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
Gentry Locke handles sophisticated issues related to commercial, industrial, and public-sector construction projects.
We do everything from assisting with project development and contracts up front all the way through to helping resolve the payment and defective-construction issues that may arise after the end of a job. We represent parties from all aspects of the industry, which allows us to see issues and disputes from all angles. We’re also active participants in industry groups like the AGC and the Virginia Transportation Construction Alliance.
In short, Gentry Locke knows the very competitive construction industry. Group leader Spencer Wiegard sees to it that Gentry Locke attorneys meet the demands of this industry by applying our deep knowledge, hard work, and exhaustive preparation. Our solid legal credentials come with a reputation for being down-to-earth, approachable people with an effective and healthy balance between aggressive and reasonable representation.
Construction Law
In construction law, the issues are complex and the timing is always critical. Gentry Locke hits its stride when it comes to the punch-list of needs and issues: contract document origination and refinement, build/design agreements, licensing, real estate, workplace safety (OSHA), labor relations, procurement, environmental requirements, insurance, and much more.
A majority of our firm’s construction-client relationships come as a result of referrals from other professionals, such as insurance and bonding companies. Clients with major projects in other states routinely seek our assistance. In such instances we provide crucial counsel, as was the case with a steel-fabricator client with major contracts including the new World Trade Center reconstruction project. Gentry Locke represents one of the oldest pipeline and utility contractors in Virginia in all aspects of its business, including procurement issues, contract negotiations, disputes, employment issues, and OSHA compliance. Our practical, logical approach to our work helps clients toward their ultimate goal: projects that continue smoothly to a successful conclusion. We’re proud to claim a considerable list of satisfied, long-term clients.
Construction Litigation
We handle litigation for construction companies, building owners, subcontractors, contractors, suppliers, bonding companies, architects, and engineers.
Gentry Locke routinely handles disputes typical of the construction industry: nonpayment, mechanic’s liens, change orders, payment bonds, performance bond issues, construction defects, workmanship, contract specifications, faulty practices, and various other types of “who’s going to pay?” claims.
We understand that construction delays associated with legal disputes can be very costly. So Gentry Locke always counsels clients to at least consider alternative dispute resolution options, because methods such as arbitration or mediation often can bring adverse parties together with the greatest speed and at the lowest resulting cost. Ultimately, our aim is to help clients achieve a minimum of controversy and a maximum of project success.
We have a broad network of expert consultants who can add clarity and value to a case, when needed, and help us work through the issues more efficiently.
We encourage you to review our Construction Practice Group attorneys’ personal pages for additional information and then contact us to discuss your company’s legal needs.
Contract Disputes
Construction projects large or small involve contractual relationships between the owner, the general contractor, subcontractors, material suppliers, engineers, and architects. Disagreements between these parties are governed by the contractual relationships between them.
Our Construction attorneys assist general contractors, owners, subcontractors, and material suppliers in a wide range of construction contract-related issues, including:
- Contract drafting
- Contract review and revision
- Contract negotiation
- Litigation of construction contract disputes
- Arbitration of construction contract disputes
- Mediation of construction contract disputes
Surety & Bonding Claims
Construction projects large or small involve contractual relationships between the owner, the general contractor, subcontractors, material suppliers, engineers, and architects. Disagreements between these parties are governed by the contractual relationships between them.
Our Construction attorneys assist general contractors, owners, subcontractors, and material suppliers in a wide range of construction contract-related issues, including:
- Contract drafting
- Contract review and revision
- Contract negotiation
- Litigation of construction contract disputes
- Arbitration of construction contract disputes
- Mediation of construction contract disputes
Mechanic’s Liens
Any number of issues can prevent a construction project from proceeding at a profitable pace. Mechanic’s Liens are one problem that attorneys at Gentry Locke can help solve expediently and efficiently.
Whether we are filing liens or defending against them, we are knowledgeable and experienced in working through the many obstacles and rules relating to mechanic’s liens, including:
- Perfecting mechanic’s liens
- Enforcing mechanic’s liens
- Defending against mechanic’s lien claims
- Bonding off mechanic’s liens
Monday, November 17th, 2014
Management Advice
Gentry Locke’s Employment & Labor group helps companies solve their “people problems.” Since these problems come in all shapes and sizes and can be exceedingly complex, experience is essential.
Group Chair Todd Leeson oversees a legal team known for giving candid, realistic assessments and creative solutions. Our clients have come to rely on the commonsense approach that we take to resolving problems in today’s increasingly litigious society. We anticipate issues before they happen and provide counsel to minimize risk, and when disputes occur, we serve as dedicated advocates for our clients’ positions.
Our labor law attorneys steadfastly believe that businesses are better off if they remain union-free. We regularly represent businesses faced with union organizing campaigns and initiatives. In so doing, we strive to ensure that our clients oppose the union using lawful means and strategies. We also have substantial experience representing employers on unfair labor practice charges before the National Labor Relations Board (NLRB).
Securing our employment law counsel reflects a decision to manage risk and, when possible, to avoid litigation.
Our clients who own or operate companies appreciate that we are accessible, cost-effective, and driven to completely serve their needs.
We have a demonstrated track record of competing successfully with both larger regional national law firms, as well as employment and labor boutiques. The attorneys in our Employment and Labor team have been consistently recognized by Best Lawyers in America, and have earned leadership positions in national and statewide professional organizations.
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
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.
Monday, November 17th, 2014
Combining experience with innovation to defend complex claims.
Gentry Locke’s Civil Defense Litigation practice 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.
Consistently recommended by A.M. Best, a global full-service credit rating agency serving the insurance industry.
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.” In a digital age, almost every business interacts with IP, and the value associated with protecting intellectual property and avoiding IP violations has grown exponentially across the past few decades. The true value of what we do becomes obvious the first time a competitor attempts to copy technology, trade off your goodwill, or 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 and cents.
Clients turn to our lawyers for guidance through complex transactions and litigation involving the full range of intellectual property and technology law, including:
- Copyrights
- Copyright registrations
- Licensing
- Infringement and litigation
- Artificial intelligence and technology protection and ownership
- Defense against “troll” claims and image rights demand letters
- Employment agreements
- IP audits and due diligence
- IP portfolio analysis and management
- Licensing agreements
- Nondisclosure agreements
- Privacy and data protection
- Trademarks and service marks
- Trademark searches, development, and registration
- Licensing
- Infringement and litigation
- TTAB proceedings and office action responses
- Trade secrets
- Rights of Publicity and Privacy (private rights associated with name, image, and likeness)
- Defamation and False Advertising
- Software as a Service (SaaS) agreements, IT and cloud-managed services agreements, generative AI, data processing agreements.
We also have resources available to provide patent assistance.
IP remains one area of law that is constantly evolving. Gentry Locke stays on top of the latest developments in an on-going effort to make sure clients recognize their rights, protect their work product—often their life’s work, and avoid costly infringement traps.
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.
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
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:
- See GeoMet v. CNX Gas Company, LLC:
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.
Monday, November 17th, 2014
Popular culture sometimes paints all personal injury law practices with the same broad generalizations, but things are different at Gentry Locke.
The Personal Injury team at Gentry Locke specializes in high-profile, complex cases. If there is a major personal-injury proceeding in the region, chances are that we will be at the front of it, representing our client’s interests with diligence and compassion. As a result of our deep experience and resources, Gentry Locke frequently gets referrals from other personal injury attorneys who seek our help in complex personal-injury cases.
Gentry Locke stands out as a leader in personal injury law in Virginia with a specialization in high-profile, complex cases. Our client-focused approach and dedication to exceptional service sets us apart. From major personal injury proceedings to smaller cases, we offer personalized attention, striving to deliver the best outcomes for our clients. The difference: our experienced personal injury lawyers and access to top-tier experts mean we go the extra mile to help our clients prevail.
Gentry Locke handles a wide variety of cases including:
Our personal injury lawyers focus on quality of cases rather than quantity of cases.
We utilize a wide variety of professionals to help investigate cases to determine their merit. These include in-house registered nurses and other medical professionals.
Our clients appreciate that our team is able to go directly to accident sites to preserve critical evidence. They appreciate as well that Gentry Locke is staffed with nurses and investigators and has access to top-tier experts who can make a critical difference in helping the opposition and the jury more fully understand why our clients deserve to prevail.
We welcome the biggest and most daunting cases. But every case we handle gets individualized attention, because we derive great satisfaction from returning a measure of justice to those who deserve it most.
We encourage you to review our Personal Injury Practice Group attorneys’ personal pages for additional information and then contact us to discuss your legal needs.
