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U.S. Department of Labor’s Final Overtime Rule Not Expected in 2nd Half of 2016

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Earlier this year, the U.S. Department of Labor (DOL) announced a series of proposed changes to its federal regulations regarding worker classification.  If implemented, the highly controversial rule would require U.S. employers to potentially re-classify over 5 million workers as “non-exempt”—greatly expanding the number of U.S. employees eligible for overtime compensation.  The DOL received over 250,000 public comments on the proposed changes throughout its open comment period, which ended on September 4, 2015.

Since that time, employers have had three common questions: (1) when would the DOL release its final decision on the proposed changes; (2) what will the final changes (if any) entail; and (3) when will employers have to comply with any final changes.  Recent (yet conflicting) guidance from President Obama’s Administration indicates that the final ruling will not be issued before July 2016, and likely later into the year.

On November 20, 2015, the U.S. Office of Management and Budget (OMB) published its Fall 2015 Unified Agenda and Regulatory Plan

The important thing to know about these dates [in the Unified Agenda] is that they are estimates and rarely accurate.  The agency has no legal obligation to meet that published deadline.  Some rules have been on the regulatory agenda for years and they just change the date with the new agenda comes out.”

Prior to the publication of the Fall Unified Agenda, officials with the DOL, including Solicitor of Labor Patricia Smith, indicated that the final rule would likely be issued sometime in “late 2016.”  DOL officials also stated that any changes would be issued early enough to for the changes to take effect before the President Obama leaves office.

Under either scenario, employers should not have to comply with any of the proposed changes to the FLSA’s overtime exemptions during the 1st half of 2016.  However, the “late 2016” predictions are important for employers if true, as it suggests that the time between publication of the final rule and its effective date will be short, because the later the final rule is published, the smaller the window of time the department can allow employers to review and adapt before the new regulations become effective.  In fact, it is very likely that employers may only have 30 to 60 days after the final changes are published before they become legally effective.

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Will Peyton Manning Win Defamation Case?

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The Al Jazeera report that Peyton Manning’s wife received shipments of Human Growth Hormone has been much discussed the past several days. Peyton has said that any implication that he used the drug is a “complete fabrication” and that he is so angry that he’ll probably sue Al Jazeera.

My good friend Rick Cleveland has recently written that a good editor would have told the reporter to “Go back. Dig deeper. You need more sources. This won’t stand up. You’ve got one source and he’s recanted. You’ve got nothing. We can’t go with this.” Rick is correct. Had I been the broadcast’s entity’s attorney, I would have recommended the route Rick is suggesting. But the question now is a different one. The question now is whether Peyton can win a defamation case given the legal standards that exist. My answer is that I doubt he can win.

Let’s assume that the story turns out to be completely untrue. Many of us who have followed the Manning family for many years would like to believe that is the case. Even so, Peyton will have a tough time prevailing in a defamation case. The reason is that there is a very different standard in defamation cases for “public figures” than is true for ordinary citizens. That is because the United States Supreme Court long ago ruled that publishers should be protected in the “public figure” arena so as to promote public discussion of important issues.

Few would question that Peyton Manning is a “public figure”. His success as an NFL quarterback has brought with it great fame. In addition to his exploits on the field, he has been interviewed countless times and he even appears in commercials for various products.

As a “public figure”, Peyton would have to prove not only that the report was false, but also that the publisher either knew it was false or published the story in “reckless disregard” of whether it was true or not. In determining whether a story was broadcast or printed in “reckless disregard” of its truth, the Supreme Court has promulgated this test: “There must be sufficient evidence to permit the conclusion that the defendant entertained serious doubts as to the truth of its publication.” Among other things, there’s the problem of the pharmacist’s statements on tape even though he recanted after the broadcast. To prevail will be a huge hill for Peyton to climb.

Mississippi Environmental Quality Permit Board Summary of Meeting Held December 8, 2015

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on December 8, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.  The Board approved minutes from the November Regular meeting along with non-controversial actions/certifications by the staff since the November meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases, bond application, and permits to rescind.

Surface Mining Bond Releases:

Permittee County Permit Staff Recommendation
Eutaw Construction Company Clay P13-002 Initial 50% release
South Byram Properties, Inc. Hinds P06-009 Initial 20% release
Eutaw Construction Company Lee P01-008 No additional release

Surface Mining Bond Application:

Permittee County Permit Staff Recommendation
APAC-Mississippi, Inc. Yazoo A1928 Approved

Surface Mining Permit to Rescind:

Permittee County Permit Staff Recommendation
RaCon, Inc. Lowndes P10-007 Rescind
RaCon, Inc. Lowndes P10-015 Rescind
RaCon, Inc. Lowndes P10-016 Rescind
RaCon, Inc. Lowndes P10-025 Rescind

MDEQ Staff recommended that Fuller Pit, LLC in Tishomingo County, No. P94-068T1 combine Permit Nos. P94-068T1 and P94-065T1, rescind P94-065T1, and retain P94-068T1 as the final Permit Number.

OFFICE OF POLLUTION CONTROL

No items on the agenda

OTHER BUSINESS

MDEQ reported that a draft version of the Findings of Facts from the Evidentiary Hearing regarding the Board’s issuance of the NPDES Permit MS0061743 to the West Rankin Utility Authority (“WRUA”) is not complete at this time.  They anticipate bringing this matter back before the Board at either the January or February 2016 meeting.

The next Permit Board meeting will be held on January 12, 2016 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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Singley and Lawhorn Win Fifth Circuit Appeal for Eka Chemicals

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On December 8, 2015, the Fifth Circuit affirmed the District Court for the Northern District of Mississippi’s order of summary judgment in favor of Eka Chemicals, Inc.  The District Court’s order dismissed the Plaintiff’s employment discrimination action in which he alleged Eka Chemicals terminated his employment on the basis of his age in violation of the Age Discrimination in Employment Act.  The District Court held that the Plaintiff failed to prove that Eka Chemicals’ legitimate, nondiscriminatory reasons for terminating him were pretext for discrimination, and affirmed its holding on Plaintiff’s Motion for Reconsideration.  On appeal, the Fifth Circuit affirmed the District Court’s ruling, holding that the Plaintiff failed to prove that the Plaintiff’s age was the “but-for” cause for his termination.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held November 10, 2015

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 10, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.  The Board approved minutes from the September Special and Regular meetings along with non-controversial actions and certifications by the staff since the September meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases

Surface Mining Bond Releases:

Permittee

County

Permit

Staff Recommendation
TCB Construction Company

Harrison

P03-046

Initial 80% Release
Hammett Gravel Company, Inc.

Holmes

P-98-023

Final 30% Release
Hammett Gravel Company, Inc.

Holmes

P-02-039

Final 30% Release
Hammett Gravel Company, Inc.

Holmes

P-03-006A

Final 30% Release

OFFICE OF POLLUTION CONTROL

No items on the agenda

OTHER BUSINESS

MDEQ staff reported that during their meeting of October 22, 2015 the Mississippi Commission on Environmental Quality was notified of the new public records regulations ensuring fees remain consistent with those of other state agencies.  These new regulations are to be effective November 23, 2015.

MDEQ staff also reported that a draft version of the Findings of Facts from the Evidentiary Hearing regarding the Board’s issuance of the NPDES Permit MS0061743 to the West Rankin Utility Authority (“WRUA”) should be completed by the end of this week and sent to WRUA and the City of Jackson for their review and comment.  They anticipate bringing this matter back before the Board for the meeting of December 8, 2015.

The next Permit Board meeting will be held on December 8, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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Mississippi Commission on Environmental Quality Summary of Meeting Held October 22, 2015

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on October 22, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Van Devender, Chair, called the meeting to order.  The Commission approved minutes from the previous meeting held on August 27, 2015.  Following a prepared agenda, items considered were as follows:

Commission Approval of Brownfield Consulting Firms

The Commission approved applications for the following two firms requesting to be listed as Brownfield Consulting Firms based on staff recommendation.

FC&E Engineering, LLC

PO Box 1774

Brandon, MS 39043

Waggoner Engineering, Inc.

103-A Lefleurs Square

Jackson, MS 39211

Commission Approval of Environmental Covenant

The Commission approved the Environmental Covenant for the Davis Timber Company Superfund Site in Lamar County, MS based on staff recommendation.  The Covenant is between the Commission, Gayle and Tommy M. Davis and the United States Environmental Protection Agency regarding the remediation of property located on Jackson Road in Hattiesburg.

The restrictions in the proposed Environmental Covenant will allow the site to be used as a community-based animal shelter. MCEQ staff believes that with the conditions and restrictions contained in the Covenant, the site will be in compliance with Federal and State laws and standards and will be protective of public health and the environment.  Further, MCEQ staff noted that this project has been recognized for excellence in supporting resource reuse.

2015 Triennial Review:  Proposed Amendments to Mississippi’s Water Quality Standards

Mike Freiman, P.E. of MDEQ staff described the modifications that are anticipated in the 2015 triennial review.  MDEQ is required to update the state’s water quality standards document every three years.  The anticipated changes are (1) an update of the bacterial indicator for freshwaters from fecal coliform to e.coli, and (2) minor revisions to the language regarding pH criteria.  The public comment period for the proposed revisions in currently underway and a public hearing is scheduled for November 5, 2015.

Mississippi’s Priority Framework for Listing Priority Watersheds

MDEQ staff presented an update to the Commission on MDEQ’s efforts to prioritize watersheds in response to an EPA initiative.  In response, MDEQ has developed a multi-program approach to set planning priorities for watershed protection and restoration.

Commission Approval of Hazardous Waste Management Regulation Amendments

The Commission approved the adoption of amendments to Mississippi’s hazardous waste regulations presented by MDEQ staff.  The amendments included the following:  (1) management criteria for cathode ray tubes, (2) criteria regarding carbon dioxide streams when used for carbon sequestration, and (3) implementation of electronic manifest systems.  A public hearing on the amendments was held on September 15, 2015 and no comments were received.

Adoption of Amendments to “Regulations Regarding the Delegation of Authority from the Mississippi Commission on Environmental Quality to the Executive Director of the Mississippi Department of Environmental Quality.”  11 Miss. Admin. Code Ch. 1, Pt. 1.

The Commission approved proposed amendments to Mississippi Regulations Regarding the Delegation of Authority from the Mississippi Commission on Environmental Quality to the Executive Director of the Mississippi Department of Environmental Quality.  The amendments allow the following changes:  (1) clarification of the Executive Director’s authority to issue orders pursuant to the Mississippi Surface Coal Mining and Reclamation Law; (2) authority to enter into reciprocity agreements with other states related to certifications; (3) authority to issue administrative orders to require compliance of water well drillers operating in violation of Mississippi law, regulations or other Orders; (4) authority to execute, approve and amend environmental covenants (5) authority to delegate the authority to sign Commission Orders to the Chief of Staff; (6) authority to re-issue, deny or revoke Asbestos Certifications and approve Asbestos Abatement Training Programs; (7) authority to re-issue, deny or revoke Underground Storage Tank (“UST”) Certifications to individuals authorized to install, alter and/or close USTs; (8) authority to re-issue, deny, or revoke Landfill Operator and Class I Rubbish Site Operator Certifications, Wastewater Operator Certifications, Wastewater Training Programs, Water Well Driller Licenses, Lead Certifications, and Lead-Based Paint Activities Training Programs; (9) authority to requisition and use funds in the Nonhazardous Solid Waste Corrective Action Trust Fund and Waste Tire Abatement Funds; (10) authority to discharge or exercise any power or duty granted to the Commission by the provisions of the Surface Coal Mining and Reclamation Law; and (11) authority to approve and award Regional Recycling Cooperative Grants and Nonhazardous Solid Waste Corrective Action Fund Cooperative Agreements.

A public hearing on the proposed amendments was held on October 14, 2015 and no comments were received.

Adoption of Amendments to “Regulations Regarding the Review and Reproduction of Public Records.” 11 Miss. Admin. Code Ch. 1, Pt. 2.

The Commission approved proposed amendments to Regulations Regarding the Review and Reproduction of Public Records.  The amendments provide clarity and further detail about how public records requests can be made and how MDEQ processes such requests.

CERTIFICATIONS APPROVED

Asbestos:                     188 certifications

Lead Paint:                  119 certifications

Underground Storage Tanks:            18 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Nine (9) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

There have been the (10) administrative orders were issued by the Executive Director and approved by the Commission since the last report.  These include the following matters:

Program Area Number of Orders Penalty Range
NPDES 1 $2,500
Large Construction Stormwater 2 $4,000 – $5,000
Solid Waste 2 $0 – $4,000
Ready Mix Concrete 1 $8,800

Reneptco II, LLC of Bay Springs, MS was assessed a civil penalty of $87,500 for polluting state waters due to a well control event that released crude oil into waters of the State.

An order confirmed the Commission’s adoption of the amendments to “Regulations for Ambient Air Quality Nonattainment Areas” and the associated Revision to the MS State Implementation Plan (SIP Revision).

An order confirmed the approval of the comprehensive update of the Jefferson County Solid Waste Management Plan.

An order adopted the Water Pollution Control Revolving Loan Fund Program’s Final Intended Use Plan (IUP) for fiscal year 2015.

The Commission entered into an executive session to discuss pending litigation.

The next Commission meeting is scheduled for December 2, 2015.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes, PLLC, located in Jackson, Mississippi.

This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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Kaufman, Carmody, and Lawhorn Win Supreme Appeal for Regions Insurance

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On October 8, 2015, the Mississippi Supreme Court unanimously affirmed the Madison County Circuit Court’s judgment confirming a substantial arbitration award in favor of Regions Insurance, Inc. d/b/a Regions Insurance.  The underlying arbitration involved two former employees’ violations of their employment contracts with Regions.  Specifically, Regions alleged the former employees wrongfully and intentionally conspired together and with their new employer, a direct competitor of Regions, to divert business from Regions to themselves.  The arbitrator found that the former employees breached their employment agreements with Regions and awarded Regions compensatory damages pursuant to the defined formula in the agreements, punitive damages, attorneys’ fees, and arbitration expenses and costs.  The Madison County Circuit Court affirmed the arbitration award, despite the former employees’ arguments that the arbitrator exceeded his powers by awarding equitable relief and that the arbitrator’s conversation with a potential witness after the hearing but before issuing the award constituted undue means, misconduct or misbehavior.  The former employees appealed the Circuit Court’s judgment to the Mississippi Supreme Court, and the Mississippi Supreme Court held that the arbitrator did not exceed his authority because the former employees’ submission to arbitration included Regions’ claim for damages pursuant to the defined formula.  Additionally, because the arbitrator’s conversation with the potential witness was neither material nor influential to the award, the Court found that the arbitration award was not procured by undue means and that the arbitrator’s conduct did not prejudice the former employees’ rights.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held September 8, 2015

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 8, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.

The Board approved minutes from the August meeting. Also the Board approved non-controversial actions/certifications by the staff since the August meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases and permits to transfer.

Surface Mining Bond Release:

Permittee

County

Permit

Staff Recommendation
Eutaw Construction Company

Monroe

P98-025

Initial 80% Release
Hammett Gravel Company

Holmes

P00-019

Final 30% Release
Hammett Gravel Company

Holmes

P00-059

Final 40% Release
Lloyd G. Spivey, Jr.

Madison

P02-014

Final 10% Release
Dubois Dozer & Dirt, Inc.

Rankin

P06-015

Additional 30% Release
Dubois Dozer & Dirt, Inc.

Rankin

P06-031

Final 50% Release
Dubois Dozer & Dirt, Inc.

Rankin

P08-012A

Initial 60% Release

Surface Mining Permit to Rescind:

Permittee

County

Permit
Standard Gravel Company, Inc.

Forrest

P08-002
Edgin Construction, Inc.

Adams

P07-008

OFFICE OF POLLUTION CONTROL

Construction Branch:

The Board approved issuance of the Modification of Asphalt General Permit Coverage (MSR700098) for Huey P. Stockstill, LLC, Picayune Ready Mix and Asphalt Plant.  Upon notification by the Applicant, a neighboring property owner submitted a letter of concern requesting that the Applicant locate the facility a less-populated area. The letter did not express any environmental concerns.  Because facility’s application is complete and the facility is currently in compliance, MDEQ recommended issuance of the Modification.

Solid Waste Management and Mining Branch:

The Board approved Reissuance of Solid Waste Permit (SW009010B0302) for Waste Management of Mississippi, Inc., Prairie Bluff Sanitary Landfill and Recycling Center in Chickasaw County. A public hearing on the permit was held, and there was no opposition at the hearing.   Because the facility’s application is complete and the facility is currently in compliance, MDEQ staff recommended reissuance of the Permit.

Agricultural Branch:

The Board approved modification of coverage under the AFO General Permit (MSG201834) and Storm Water Coverage (MSR106963) for GottaGo Poultry in Copiah County.  The modification will include eight poultry houses and construction activity on twelve acres of land.  Staff stated that upon notification by the Applicant, a neighboring property owner submitted a letter of concern regarding health risks.  Because the facility’s application is complete and the facility is currently in compliance, MDEQ staff recommended issuance of the modification.

Solid Waste Policy, Planning, and Grants Branch:

The Board approved the proposed Statewide General Permit for Biosolids Land Application (SWGP-BLA).  Sites approved under this permit must meet the siting and operational standards established by the Mississippi Nonhazardous Solid Waste Management Regulations as well as Federal Standards for the Use and Disposal of Sewage Sludge.  Facilities approved under the General Permit will be required to prevent run-off and limit public access and livestock grazing.

MDEQ received three comments at public hearing on the draft General Permit held on August 4, 2015. In addition, two letters of concern were submitted to the agency.  The stated concerns included sludge application methods, the possibility of runoff from application sites, and the advantage of a general permit compared to an individual permit.

In response to questions from the Board, MDEQ Staff stated that the General Permit will require application methods that are similar to the individual permits already in place:  biosolids will be tested prior to application, buffers between adjacent land will be required, and access to application sites will be limited.  Further, the General Permit will allow MDEQ to require monitoring of nearby streams and groundwater when site-specific conditions warrant such monitoring.  Consistent with the current process for individual biosolids application permits, issuance of coverage under the General Permit will not require notification of contingent landowners.  Finally, MDEQ Staff stated that they will require individual permits for biosolids application on sensitive areas or areas subject to significant public interest.

Following discussion, the Board approved the proposed General Permit with Mr. Dennis Reike voting in opposition.  Mr. Reike stated he opposed the permit because it does not require groundwater and surface water monitoring and notification of contingent landowners at all permitted sites.

OTHER BUSINESS

MDEQ stated that the agency is reviewing records requests and may make changes if needed to ensure that fees remain consistent with those of other state agencies.

Minutes from the West Rankin Utility Authority Evidentiary Hearing will likely be available at the October 2015 Permit Board meeting.  In addition, a draft version of the Findings of Facts will likely be available in November 2015.

The next Permit Board meeting will be held on October 13, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

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