Brunini Law

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BRUNINI RECOGNIZED ON THE SHORTLIST IN THE 2019 EDITION OF BENCHMARK LITIGATION

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Brunini, Grantham, Grower & Hewes, PLLC has made the shortlist of Litigation Law Firm of the Year for Mississippi in the 2019 edition of Benchmark Litigation. Brunini is one of only four firms in Mississippi to achieve this honor, with the following attorneys ranked as “Mississippi Local Litigation Stars” in their respective practice areas:

• William Trey Jones III : Appellate, Commercial Litigation, Litigation – Environmental, Personal Injury and Product Liability
• R. David Kaufman: Commercial Litigation, Litigation – Environmental, Personal Injury and Product Liability
• Patrick McDowell: Appellate, Commercial Litigation, Litigation – Environmental, and Intellectual Property

Benchmark Litigation is a guide to America’s leading litigation firms and attorneys. Their results stem from the culmination of a research period that was conducted between March and November 2018, where researchers conducted interviews with litigators and their clients to identify the leading litigators and firms.

All winners will be announced at a ceremony held on Thursday, Feb. 28, 2019 at the Essex House in New York. For more information on Benchmark Litigation’s shortlist, please click here.

E-Verify Website/Service Unavailable During Federal Government Shutdown

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“E-Verify”—the U.S. Government’s federal electronic employment eligibility verification service—has “expired”  due to a lapse in funding.  As a result, the e-Verify site and its services are not functioning and will not be available to participating U.S. employers during the partial shutdown of the federal government that began December 22, 2018.

The U.S. Department of Homeland Security (DHS), the federal agency that oversees the program, reported that “information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted.” As a result, DHS announced that the website (www.e-verify.gov) will not be actively managed and will not be updated until after funding is restored.

During the shutdown, U.S. employers will not be able to:

  • Enroll in the program;
  • Access their E-Verify accounts;
  • Create a case;
  • View or take action on any case;
  • Add, delete or edit accounts; or
  • Reset passwords, edit company information, terminate accounts, or run reports.

Conversely, workers will not be able to resolve any E-Verify Tentative Nonconfirmations (TNCs) during the shutdown. In addition, “myE-Verify” will be unavailable and employees will not be able to access their myE-Verify accounts.

To minimize the burden on both employers and employees, DHS announced that:

  • The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service.
  • The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs.

As with prior shutdowns, additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.

Employers will not be penalized for any delays in creating E-Verify cases. However, the shutdown does not affect an employer’s responsibility to verify employment eligibility. Employers must still complete the Form I-9 no later than the third (3rd) business day after an employee starts work for pay and comply with all other Form I-9 requirements.

As a result of the shutdown and the unavailability of E-Verify, participating employers are warned not to take any adverse action against employees while an E-Verify case remains in an unresolved status. Federal contractors with the Federal Acquisition Regulation (FAR)/E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.

January 2, 2019 is the last day of the Republican-controlled 2017-2018 Congress. Democrats take control of the United States House of Representatives, effective January 3, 2019.

Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on October 9, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Permittee County Permit Staff Recommendation
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-024 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-025 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-026 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P14-007 Final 10%
Joe McGee Construction Co., Inc.                                                                      Rankin Rankin P15-006 Initial 30%
Joe McGee Construction Co., Inc.                                                                      Newton Newton P10-022 Initial 20%
Memphis Stone and Gravel                                                                      Desoto DeSoto PO4-041 Additional 15%
Tanner Construction Company                                                                      Tate Tate P10-026 Final 90%
Hammett Gravel Co., Inc.                                                                      Yazoo Yazoo P08-027AA Initial 10%

 Surface Mining Permits to Transfer 

Permittee County Permit
DeSoto Services, LLC Harrison PO4-006AAT
DeSoto Services, LLC Harrison P93-051T
DeSoto Services, LLC Harrison P89-022T

OFFICE OF POLLUTION CONTROL

D and E Construction Company Inc.: Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, Lauderdale County. This agenda item was presented jointly with the accompanying Office of Geology Permit Board Item Surface Mining Permit Modification with Acreage Permit No. P95-071. The Board voted to postpone this agenda item until a later date to be determined.

OFFICE OF LAND AND WATER PRESENTATION

An overview of the Dam Safety Permitting Process was presented by Dusty Myers of the Office of Land and Water Resources, Dam Safety Division.

The next Permit Board meeting will be held on December 11, 2018, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group 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.

If you have any questions concerning the content of a newsletter, or if you 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.

Six attorneys named “Lawyer of the Year” honored by Best Lawyers® 2019

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Six attorneys with Brunini, Grantham, Grower & Hewes, PLLC, were recently selected by their peers for inclusion in the 2019 edition of The Best Lawyers in America. Brunini lawyers were recognized in the following categories:

The following attorneys were chosen as the Lawyer of the Year:

  • J. Gordon Flowers: Best Lawyers® 2019, Tupelo, Miss., Product Liability Litigation-Defendants
  • Lynne K. Green: Best Lawyers® 2019, Jackson, Miss., Elder Law
  • R. David Kaufman: Best Lawyers® 2019, Jackson, Miss., Bet-the-Company Litigation
  • M. Patrick McDowell: Best Lawyers® 2019, Jackson, Miss., Litigation-Securities
  • John E. Milner: Best Lawyers® 2019, Jackson, Miss., Environmental Law and Litigation-Environmental
  • Walter S. Weems:  Best Lawyers® 2019, Jackson, Miss., Mergers and Acquisitions Law

Brunini Attorneys Recognized by Best Lawyers

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32 of Brunini’s attorneys have been recognized in the 2019 Edition of The Best Lawyers in America.

Biloxi

  • Leonard A. Blackwell II: Gaming Law, Land Use and Zoning Law

Columbus

  • J. Gordon Flowers: Commercial Litigation, Environmental Law, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants

Jackson

  • Matthew W. Allen: Mass Tort Litigation / Class Actions – Defendants, Product Liability Litigation – Defendants
  • Sheldon G. Alston: Litigation – Land Use and Zoning, Litigation – Real Estate, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
  • P. David Andress: Real Estate Law
  • Norman E. Bailey: Mass Tort Litigation / Class Actions – Defendants, Product Liability Litigation – Defendants, Trademark Law
  • Stephen J. Carmody: Employment Law – Management , Labor Law – Management, Litigation – Intellectual Property, Litigation – Labor and Employment , Mass Tort Litigation / Class Actions – Defendants, Profession Malpractice Law – Defendants
  • R. Richard Cirilli Jr.: Commercial Litigation, Mass Tort Litigation / Class Actions – Defendants, Product Liability Litigation – Defendants
  • John M. Flynt: Administrative / Regulatory Law, Corporate Law, Mergers and Acquisitions Law, Real Estate Law
  • Christopher R. Fontan: Litigation Labor and Employment
  • Louis G. Fuller: Litigation and Controversy – Tax, Tax Law
  • Lynne K. Green: Closely Held Companies and Family Business Law, Elder Law, Tax Law, Trust and Estates
  • James L. Halford: Communications Law, Energy Law
  • Ken Harmon: Oil and Gas Law, Real Estate Law
  • Mark Hosemann: Closely Held Companies and Family Businesses Law, Mergers and Acquisitions Law, Tax Law
  • Karen E. Howell: Commercial Litigation
  • William Trey Jones III: Commercial Litigation, Litigation – Environmental
  • R. David Kaufman: Bet-the-Company Litigation, Commercial Litigation, Legal Malpractice Law – Defendants, Litigation – Antitrust, Litigation Securities, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
  • Samuel C. Kelly: Commercial Litigation, Construction Law, Litigation – Construction
  • James A. McCullough II: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, Litigation – Bankruptcy, Mortgage Banking Foreclosure Law
  • M. Patrick McDowell: Commercial Litigation, Litigation – Securities, Mass Tort Litigation / Class Actions – Defendants, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
  • John E. Milner: Environmental Law, Litigation – Environmental
  • William C. Penick IV: Corporate Law, Tax Law
  • Warren Ken Rogers: Commercial Transactions / UCC Law, Corporate Governance Law, Corporate Law, Mergers and Acquisitions Law
  • Watts C. Ueltschey: Administrative / Regulatory Law, Energy Law, Energy Regulatory Law, Mining Law, Natural Resources Law, Oil and Gas Law, Real Estate Law
  • Leonard D. Van Slyke, Jr.: Litigation – First Amendment, Litigation – Trust and Estates, Litigation and Controversy – Tax, Media Law, Tax Law, Trust and Estates
  • Joseph E. Varner III: Mergers and Acquisitions Law, Tax Law, Trust and Estates
  • John E. Wade: Commercial Litigation, Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants
  • Thomas E. Walker, Jr.: Banking and Finance Law, Business Organizations (including LLCs and Partnerships), Corporate Law, Financial Services Regulation Law, Mergers and Acquisitions Law
  • Gene Wasson: Environmental Law, Real Estate Law
  • Walter S. Weems: Corporate Law, Mergers and Acquisitions Law, Tax Law
  • Ron A. Yarbrough: Construction Law, Litigation – Construction

 

 

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BENCHMARK LITIGATION HAS SELECTED CODY BAILEY, KAREN HOWELL AND TAYLOR MCNEEL IN THIS YEAR’S 40 & UNDER HOT LIST

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The Brunini firm is proud to recognize Cody Bailey, Karen Howell and Taylor McNeel, as they have been selected in the 40 & Under Hot List.  They are among the top young talent in their respective litigation communities in Mississippi and throughout the United States.  Benchmark Litigation focuses exclusively on litigation in the United States.  Benchmark Litigation selects nominees through extensive interviews of the nation’s leading private practice lawyers and in-house counsel to identify the leading litigators in each jurisdiction.  You can learn more about Brunini’s three honorees by viewing their bio’s here, here and here.

 

 

Lynne K. Green and Joseph E. Varner III ranked in Chambers High Net Worth Guide.

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Lynne K. Green and Joseph E. Varner III, both partners in the Jackson law firm of Brunini, Grantham, Grower & Hewes, have been ranked in Chambers 2018 High Net Worth Guide. They were also ranked in 2017, which was the first year Mississippi attorneys and law firms were included in this guide. 

Chambers High Net Worth Guide is the only independent directory specifically aimed at the private wealth market that ranks law firms according to their private client disciplines. 

For the second year Brunini, Grantham, Grower & Hewes also received the highest ranking as a Band 1 private wealth law firm by Chambers High Net Worth Guide. 

For nearly 30 years, Chambers has offered the most in-depth research of this type globally, featuring a London-based team of 200 researchers who speak a combined 23 languages and conduct thousands of interviews each year.

 

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Benje Bailey Named to Meritas Board of Directors

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Norman “Benje” Bailey, a partner in the Jackson law firm of Brunini, Grantham, Grower
& Hewes, has been named to the Board of Directors of a global affiliation of law firms.
Meritas has affiliates in 242 cities of 89 countries. The affiliation is composed of more
than 7,600 attorneys.

Bailey is a litigator with the Brunini firm. He has been honored by both Best Lawyers in
America and Mid-South Super Lawyers.

The Jackson attorney will serve a three year term. Bailey and his wife Mimi have four
children.

The other newly elected members of the 21-member Meritas board are: Diego Botana –
Buenos Aires, Argentina; Lela Gani – Pretoria, South Africa; William (Bill) Gilbride – Detroit,
Michigan; Olli Kiuru – Helsinki, Finland; Melisa Pena – Bridgewater, New Jersey; Jules
Turcotte – Quebec City, Canada; and Yao Rao – Shangai, China.

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U.S. Court of Appeals Reverses Course Concerning Title VII Protection of LGBTQ+ Rights

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On Monday, February 26, 2018, the U.S. Second Circuit Court of Appeals issued a landmark ruling in holding that workplace discrimination premised on an employee’s sexual orientation is covered by Title VII’s express prohibition against gender-based discrimination. In so doing, the Second Circuit reversed its own precedent established less than one year ago, and in doing so, offered further judicial support for the protections of the LGBTQ+ community.

In a divided, en banc opinion, the Second Circuit decided the case of Zarda v. Altitude Express.  In its decision, the Court revived a sex bias claim brought by Donald Zarda, a Long Island, New York sky-diving instructor who claimed that his employer, Altitude Express, had terminated his employment based on his sexual orientation.  In its decision, the Second Circuit held that it saw “no principled basis for recognizing a violation of Title VII for associational discrimination based on race, but not on sex.” With its ruling, the case was sent back to the trial court for further proceedings.

The federal lawsuit was brought on Mr. Zarda’s behalf, and against his former employer, by the U.S. Equal Employment Opportunity Commission (EEOC).  Interestingly, during the appeal, the U.S. Department of Justice filed an amicus brief in opposition to Zarda and the EEOC.  In its briefing, the Justice Department stated that “[t]he sole question here is whether, as a matter of law, Title VII reaches sexual orientation discrimination. . . . . It does not, as has been settled for decades. Any efforts to amend Title VII’s scope should be directed to Congress rather than the courts.”  Additionally, the Justice Department noted that the EEOC was “not speaking for the United States.”

For years, LGBTQ+ employees could only advance claims of workplace discrimination under a theory of “sex stereotyping” discrimination—that is, discrimination based on an employee’s failure to confirm to an employer’s perceived gender roles.  In July 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued its first administrative ruling declaring that Title VII’s use of the word “sex” meant both gender and sexual orientation. However, no federal court immediately adopted or mirrored the EEOC’s guidance.

In fact, the Second Circuit expressly rejected the EEOC’s guidance just last year when it decided the case of Christiansen v. Omnicom Group, Inc.  There, the Second Circuit ruled that employees did possess viable Title VII claims based on the theory of “sex stereotyping.”  However, the Court also expressly stated that Title VII’s definition of “sex” did not cover a person’s sexual orientation—a decision that tracked the historical rulings of other U.S. courts, in holding that the term “sex” within Title VII refers only to a person’s gender—meaning that discrimination had to be premised on whether a worker is male or female.

Then, only nine days after the Christensen ruling, on April 4, 2017, the U.S. Seventh Circuit Court of Appeals became the first federal appellate court to rule that Title VII does extend workplace protections on the basis of their sexual orientation.  In deciding the case of Hively v. Ivy Tech, the Seventh Circuit opted to expand the definition of “sex” under Title VII to include an individual’s “sexual orientation.” With its ruling in Zarda, the Second Circuit is now aligned with both the EEOC and Seventh Circuit, thus ruling that Title VII effectively presents two avenues of recovery for individuals asserting claims on the basis of their sexual orientation.

The Second Circuit’s majority ruling Zarda was written by the Court’s Chief Judge, Robert A. Katzmann. He was joined, either in whole or in part, by nine other judges on the court. The three remaining judges dissented. In addition to Judge Katzmann’s decision, seven judges wrote separate opinions, concurring and dissenting.

Either the Justice Department or Altitude Express could seek review of the decision before the United States Supreme Court. Neither party had any immediate comment on the ruling. In December 2017, the U.S. Supreme Court passed on an initial opportunity to weigh-in on the issue when it declined to hear an appeal from the Eleventh Circuit Court of Appeals, in which that Court held that Title VII did not extend to sexual orientation.

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EPA Administrator Scott Pruitt Blocks Unfair “Sue and Settle” Tactics

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By: John E. Milner, Brunini, Grantham, Grower & Hewes PLLC

On October 16, EPA Administrator Scott Pruitt signed a directive stating that he is ending “sue and settle” agreements through which Pruitt asserts that environmental organizations have forced EPA  into legal agreements that impose binding deadlines for issuing discretionary regulations.  The directive, together with an explanatory memorandum, prohibits EPA from entering into consent decrees with terms that courts would have lacked the power to impose if the parties involved had not resolved litigation through a legal agreement.  Pruitt’s directive states: “EPA shall also not enter in a consent decree or settlement agreement that converts an otherwise discretionary duty of the Agency into a mandatory duty to issue, revise, or amend regulations.”
The directive also makes it more difficult for environmental organizations to recover attorney’s fees: “If EPA agrees to resolve litigation through a consent decree or settlement agreement, and therefore there is no ‘prevailing party,’ then the Agency shall seek to exclude the payment of attorney’s fees and costs to any plaintiff or petitioner in the litigation.”  EPA shall not seek to resolve the question of attorney’s fees and costs “informally,” the directive states. (Read more…)

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