health Care Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.

Health Industry Compliance, Regulation & Privacy

The health care industry is highly regulated by both state and federal authorities, and is subject to constant change. We advise health care clients on all aspects of regulatory compliance. Attorneys at Gentry Locke can assist with navigating through these regulatory mazes.

The legal services provided by our health care attorneys include the following:

  • Medicare audits
  • Advise on Stark, anti-kickback, and self-referral compliance
  • Certificates of public need
  • Insurance
  • Licensing board interaction and appeals
  • HIPAA requirements

Hospital/Physician Transactions

The relationships among hospitals and physicians are extraordinarily complex and are regulated by both state and federal authorities. We advise health care providers on all aspects of structuring these relationships in accordance with state and federal regulations.

The legal services provided by our health care attorneys include the following:

  • Hospital/physician joint ventures
  • Employment relations
  • Certificates of public need
  • Sale and purchase of medical practices
  • Practice restructuring and separations
  • Managed care contracting

Physician Practices

The relationships among physicians are unique in the commercial world. We advise physicians on choice of entities and all aspects of their relationships with each other and the health care systems in which they function.

The legal services provided by our health care attorneys include the following:

  • Choice of entity
  • Employment agreements
  • Organizational structure and governance
  • Compensation arrangements and compliance
  • Professional split-ups, separations and restructures
  • Medical records compliance

Professional Licensing

Gentry Locke attorneys are called upon by doctors and other licensed professionals to provide effective and aggressive representation when a licensing board investigates or brings charges against a licensed professional.

We have significant experience representing accountants, architects, attorneys, doctors, dentists, engineers, and judges in cases that often impact that professional’s livelihood and reputation. This representation extends to disputes involving credentials and includes privilege issues with hospitals and clinics. We also represent professionals engaging in contract negotiations with employers.

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Civil Defense Litigation

Monday, November 17th, 2014

Combining experience with innovation to defend complex claims.

Gentry Locke’s Civil Defense Litigation practice group is led by Ashley Winsky and Peter Irot, two attorneys with decades of trial experience. The group specializes in providing innovative defense strategies that are tailored to the needs of each client.

Our seasoned attorneys represent a diverse clientele across multiple industries, including the following:

  • Commercial entities in the defense of premises and product liability claims;
  • Businesses and individuals in intentional tort actions such as, defamation, assault and battery, intentional infliction of emotional distress, and false imprisonment;
  • Insurance carriers in loss investigations, complex coverage issues, and bad faith claims;
  • Trucking and transportation companies involved in catastrophic accidents; and
  • Employers and carriers in defense of workers’ compensation claims.

Premises, Products, and Intentional Torts

Our team is experienced in defending individuals and entities in a variety of complex civil actions, including catastrophic torts, products liability, malicious prosecution, false imprisonment, defamation, negligence, and premises liability. Whether the circumstances require a negotiated resolution or litigation, our mission is always the same: to effectively and economically represent each client’s interests in order to achieve the most favorable outcome.

Insurance Carriers

Gentry Locke represents numerous insurance carriers across the full spectrum of litigation in federal district court and Virginia state courts. We assist our insurer clientele by investigating and defending allegations of bad-faith conduct and represent them in coverage issues. We also recognize that not every client’s claim should be litigated, and we have experience in mediating and arbitrating claims in order to achieve a beneficial outcome.

We also have decades of experience in conducting arson and fraud investigations, representation at examinations under oath, supervision of fire origin and cause investigations, and comprehensive analysis of coverage issues.

Trucking and Transportation

Gentry Locke represents motor carriers and logistics companies throughout Virginia. One aspect that sets us apart from other firms is our “rapid response” capability. Our trained attorneys are available around the clock to immediately investigate trucking accidents when and where they occur. We provide on-site assistance, including interviewing witnesses, coordinating with experts, and investigating the circumstances of each accident. Our attorneys work diligently to ensure that our clients’ interests are protected from the moment an accident occurs through the conclusion of litigation.

Workers’ Compensation

Our team of attorneys is composed of many of the most experienced lawyers in this field. We represent major employers in Virginia and have employer, carrier, and claimant clients from the coal fields of southwest Virginia to the Beltway region of Northern Virginia and the shipyards of Hampton Roads. Furthermore, our ability to prosecute workers’ compensation cases extends beyond the claims stage. We have extensive experience with appeals, complex subrogation, and third-party-liability cases stemming from work-related accidents.

AM Best Client Recommended Insurance Attorneys Badge   Badge: AM Best client-recommended for 75 years, an uncommon distinction.

Consistently recommended by A.M. Best, a global full-service credit rating agency serving the insurance industry.

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Intellectual Property & Technology

Monday, November 17th, 2014

Safeguarding the intellectual property (IP) of our clients.

Gentry Locke’s intellectual property and technology attorneys help clients identify and safeguard their intellectual property, or “IP.” A surprising number of business owners don’t recognize the value of their IP or take steps to protect it. The true value of what we do becomes obvious the first time a competitor attempts to copy technology, trade off your goodwill, and confuse the consuming public.

Part of the ever-expanding challenge for our clients is seeing past the amorphous concepts that anchor their ideas and technologies, and recognizing that these concepts become exceedingly tangible when expressed in terms of dollars.

Clients turn to our lawyers for guidance through complex transactions and litigation involving the full range of intellectual property law, including:

  • Copyrights
  • Employment agreements
  • IP audits and due diligence
  • IP portfolio analysis and management
  • Licensing agreements
  • Nondisclosure agreements
  • Privacy and data protection
  • Trademarks and service marks
  • Trade secrets

We also have resources available to provide patent assistance.

IP is a fast-changing area of law. Gentry Locke stays on top of the latest developments in an on-going effort to make sure clients recognize their rights and protect their work product—often their life’s work.

We encourage you to review our Intellectual Property and Technology Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.

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Municipal & Local Government

Monday, November 17th, 2014

Our experienced and innovative local government lawyers represent localities in disputes and complex matters.

Our local government attorneys have the experience with and understanding of local government issues that allows them to efficiently and effectively solve local government litigation and other problems.

Gentry Locke’s local government group combines rich local government, litigation, and transaction expertise in representing our local government clients. We understand the necessity of working closely with local government attorneys and managers, accurately analyzing the legal challenges facing local governments, and implementing the best solution.

Our attorneys make it a priority to be accessible and responsive to our local government clients.

Always accessible and responsive, our local government attorneys focus on solving our clients’ problems through creativity, specific experience, and quality legal work. We have successfully represented Virginia local governments in litigation, alternative dispute resolution, and complex transactions. Our areas of specific experience include:

Counsel to Boards, Councils & Commissions

Gentry Locke’s local government attorneys have served as counsel to many different local government entities, including city and town councils, boards of supervisors, school boards, planning commissions, zoning appeals boards, economic and industrial authorities, housing authorities, and public service authorities. Counsel is provided for specialized issues such as construction, environmental, employment and finance, as well as general governmental issues, such as powers, procedures and duties, Freedom of Information Act, conflicts, public procurement, utilities, zoning and land use, and economic development transactions.

Law Enforcement Agencies

Gentry Locke’s experienced local government attorneys understand the unique environment in which public safety organizations operate, and we are prepared to promptly and efficiently address issues relating to policies and procedures, employment and labor relations, Procedural Guaranties Act, excessive force claims, and federal actions under 42 USC § 1983.

Local Government Finance

From many years of experience, Gentry Locke’s local government attorneys have acquired a thorough understanding of the unique rules relating to the financing of our local governments, including the Public Finance Act, the Credit Clause and other constitutional issues, the Dillon Rule, and local taxation. In addition to providing counsel regarding public finance issues, our attorneys serve as counsel with respect to general obligation and revenue bond transactions.

Powers & Procedures

Gentry Locke’s experienced local government attorneys are prepared to promptly address questions related to the powers and procedures applicable to local governing bodies, planning commissions, zoning appeals boards, school boards, and special purpose entities such as public service authorities, economic development authorities and industrial development authorities.

We provide assistance to clients with the following:

  • Freedom of Information Act
  • Conflicts of interest
  • Public procurement
  • Risk management
  • Intergovernmental relations
  • Preparation and review of agreements
  • Dillon Rule issues

Risk Management

Through many years of experience, Gentry Locke’s local government attorneys are able to bring innovative and effective risk management strategies to the table to address the risks inherent in local government operations. Our attorneys possess a thorough understanding of risk transfer mechanisms and insurance, as well as the unique risks arising from construction, law enforcement, recreation, and public facilities. Our focus is always on the best interests of our client. We recognize that the practice of preventive law can result in the avoidance of costly and time-consuming litigation.

School Boards

In addition to possessing a thorough understanding of the general rules applicable to all public entities, such as Freedom of Information Act, Conflict of Interests Act, Public Procurement Act, and Dillon Rule, Gentry Locke attorneys have vast experience with the specialized issues faced by school boards and school administrators. These specialized issues include:

  • Powers and duties of school boards
  • Student discipline
  • First Amendment
  • Disabled students
  • Contracting with and discipline of teachers
  • Financing and constructing school facilities

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Mineral Rights & Natural Resources

Monday, November 17th, 2014

Energy sources are more significant than ever before.

Our entire economy depends upon reliable energy, but this area of industry and the law is one of the least stable. Coal is under attack like never before, and of late gas is more plentiful. In this environment, every dollar counts — and good counsel is more important than ever.

Gentry Locke’s Mineral Rights & Natural Resources team includes a group of partners who bring together both substantive industry experience and broad-based, multidisciplinary practices. We advise clients on the entire spectrum of issues that can affect this industry sector, including:

  • Royalties
  • Contracting
  • Permitting
  • Environmental compliance
  • Labor relations
  • Government regulation
  • Securities
  • Tax
  • Compensation
  • Employee benefits

Our team has earned an enviable reputation for handling coal, gas, and coal bed methane disputes—which is valuable since we live and work in the heart of Appalachia. We’ve been honored to represent a broad range of clients, from major producing companies to mineral rights owners and landowners.

We encourage you to review our Mineral Rights & Natural Resources Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.

Coal

Appalachian thermal coal was once the cornerstone of American energy, but its future now hangs in the balance for a host of reasons. Metallurgical coal presents a complicated problem as well, with major players reorganizing, decreased global demand, and increased competition from lower cost Australian suppliers. There is no safe harbor in this market. Now, more than ever, getting it right is critically important. And, no one can afford to be careless with financial resources.

At Gentry Locke, our attorneys are familiar with all aspects of this volatile industry, its players and its regulators. We offer a unique perspective in that we do not limit our representation to a particular segment of the industry. Rather, we represent our clients — whether they are large coal companies, contract miners (often in dispute with large coal companies), property owners (routinely in dispute with larger coal companies), individuals, or local governments in coal mining localities. We firmly believe that the experience gained from this diversity of representation allows and encourages us to see things from every angle rather than responding with reflexive impulses developed over decades of representing one particular point of view.

Our clients trust us to:

  • Represent their interests in all aspects of litigation
  • Assist in coal asset transactions
  • Work with regulatory authorities
  • Negotiate leases and other agreements
  • Assist with audits
  • Resolve disputes over development issues, contract miner issues, tonnage discrepancies, duties to mine, termination of agreements, waste of assets, and a host of other related issues.

The lawyers at Gentry Locke have the knowledge and the energy to take on these often difficult cases.

Recent coal cases have included the following:

  • September 11, 2015: Gentry Locke obtained a multi-million judgment in favor of contract miner
  • March 18, 2014: Gentry Locke obtained a large arbitration award against a major U.S. coal company
  • 2013-2015: Gentry Locke represented coal owner interests in federal class action over competing property rights in coalbed methane
  • 2014-2015: Gentry Locke represented long-time property owners against claims that prior conveyances were invalid
  • 2015: Gentry Locke negotiated a favorable resolution to complicated regulatory claims against contract miner client
  • 2014-2015: Gentry Locke represented large energy company against multi-million dollar contract claims
  • 2013-2014: Gentry Locke represented Southwest Virginia local governments in negotiations with the coal industry regarding severance taxes
  • On June 1, 2010, Gentry Locke completed a settlement netting $75 million for coal owners whose idle coal reserves had been used by a large coal company to store mine wastewater
  • On June 6, 2008, the Virginia Supreme Court issued a landmark ruling in favor of Gentry Locke’s client, Levisa Coal Company, finding significant reserved rights under coal lease
  • Obtained verdict against prep plant operator in Buchanan County, Virginia (2009)
  • Represented large landowner in dispute over wheelage and property rights after coal lease terminated (ongoing)
  • Judicially overturned arbitration decision denying coal owner clients’ claims that coal operator had caused coal to be come “lost or threatened” under coal lease

Gas/Coal Bed Methane

Virginia was in the forefront with developing this once discarded by-product of coal mining. In 1990, the Virginia General Assembly passed the Gas and Oil Act, clearing the way for the development of coal bed methane. Now, there are thousands of coal bed methane wells in Virginia, with aggressive development increasing each year.

As the coal bed methane industry has matured, Gentry Locke has been there to assist clients in sorting out the legal issues and, where necessary, litigating unsettled areas of the law such as:

Royalty Deductions:

  • See Levisa Coal Company, et al. v. Consolidation Coal Company. Gentry Locke recovered a verdict of $10,679,807 establishing: (1) that the gas operator was not entitled to calculate royalty deductions so as to recover an after-tax rate of return or even any cost of capital for post-production costs such as gathering, compressing and transporting gas; (2) that capital costs for gathering and compression assets must be amortized over 30 years; and (3) that capital costs for pipeline assets must be amortized over 40 years.

Ownership of coalbed methane:

This thorny area of disputes has had a long life in Virginia.

  • See Harrison-Wyatt, LLC v. Donald Ratliff, et al. In this landmark case, Gentry Locke represented coal owners in resolving the long-unsettled issue of whether coal or gas owners properly claimed the coal bed methane; and
  • See John Sheffield, Trustee, et al. v. CNX Gas Company, LLC, et al. In this case, Gentry Locke represented owners of the gas estate against claims by the owners of “other minerals,” establishing that the gas owners are the rightful owners of coal bed methane.
  • See Hale v. CNX Gas Company, LLC et al. In this class action case, Gentry Locke represented coal owner interests, particularly regarding whether the law in Harrison-Wyatt applied to FRAC gas where coal mining has not occurred.

Rights of Competing Gas Operators:

Duties of Operators to protect coal bed methane:

  • In Yukon Pocahontas Coal Company, et al. v. Consolidation Coal Company, et al, Gentry Locke asserted that its gas owner clients were owed a duty by the gas operator, CNX, to protect the gas owner’s interests. Gentry Locke successfully asserted the existence of a duty to act as a reasonably prudent gas operator, surviving pre-trial motions designed to exclude such a duty. The case settled for $75 million immediately prior to trial.

“Consent to Stimulate” coal bed methane:

  • In Virginia, coal bed methane operators must obtain the coal owner or lessee’s “consent” to stimulate the coal in order to produce the gas. This has provided a substantial advantage to gas operators affiliated with coal lessee’s. Gentry Locke has been very active in addressing these issues.
  • Decision of Director of the Virginia Division of Gas and Oil, May 4, 2008: (finding Island Creek Coal Company, which has no active mines or mine permits, is not a coal “operator” entitled to oppose CBM development under the consent to stimulate law in Virginia). Decision was subsequently reversed by the Virginia Gas & Oil Board.

Contract disputes:

  • In Gasco Drilling, Inc. v. Knox Energy, LLC and Consol Energy, Inc., Gentry Locke represented CNX Gas Company, LLC against claims asserted by a services vendor.

As a result of our active involvement in these and many other disputed issues, Gentry Locke is known as the legal leader in all aspects of the coal bed methane industry.

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Real Estate, Land Use, and Zoning

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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Regulatory Compliance & Enforcement

Monday, November 17th, 2014

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.

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Hospitality

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 claimsEEOC 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.

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Tax

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.

Click to be taken to an interactive Opportunity Zone map for Virginia

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

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