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.
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.
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.
Professionals in a variety of business sectors, including insurance, healthcare, government contracting, natural resources, finance, 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, 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 on investigations and compliance to provide them with the best protection against future enforcement actions. When our clients face a government inquiry, we’re there 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 corporate clients in investigations, regulatory enforcement actions, and criminal prosecutions initiated and conducted by federal and state law enforcement agencies and governmental entities, including:
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)
Congress
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 for corporate clients facing allegations of employee misconduct or violations of state and 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 have the experience necessary to help our clients navigate the complications inherent in those investigations.
We encourage you to review the personal pages of the attorneys in our White Collar Defense, Investigations & Compliance Group for additional information and then contact us to discuss your legal needs.
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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.
We are a full-service appellate team practicing in Virginia’s state and federal trial and appellate courts. Having handled more than 200 appeals, our team is known for its deep experience in Virginia’s appellate courts and its knowledge of appellate procedure in these courts. Two members of our team have clerked for Virginia appellate court judges: Monica Monday clerked for a former Chief Judge of the Court of Appeals of Virginia and Dave Berry clerked for a former Chief Justice of the Supreme Court of Virginia.
We routinely appear in the Court of Appeals of Virginia, the Supreme Court of Virginia, and the United States Court of Appeals for the Fourth Circuit. And, when necessary, we have experience seeking and resisting certiorari in the United States Supreme Court. We’re familiar with the rules and procedures of these courts, as well as the judicial philosophies of their members.
Having practiced in Virginia’s appellate courts for decades, we are also known for the breadth of our appellate experience. We have successfully handled all kinds of civil appeals, including business and corporate, local government, insurance, banking, contracts, bankruptcy, construction, intellectual property, whistle-blower, personal injury, property, asbestos, trusts and estates, mineral rights, divorce and family law, workers’ compensation, and employment and employment discrimination. In the criminal context, our focus is on complex federal court matters.
Our team often gets involved even before there is an appeal. At the trial stage, we assist trial counsel with framing the critical legal issues for appeal and ensuring that those issues have been preserved for appellate review. We enjoy working side-by-side with trial counsel to draft and argue motions and jury instructions, make objections and proffers, and ensure a complete record for appeal.
Our appeals law firm’s size and resources allow us to handle bet-the-company litigation. Still, our reasonable approach lets us effectively handle smaller cases. Regardless of the size of the case, our focus is to partner with our clients and trial counsel to achieve the best result.
Results
Over the years, our team has earned an outstanding reputation for effective appellate representation. Some of our representative appeals include the following:
Secured reversal of $2 billion verdict, the largest in Virginia history, in trade secret misappropriation case. Pegasystems Inc. v. Appian Corporation, 81 Va. App. 433, 904 S.E.2d 247 (2024)
Secured final judgment for bank in equitable subrogation case concerning entitlement to funds in deposit account. Arch Insurance Company v. FVCbank, 301 Va. 503, 881 S.E.2d 785 (2022)
Obtained affirmance of district court’s “arm of the state” ruling in False Claims Act case. United States ex rel. Arven v. NICA (No. 20-13448) (11th Cir. 2022)
Court reversed federal program fraud conviction and affirmed other counts. Spirito v. United States, 36 F.4th 191 (4th Cir. 2022), cert. denied, 143 S. Ct. 567 (2023)
Obtained affirmance of favorable summary judgment ruling in discriminatory taxation case brought under the Railroad Revitalization and Regulatory Reform Act. Norfolk Southern Ry. Co. v. City of Roanoke, 916 F.3d 315 (4th Cir. 2019)
Court affirmed the trial court’s decision to set aside a multi-million dollar verdict in a government contracting case. CGI Federal, Inc. v. FCi Federal, Inc., 295 Va. 506, 814 S.E.2d 183 (2018)
Secured affirmance of favorable breach of contract judgment. Knox Energy, LLC v. Gasco Drilling, Inc., 637 Fed. Appx 735 (4th Cir. 2016)
In question of first impression involving social host duty to child guest, obtained affirmance of motion to strike. Lasley v. Hylton, 288 Va. 419, 764 S.E.2d 88 (2014)
Court reversed dismissal of defamation case and clarified the defenses to qualified immunity. Cashion v. Smith, 286 Va. 327, 749 S.E.2d 526 (2013)
Obtained reversal of $25 million jury verdict in maritime case relating to asbestos exposure. Exxon Mobil Corp. v. Minton, 285 Va. 115, 737 S.E.2d 16 (2013)
In question of first impression, obtained dismissal of domestic relations appeal based upon terms of property settlement agreement, which waived the right of appeal. Burke v. Burke, 52 Va. App. 183, 662 S.E.2d 622 (2008)
Obtained reversal of adverse judgment in case involving the storage of wastewater from mining operations. Levisa Coal Co. v. Consolidation Coal Co., 276 Va. 44, 662 S.E.2d 44 (2008)
Secured affirmance of compensatory and punitive damages awards for breach of fiduciary duty, tortious interference, and conspiracy. Banks v. Mario Industries of Virginia, Inc., 274 Va. 438, 650 S.E.2d 687 (2007)
Obtained reversal of dismissal in a premises liability case involving a question of first impression. Taboada v. Daly Seven, Inc., 271 Va. 313, 626 S.E.2d 428 (2006), adhered to on rehearing, 641 S.E.2d 68 (2007)
Successful defense of jury verdict in a construction case interpreting statutory warranty for new dwellings. Vaughn, Inc. v. Beck, 262 Va. 673, 554 S.E.2d 88 (2001)
Landmark case clarifying Virginia’s business judgment rule. Willard v. Moneta Building Supply, Inc., 258 Va. 140, 515 S.E.2d 277 (1999)
What Do We Do?
We handle all aspects of the pre-appeal and appellate process, including:
Assisting at trial with critical motions, jury instructions, and preserving issues for appeal
Handling post-trial motions
Reviewing and analyzing the record for appellate issues and error
Obtaining appeal and suspending bonds
Noting and perfecting the appeal
Briefing the appeal
Arguing the appeal
Handling petitions for rehearing
Pursuing appellate costs and attorneys’ fees
What is Appellate Law?
Appellate law is defined as the legal process of appealing a court decision to a higher court for review. In civil and criminal cases, the appellate court’s role is to assess whether the lower court’s decision was legally correct and fair. Appellate attorneys like Gentry Locke specialize in handling these appeals and presenting persuasive arguments to the higher court. Unlike trial proceedings, appellate cases focus on legal issues, precedent, and application of the law rather than reexamining the facts. The appellate process ensures that legal errors are corrected and that justice is served. Effective appellate representation demands a deep understanding of the law, extensive research, and compelling written and oral advocacy. Please let us know how we may assist you with your appeal.
LEGAL DISCLAIMER: THE RESULTS OF CLIENT MATTERS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES. Attorneys licensed to practice in VA, WV, MD, DC, NC, TN, FL, NY, CT, CO, WY, and TX.
