INSIDE — WEATHERLY: Saying no to the press is the wrong order — PAGE 4 RETAIL
www.msbusiness.com
March 16, 2018 • Vo. 40 No. 11 • 24 pages
TOURISM
Work starts on a new era for Northpark Mall — Page 2
MBJ FOCUS Insurance & Employee Benefits {Section begins P11} » PROFILE: Scott Woods
{The List P14-16}
» Employee Benefits Administrators
COLUMN {P8}
» BEN WILLIAMS: Alexander Hamilton v Robert S. Mueller III: Can a President be indicted?
ADOPTION {P4}
» Right to know identity of birth parents one of the last civil rights left unaddressed
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Travel South Showcase to roll into Mississippi http://msbusiness.com/mississippis-top-tech-awards/
2 Q Mississippi Business Journal Q March 16, 2018 RETAIL
AGRIBUSINESS
JACK WEATHERLY/MBJ
Rendering shows reconfigured dining area.
Work starts on a new era for Northpark Mall By JACK WEATHERLY jack.weatherly@msbusiness.com Work started last week on a new era for the 34-year-0ld Northpark Mall on the Ridgeland side of County Line Road. Long the anchor of the mile-long retail corridor that historically dominated metro Jackson, the mall faced the daunting realities of the marketplace that has changed radically since 1984 across the country and world since the advent of the Internet and major players such as Amazon, not to mention other retail centers that have opened in the area. Yet Pacific Retail Capital Partners of El Segundo, Calif. saw an opportunity to reinvigorate and to some extent reinvent the mall. In September 2016, Pacific Retail announced that it had bought the 958,000-square-foot property from Simon Property Group for an undisclosed amount. Simon built the mall, operated it from the beginning and spent several million dollars on it in 1998. A leasing agency for the mall said last year that the Pacific Retail renovation
figure will be about $50 million. But Pacific Retail, a private firm, maintained that the price will be “multi-million dollar.” Ridgeland Mayor Gene McGee during his remarks on Thursday twice extolled the “safety” of shopping at the mall. Asked afterward why he emphasized that, he said that malls in general have an unwarranted reputation for safety risks. Najla Kayyem, Pacific Retail senior vice president for marketing, told the gathering standing in the bright spring sun and brisk wind that “the new Northpark will re-imagine the mall as a sequence of experiences.” “At the heart of this transformation is the repurposing of the . . . entrances JACK WEATHERLY/MBJ and corridors . . . and communal gathNajlah Kayyem of Pacific Retail greets the gathering. ering places,” Kayyem said. Public art will be installed outside and inside, she “We are open to any ideas or prossaid. pects that you guys have,” she said. In the children’s play area, a theater Phase one of the project is expected will be added and the food court will to be completed by the holidays at the be “expanded and transformed into a end of the year, Kayyem said. spacious communal dining area with an She told the local management that intimate cafe-style dining experience.” The owner is seeking a combination the challenge of meeting the ultimate of local and national tenants, Kayyem goal will be “a long process and it’s not going to be easy.” said.
PROCESSOR RECALLS 69,000 POUNDS OF CATFISH By JACK WEATHERLY jack.weatherly@msbusiness.com Heartland Catfish Co. of Itta Bena recalled about 69,000 pounds of catfish that may have been exposed to a fungicide that carries a low-level health risk to consumers. The USDA’s Food and Safety Inspection Service announced on Friday the recall was Heartland catfish shipped to retailers in Alabama, Arizona, Arkansas, Colorado, Illinois, Texas and Vermont. None was shipped to Mississippi, the company said. The fish was shipped in 15- and 30-pound packages, according to the USDA. “While there have been no confirmed reports of adverse reactions due to consumption of these products and the USDA notes the risk for such reactions is low, we chose to voluntarily recall the product out of an abundance of caution and concern for consumer safety,” Jonathan Mills of Heartland said in an email. “All affected retailers have been contacted and the product has been removed from retail shelves,” Mills said. The USDA discovered the problem on March 8 “after routine sampling revealed violative levels of the chemical leucomalachite green in the products,” the agency said in a release. “A remote possibility for adverse health consequences means that the product may cause illness, but not fatalities if consumed,” the agency said in an email in response to a query by the Mississippi Business Journal.
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Travel South Showcase to roll into Mississippi By LISA MONTI mbj@msbusiness.com
When the 36th Annual Travel South Showcase rolls into the Mississippi Coast this month, it will bring in almost 700 tour operators, journalists, travel service providers and destination market organizations from around the U.S. There will be thousands of business meetings, multiple tours fanning out across the state and presentations highlighting attractions and amenities all over Mississippi with the goal of bringing more visitors. The annual showcase will be held March 18-21 at the Coast Convention Center in Biloxi. Beau Rivage is the host hotel. “Participants can expect a program filled with good business opportunities but the real focus is on showcasing what is great about the state and the Gulf Coast,” said Liz Bittner, president and CEO of Travel South USA, which is based in Atlanta. “Of course we’re Southern, so there will also be incredible food and a lot of fun.” The last time the gathering was held on Mississippi’s coast was 2008, when the area was in recovery mode after Hurricane
Katrina. This time, the Coast is ready for the spotlight, and interest in attending the conference in Biloxi is running high, according to Travel South USA. “This year we’re about 10 percent up in registration, which is very strong,” Bittner said. Besides tour operators and journalists, participants include state tourism office staff and representatives of hotels, attractions and restaurants. Travel South USA is America’s oldest and largest regional travel promotion organization, formed in 1965 by the state tourism offices in Alabama, Arkansas, Georgia, Kentucky, Louisiana, Missouri, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia. Last year the annual event was in Branson, Mo., and next year it will be in Myrtle Beach, S.C. “This is by far our most important program of the year,” she said of the showcase, which rotates among member states. “We adapt it to the destination we’re in.” Mississippi’s new civil rights museums and its legendary musical heritage will be highlighted, she said. Ahead of the annual event, journalists will tour various parts of the state on their
way to Biloxi from Jackson and Memphis. During their stay in Biloxi, they will tour several nearby cities and sample some of the Coast’s attractions. Among the Travel South member states, tourism ranks third behind manufacturing and agriculture, with visitors in 2016 spending more than $122.6 billion and nearly $16 billion in state and local taxes. Tourism also generates 1.37 million direct jobs and almost $30 billion in worker paychecks. The economic impact of group travel and tourism in Mississippi was $517.1 million, thanks to 2.15 million group tour visitors and sales of $678 million. Total jobs were
11,786 for the state. Mississippi will have representatives from all regions of the state, with over 65 delegates from 29 organizations. Craig Ray, director of Visit Mississippi, is a member of the Travel South USA Board of Directors. Milton Segarra, the new CEO of Visit Mississippi Gulf Coast, and his staff have organized city tours, events, dine-around packages and transportation during the three-day conference. The event itself is expected to have an economic impact of approximately $750,000.
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4 Q Mississippi Business Journal Q March 16, 2018 ADOPTION
REPORTER’S NOTEBOOK
Saying no to the press Right to know identity of is the wrong order birth parents one of the last I civil rights left unaddressed By BECKY GILLETTE mbj@msbusiness.com
Adoption laws in Mississippi haven’t changed since the 1800s, says Nash Nunnery, a Mississippi Business Journal reporter who was adopted in the mid-1950s when he was several months old. The laws that date from the time when an unwed pregnancy was considered a disgrace still linger. “People like me searching for my birth mother can’t obtain any identifying information,” Nunnery said. “They have refused to give me her name even. I paid for Canopy Services, the state adoption agency, to do a search and all that they would tell me is that my mother was a 5’, 3” tall, strawberry blonde and that my grandfather was a farmer. Even with the death of my mother, they won’t release names or anything else. I actually think it is wrong. It is archaic.” The right to know the identity of your birth parents, Nunnery said, is the only civil right left in the country that hasn’t been addressed. While both his adoptive parents are wonderful people, Nunnery feels there is a right for someone to have information about their biological parents, as well. “An adoptee not knowing who they are and where they came from, I guess you would have to walk in our shoes to know the feeling,” Nunnery said. “It is not knowing like everyone else their family history. It is going to the doctor’s office and not being able to tell them anything when they ask for your family medical history.” Nunnery is working on a campaign to get the laws changed in Mississippi. Since adoptees are only a small percentage of the population, it can be a challenge to find enough support for legislation to open birth records in Mississippi. But most other states have open birth certificate records. “I spoke an hour and a half on the phone recently to a woman in Missouri who spearheaded a recent successful effort to open birth certificate records in that state,” Nunnery said. “I talked to her about how she did it. I’m so fired up about the situation, I would like to get the law changed. Probably the only way I will ever learn the identify of my birth parents is if we get the law changed in Mississippi.” Attitudes about unwed pregnancies have changed drastically since the 1950s when Nunnery was put up for adoption. “Back then unwed mothers were shamed,” he said. “If you were a minor unwed mother and didn’t take yourself to the unwed mothers home, the sheriff came and picked you up to take you there. The baby was taken from its mother after birth and taken to the Mississippi Children’s Society in Jackson. That is where I [was] for months until my adoptive parents came alone.” Today adoptions are often open, and a child might grow up knowing his or her birth parents. Birth parents might even be included in gatherings like birthday parties. But older adoptees don’t have the same opportunities.
“Why can’t we know these things?” Nunnery said. “I do have a brother. My mother had a two-year-old when she had me. I don’t know whether he is alive or not. If he is alive, I would love to meet my brother.” Canopy Services found Nunnery’s mother’s obituary from Dec. 30, 1999, but won’t share her name, where she was buried or anything else. “I would like some closure,” Nunnery said. “I would like to visit her burial site. It all goes back to shame. My mother was considered an awful person for getting pregnant and having a child out of wedlock. They want to keep the shame buried. We are all about family values as long as they are prim and proper family values. People don’t want the ugly truth.” Arthur “Skipper” Jernigan, an attorney with Canopy Services who has been involved in adoptions for several decades, said that the issue of whether the current law is fair hinges on your perspective. “Fairness is a two-way street,” Jernigan said. “The adoptee has a natural want to know about his biological background and then you have a natural parent birthmother who on the other end may want to have her identity and the circumstances describing how or why she made decision to release child for adoption remain confidential. From the agency’s standpoint, their client is the biological parent. Without their client’s consent, they cannot release any specific identifying information either about the biological mother or father.” Jernigan said if Canopy Services is contacted by an adoptee, It will make its best effort to contact the biological parent to see if they would agree would to release information or have contact with an adoptee. “A large part of the time, they get a favorable response,” Jernigan said. “Every once in a while, the mother says ‘No, that was another part of my life,’ which is very painful to an adopted person. I can understand the situation where a biological parent is decreased. Why can’t the child find out more about his or her biological ancestry? But that information is still prohibited to be released by law.” Some agencies now get the biological parents to sign an affidavit or consent at the time of the adoption that See IDENTITY, Page 16
t’s not often a retailer will turn down free publicity. But I was rebuffed the other day when I attempted to write something about Cook Out, a fast-food restaurant chain that just opened a store on High Street. It happens to be located on the street I take twice each work day, to and from the Journal offices downtown. Um, I wondered – as reporters are prone to do – is that a story? The eatery is located on a strip of High that already has four fast-food places in within two blocks – Taco Bell, Arby’s, Wendy’s and Whataburger. Jack Weatherly South of High is the sprawling Mississippi Fairgrounds with the Mississippi Coliseum and the Mississippi Trade Mart. A few blocks north is the stylish old Belhaven neighborhood. This doesn’t strike me as a place where Belhaven residents would prefer. But somebody is eating there. Lots of somebodies. Lunchtime traffic is bumper-to-bumper. So the Cook Out staff assists motorists by expediting drive-through orders, thus “keeping the cars out of the street.” That was what Wes Reed, the regional manager for Mississippi, told me. Otherwise, the only other thing Reed told me as I stood with my notebook in hand was “you can’t report” on the restaurant. Taken aback, I asked why I couldn’t. Because we say so, he said unsmilingly. He relented saying I could try headquarters in Greensboro, N.C. and ask for Megan, who likewise told me there was no interest in a story. A story that would include the fact on the corporate website that shows more than 200 of the restaurants across the South, including ones in Starkville, Oxford and Hattiesburg. Right. They can refuse to cooperate. It’s a free country. But it’s also a free country with a free press, thanks to the First Amendment, even it’s a story about a hamburger stand. Before I was told on site that I couldn’t report, I already eaten there. I got the wrong order. But I didn’t complain. Maybe I should have, but I had already peeked beneath the foil. So I started eating my Cajun grilled chicken sandwich and Cajun chicken wrap. A nice waitress came by my table to inform me of what I already knew. She said I could finish eating what I had, or not, but she would bring me the double burger, slaw and fries I had ordered, no extra charge. The construction worker whose lunch I was eating evidently didn’t want to swap. As I left, I was told: no story. That was the second wrong order of the day for me.
» Contact Mississippi Business Journal staff writer Jack Weatherly at jack.weatherly@msbusiness.com or (601) 364-1016.
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MBJ PERSPECTIVE March 16, 2018 • www.msbusiness.com • Page 6
» RICKY NOBILE
Website: www.msbusiness.com March 16, 2018 Volume 40, Number 11
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» FROM THE GROUND UP
Dear Leader: Do you care about your followers
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sk members of a group to name the characteristics of a good leader, and don’t be surprised when the usual descriptions come up: visionary, listener, communicator, ethical, trustworthy, etc. I’ve been doing such an exercise with groups for a long time. Lately, I’ve noticed that a certain characteristic has moved from the middle of the list to near the top. With some groups it is even named as the most important. That characteristic is “cares for followers.” That begs the question: What do followers want and need from their leaders? In their book, “Strengths Based Leadership: Great Leaders, Teams, and Why People Follow,” authors Tom Rath and Barry Conchie offer that followers need trust, compassion, stability and hope. They state that trust and compassion is built through relationships. That flows nicely with caring for their followers. And of course who doesn’t want a stable organization and hope for the future. Conchie is also the author of the classic article, “The Seven Demands of Leadership” by Gallup Research. In that article he provides the following demands of leadership: 1. Visioning – seeing the future and the big picture 2. Maximizing Values – showing what is
important in life and work 3. Challenging Experience – challenge their teams with significant goals 4. Mentoring - invest in the growth and development of key people 5. Building A Constituency – create rapport at many levels inside and outside the organization 6. Making Sense of Experience – learn from their mistakes and successes 7. Knowing Self – identify and understand their own strengths and weaknesses. In “The Leadership Advantage,” Warren Bennis lists these Essential Leadership Qualities: Technical competence: business literacy and grasp of one’s field; Conceptual skill: a facility for abstract or strategic thinking; Track record: a history of achieving results; People skills: an ability to communicate, motivate, and delegate; Taste: an ability to identify and cultivate talent; Judgment: making difficult decisions in a short time frame with imperfect data; and Character: the qualities that define who we are. As I pondered this subject I came across an article in the Wall Street Journal that
seemed to really illustrate why the caring for followers idea is something that leaders should pay attention to. It was an article about baseball’s free agents and why some teams land the best Phil Hardwick players even when they offer less money. The article featured the Chicago Cubs and why Tyler Chatwood signed with them to a $38 million, three-year deal when it is believed he had been offered more money by some other teams. Chatwood is tied with Stephen Strasburg for second in the National League in road ERA (2.57) over the last two seasons, trailing only Clayton Kershaw (2.16). So how did the Cubs do it? According to a March 4, 2018 Wall Street Journal article by Jared Diamond, the Cubs demonstrated to Chatwood that they cared about him as a person as well as a baseball pitcher. When he met with team executive about their offer he was given a list of good ob/gyn doctors in the area and the best hospitals for his pregnant wife. It was just one way that the Cubs showed how they treat players’ wives and children. See HARDWICK, Page 7
Perspective
» RICKY NOBILE
» HOW TO WRITE US
Letters to the editor are one of the most widely read features of the Mississippi Business Journal, and they give everyone a chance to voice their opinions about current affairs. We’re interested in what you think and we welcome Letters to the Editor for publication. Here are the guidelines: >> Letters should not exceed 300 words in length as a general rule. >> All letters must bear the writer’s address and telephone number. Street addresses and telephone numbers will not be published, but may be used for verification purposes. Letters may not appear without the author’s name. >> Form letters, thank you letters and letters to third parties generally are not acceptable. >> Letters must be typed or e-mailed. >> Letters must conform to good taste, not be libelous and not involve personal attacks on other persons. >> All letters are subject to editing, and become the property of the Mississippi Business Journal. >> Letters can be sent to The Editor, The Mississippi Business Journal, 200 North Congress, Suite 400, Jackson, MS 39201, delivered to the newspaper during regular business hours or e-mailed to editor@ msbusiness.com. They may also be faxed to Ross Reily at (601)-364-1007.
» CORRECTIONS
The Mississippi Business Journal takes seriously its responsibility to provide accurate information, and will correct or clarify articles produced by the editorial department if we have made an error or published misleading information. The correction will be placed in the perspective section. If you see inaccuracies in Mississippi Business Journal news stories, please report the mistake via e-mail at editor@msbusiness.com.
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This idea of caring for followers (and employees) is also illustrated in Fortune magazine’s “Best Places to Work” annual issue. The companies on that list go out of their way to care for their employees both on and off the job. It’s no coincidence that those companies have a higher return on their stock prices than the Dow Jones and the Russel 5000. In summary, leaders who care for their followers will meet what those followers say is one of their biggest needs. They will probably have more success as well. FOLLOW-UP FROM RECENT FLAG COLUMN The City of Milwaukee’s flag is getting no respect. The North American Vexillological Association ranked it as the 147th worst of 150 cities surveyed. It was designed back in 1955 from a combination of entries in a contest to design the flag. For more information about flags and flag designs, go to www.ted. com and enter Roman Mars name in the search engine. Mars say that, “Nothing can quite prepare you for one of the biggest train wrecks in vexillological history.
» Phil Hardwick is a regular Mississippi Business Journal columnist and owner of Hardwick & Associates, LLC, which provides strategic planning facilitation and leadership training services. His email is phil@philhardwick. com and he’s on the web at www.philhardwick.com.
» INSIDE MISSISSIPPI
Legislature has flubbed responsibility for good schools
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ith all the noise about school funding, school choice, vouchers, and teacher shortages, perhaps a look at some fundamentals would be helpful. Remember 2015? The Initiative 42 referendum to put full funding for the Mississippi Adequate Education Program (MAEP) in the state constitution? That initiative and the Legislature’s alternative both failed. So Section 201 of the Mississippi Constitution remains unchanged. It reads, “The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the Legislature may prescribe.” That means it is our legislators’ duty to provide us free public schools, and puts the onus on them to make our free schools good schools. The constitution gives them the power. They can draw and realign school districts, establish standards for administrators and teachers, set the school calendar, establish school policy and regulations, provide teacher pay, hold administrators accountable, and provide different types of schools, programs, and pay packages for challenged districts. Instead, legislators have pushed much of the funding and responsibility to the local
level. This lets legislators cut taxes, limit school funding, and pass blame for bad schools to local folks. According to the constitution, however, this is not local folks’ job. Section 206 of the constitution says this about local effort, “Any county or separate school district may levy an additional tax, as prescribed by general law, to maintain its schools.” “May.” The constitution says local effort is to be discretionary. It is not. Both the MAEP, and the apparently dead Mississippi Uniform Per Student Funding Formula considered by the Legislature this year, require local school districts to contribute up to 27% of the “base student cost.” Legislators also expect school districts to provide most, often all, of the costs for school buildings and related facilities. Meanwhile, the availability of teachers is fast declining. The Mississippi Department of Education reported a 92 percent decrease, from 7,620 in 2007 to 603 in 2017, in the number of applicants for teacher licenses. Given our low pay, deteriorating teaching environments, constant curricula changes, and never-ending school funding fights, no wonder fewer and fewer want to teach in Mississippi.
Bill Crawford
It’s pretty clear the Legislature has flubbed its responsibility to provide free and good public schools. We have too many low-performing schools and too many unable to attract and retain good teachers. It’s no wonder parents in those school districts are frustrated. They feel locked into bad schools with no recourse for their children. Rather than address the bad school problem, legislative leaders this year concocted a “school choice” plan to expand access to Education Scholarship Accounts (ESAs). Already available for students with special needs, the expanded version would have given vouchers to selected parents to send their children to private schools. What a cop out to legislators’ constitutional responsibility to provide good schools for all children! Parents living in school districts with low-performing schools or those struggling to attract and retain good teachers, look to the Legislature to fix your schools and pay teachers attractive salaries. Diverting dear school funds to vouchers for private schools is not the solution our constitution authorizes or envisions. » Bill Crawford (crawfolk@gmail.com) is a syndicated columnist from Meridian.
8 Q Mississippi Business Journal Q March 16, 2018 GOVERNMENT/POLITICS
Alexander Hamilton v Robert S. Mueller III: Can a president be indicted?
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t the end of Act I of the box-office smash Hamilton: An American Musical, the play’s namesake beseeches his murderer-to-be to co-author a “series of essays, anonymously published” defending the proposed U.S. Constitution. Alexander Hamilton’s entreaty to Aaron Burr probably never occurred, but Hamilton – with assistance from fellow Founding Fathers James Madison and John Jay - would publish incognito the 85 essays known today as the Federalist Papers. Those venerated treatises are regularly cited in U.S. Supreme Court decisions and, in the words of historian John Fiske, constitute the “most authoritative commentary upon the Constitution.” Federalist Papers Nos. 69 and 77 speak to the limited immunity of the U.S. President.
THE FEDERALIST PAPERS: IMPEACHMENT & SUBSEQUENT PROSECUTION Federalist No. 69, authored solely by Hamilton, contrasts the role of the U.S. President with the King of Great Britain. To assuage the constituency’s fear of corrupting power in a monarchy “amenable” to “no constitutional tribunal” and possessing the “power to grant reprieves and pardons,” the Constitution incorporated finite terms and a potent rectification: impeachment. In Hamilton’s words, “The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.” Impeachment of the Executive would involve the other two branches of government. Impeachment charges would be the sole province of a majority vote in the House, with judgment rendered by the Senate in a proceeding presided over by the Chief Justice of the Supreme Court. Conviction on charges of impeachment required a two-thirds vote in the Senate. Federalist No. 77, also authored solely by Hamilton, explains the overriding checks and balances of impeachment. Specifically, the President is “at all times liable to impeachment, trial, dismission from office, incapacity to serve in any other, and to forfeiture of life and estate by subsequent pros-
ecution in the common course of law.”
ty concerns.”
SCOTUS ON PRESIDENTIAL IMMUNITY The Supreme Court of the United States (SCOTUS) has yet to address whether a sitting President may be subjected to criminal indictment or prosecution. Two late 20th century cases danced around the perimeter. In United States v. Richard M. Nixon (1974) a unanimous Burger Court painstakingly carved a narrow exception to executive privilege and required the sitting President respond to a court-authorized subpoena duces tecum for production of tapes in connection with the criminal trial of third parties (not including the President). In William Jefferson Clinton v. Paula Corbin Jones (1997), President Clinton sought temporary immunity from a private lawsuit. While sensitive to the President’s unique constitutional role, the unanimous Rehnquist Court held “the doctrine of separation of powers does not require federal courts to stay all private actions against the President until he leaves office.” Notably, the Court left open the possibility of Presidential immunity from any state court action based on “federalism and comi-
PUBLISHED LEGAL MEMORANDA OF THE U.S. DEPARTMENT OF JUSTICE In 1973 and 2000, the U.S. Department of Justice (DOJ) opined as to the constitutionality of indictment or prosecution of a sitting president. The well-reasoned opinions, the first written during a Republican Party presidency and the second during a Democratic Party presidency, unequivocally concluded the president was immune from criminal indictment. See https://www.justice.gov/sites/default/ files/olc/opinions/2000/10/31/op-olcv024-p0222_0.pdf. Summarizing “indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers.” THE SPECIAL COUNSEL – ROBERT S. MUELLER III On May 17, 2017, pursuant to DOJ Order No. 3915-2017, Acting Attorney General Rod J. Rosenstein appointed Robert S. Mueller III as a Special Counsel housed in the DOJ, charged with investigating
“any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump.” Incongruously, Mueller’s role in the ExecBen Williams utive Branch derives from departmental regulations rather than statutory authority. Prior laws authorizing the appointment of “Independent Counsels” such as Ken Starr expired back in 1999. Mueller serves merely as a temporary, unconfirmed, limited-purpose U.S. Attorney with the same authority (and no more) than the 93 U.S. Attorneys scattered around the country. See 28 CFR 600.6. Confoundingly, U.S. Attorneys (including Special Counsel Mueller) have no felony indictment authority. The revered 5th Amendment reserves that power to a grand jury. Mueller is restricted from even seeking an indictment of a sitting President due to the existing DOJ opinions cited above (the most recent of which was issued by the Clinton Justice Department). As a Special Counsel (rather than a Ken Starrish Independent Counsel), Mueller “shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice” (28 CFR 600.7(a)). This column’s title notwithstanding, Mueller has never publicly questioned the DOJ’s restrictions on indicting a sitting president. The notion that Mueller might even seek an indictment of the President originates with the media, unnamed sources, and wishful thinkers. Mueller has professionally remained mum on the subject. SUMMARY & OPINION Hamilton – a precise and astute writer with a comprehensive understanding of the Constitution – believed the President was and is “liable to prosecution and punishment in the ordinary course of law” only after removal from office. The DOJ - based on opinions issued under Republican and Democratic presidencies - agrees. Gosh, even civil liberties champion and famed constitutional scholar Professor Alan Dershowitz (who voted for Hillary Clinton) agrees. Siding with Hamilton, the DOJ and Dershowitz, I believe the U.S. President is immune from indictment and prosecution prior to removal from office. Reasonable minds, however, may differ. As we engage in scholarly debate (sans the rhetoric), it would be wise to remember the answer to the question is the same whether the last name of the sitting president happens to be Clinton, Bush, Obama, Trump, or Warren. And bad facts make bad law.
Ben Williams is a Mississippi attorney and columnist. Email Ben at MBWJ@aol.com. Ford Williams, the artist, is a sophomore at the Savannah College of Art & Design (SCAD).
March 16, 2018
Q
Mississippi Business Journal
Q
9
AUTO SALES
Car dealerships trade lots along with vehicles By JACK WEATHERLY jack.weatherly@msbusiness.com Car trading means buying and selling vehicles. But in Jackson and Ridgeland it also means swapping lots. The latest is the occupation of the old Mercedes-Benz of Jackson location by what had been Mazda of Ridgeland. The Mercedes-Benz dealership owners moved to Ridgeland in January. Last week, the move of the Mazda franchise became official with the erection of the Mazda signs on the former Mercedes location at 5397 Interstate 55 on North Frontage Road. “It’s a more prime location,” said Cassidy Carr, general sales manager for the Mazda dealership. The move is an expansion for the Mazda franchise. “The service department is much larger,” Carr said. The franchise currently employs 39, including five added since the move in January, she said. A few more will be added, she said. There was an inventory of 90 new vehicles at the old location; that has been increased by a third, she said. The used-vehicle inventory has been more than doubled to more than 200, Carr said. Higginbotham Automobiles LLC sold its Porsche dealership to Smith Automotive Group of Delray Beach, Fla., when it moved its Mercedes-Benz dealership to Ridge-
JACK WEATHERLY/MBJ
Mazda Jackson now is at the former home of Mercedes Jackson.
land. That dealership sale likewise was a growth move for the buyer. Another luxury-vehicle dealership is also making plans to move from Jackson to Ridgeland.
The Ritchey Group will move its Jaguar, Audi and Range Rover franchises dealership at 5320 I-55 North in Jackson to a site on I-55 N. Frontage Road in Ridgeland, while leaving its Volkswagen dealership in Jackson.
SOUTHERN FARM BUREAU® LIFE INSURANCE COMPANY OFFICER PROMOTIONS
Bengie Goff
VICE PRESIDENT, AGENCY Bengie Goff, LUTCF, CLF has been promoted to Vice President, Agency. Bengie began his career as an agent in 2002 and became a District Sales Manager in Mississippi in 2010. Bengie joined Southern Farm Bureau Life Insurance Company in 2012 as the Marketing Operations Manager and became Senior Director of Agency in 2017.
Robert Luckadoo
VICE PRESIDENT, SALES & TRAINING
Robert Luckadoo, LUTCF, CLU has been promoted to Vice President, Sales & Training. Robert began his career in 2000 as an agent with North Carolina Farm Bureau Insurance Company. Robert moved to the Home Office in Jackson in 2014 as a Corporate Estate Planning Specialist. He was promoted to Senior Director of Sales and Training in 2017 where he leads the training department and advanced sales for all eleven states.
Cathy Martin VICE PRESIDENT, GROUP ADMINISTRATION & APPOINTED ACTUARY Cathy Martin, FSA, MAAA has been promoted to Vice President, Group Administration & Appointed Actuary. Cathy joined Southern Farm Bureau Life Insurance Company in 2001. She was named Director of Actuarial & Group Administration in 2016 and in 2017, Cathy was named Appointed Actuary and assumed responsibility for issuing the Company’s Actuarial Opinion and Memorandum regarding reserve adequacy.
Rick McKissack
VICE PRESIDENT, MARKETING DATA & E-SERVICES Rick McKissack, FLMI, PMP has been promoted to Vice President, Marketing Data & E-Services. He has 30 years of service with Southern Farm Bureau Life Insurance Company, including Internal Auditor, Quality Assurance Manager and Director of Project Management. Rick joined Marketing and was named Director of Marketing Data & E-Services in 2015. He was named Senior Director of Marketing Data & E-Services in 2017.
Doug Redman VICE PRESIDENT, PENSION ADMINISTRATION & CHIEF RISK OFFICER Doug Redman, FSA, MAAA has been promoted to Vice President, Pension Administration & Chief Risk Officer. Doug has been with Southern Farm Bureau Life Insurance Company since 1997.He has extensive experience in valuation, dividends and system conversions, as well as coordinating the actuarial aspects of all of the conversions of life, health and annuity business. Doug was named Director of Actuarial & Pension in 2017.
Jeremy Wesson VICE PRESIDENT, UNDERWRITING & NEW BUSINESS ADMINISTRATION Jeremy Wesson, FALU, FLMI, CLU, ACS has been promoted to Vice President, Underwriting & New Business Administration. Jeremy joined Southern Farm Bureau Life Insurance Company in 2005 as an underwriter for the states of Kentucky, Mississippi and South Carolina. He was named Director of Underwriting in 2017 and has helped lead the technological innovations that are now driving the next generation of underwriting.
Congratulations!
March 16, 2018 • MISSISSIPPI BUSINESS JOURNAL • www.msbusiness.com
AN MBJ FOCUS: INSURANCE & EMPLOYEE BENEFITS
Woods: ‘accident’ changed my career By CALLIE DANIELS BRYANT mbj@msbusiness.com Eighteen years ago, Scott Woods expected he would be president and chief executive of the Dan Bottrell Agency in Jackson for six months after the Trustmark Bank acquired the company in 1999. What he did
not know was that he’d still be leading the now-expanded Fisher Brown Bottrell insurance agency in 2018. “I was sent over to the agency in January of 2000 to help integrate the agency into the bank. It was supposed to be a six-month project and I have been there ever since,” Woods said.
A quick glance at his life shows how unexpected his journey was. He was born in Michigan to a Mississippian father whose Woods jobs moved the family around the United States. In 1960s, Woods’ family settled for good in Mississippi. He then earned a bachelor’s in business administration from Vanderbilt Unitversity and a law degree from the University of Mississippi. “I practiced law for close to 10 years and then joined Trustmark Bank in 2000,” Woods said. Woods recalls that the first changes he made as the CEO were in the areas of perpetuation
of team members and in the use of technology. “Like many insurance companies and agencies, we had not taken all the necessary steps to perpetuate ourselves before I joined the Agency and the technology was, back then, very rudimentary at best,” he said. “We have taken steps to better perpetuate our team by bringing in new members as opportunity presents itself. Our technology is allowing us to be out of the office and in front of clients even more. I think all of this creates a better client experience and allows us to help them manage their risks more effectively. While he admits that he hasn’t had time to think about goals before his retirement, he is proud See WOODS, Page 12
12 Q Mississippi Business Journal Q March 16, 2018
Insurance & Employee Benefits
WOODS Continued from Page 11
of his employees at Fisher Brown Bottrell. He credits the 18 years of growth under his leadership to “an experienced, professional team.” “It’s the genuine interest that each of them takes when working with a client or even a prospect that really makes our agency stand out.” Fisher Brown Bottrell is one of the largest bank-owned insurance agencies in the United States with three Mississippi
“If you really want to help a client make sure you understand their particular situation and seek solutions that truly address what they need.”
Scott Woods
offices in Jackson, Tupelo and Hattiesburg as well as three Florida offices in Pensacola, Destin and Panama City.
The insurance company offers numerous products from business insurance and employee benefits to construction and
bonding solutions to personal insurance. It also provides services such as claims and losses, workers’ compensation and risk management. This year, Woods said he wants to grow the company’s “market footprint where possible and also continue to work with our clients to meet and exceed their risk management needs.” Woods describes the state of insurance business in Mississippi today as “evolving.” He sees risks today from drones to cyber crime to increased weather events on a scale that insurance has not dealt with before. “All of those risks have to be managed and in many cases, it goes beyond just finding an insurance policy to try and cover against a loss. In order to try and prevent loss or injuries, it’s not enough to just buy a policy anymore; business owners and consumers have to look at ways accidents or a loss might happen and actively work to protect themselves. For example, an insurance policy to cover a computer intrusion isn’t much help if you never do software updates or have anti-virus software that’s not up to date.” As the landscape changes Woods said the insurance business can be rewarding to those looking for rewarding careers. “The insurance business can be a great career but I don’t think that the industry has historically done a very good job at telling its story,” Woods said. “There is a lot of opportunity in the field if someone is willing to get a solid working knowledge of the various types of coverage that are available as well as what active things can be done to keep losses from happening,” Woods said. The best advice he ever had was “listen more, talk less,” which he believes can be applied to insurance companies and agencies. “If you really want to help a client make sure you understand their particular situation and seek solutions that truly address what they need,” he said. He also encourages potential customers to actively use their insurance agents and ask questions. “Cheapest is not always best – you need to read and understand what your insurance policies cover or don’t cover.”
Dual Special Needs Plans Can Bring Added Benefits to the Aging, Simplify Life for Caregivers By Royal Walker Jr., Executive Director of Dual Special Needs Plans, UnitedHealthcare Community Plans of Mississippi and Louisiana
O
f the more than 40 million caregivers in the United States, about 90 percent are caring for an aging relative, often a parent, according to the Bureau of Labor Statistics. And their ranks are rapidly growing as the population ages. Caregiving for an aging loved one can be incredibly challenging, encompassing a wide range of duties, from offering companionship and assisting with housework to providing medical care and serving as an overall advocate. Much of the advocacy that caregivers do comes in the form of helping their loved ones with important health care decisions, including decisions about their Medicare coverage. With the Medicare Open Enrollment Period closing on Dec. 7, caregivers might assume that their opportunity to help their loved ones switch to a health plan that better meets their needs in 2018 is over. But if their loved ones are eligible for both Medicare and Medicaid, it’s important for them to be aware of a health plan option that offers both a convenient approach to managing their health care and the flexibility of enrolling at any time throughout the year. This option is called a Dual Special Needs Plan (DSNP), and it’s available to a growing number of people as new plans are being introduced across the country.
Coordinated coverage through a DSNP Most people have heard of Medicare and Medicaid. Medicare provides health benefits for people over 65 and those under 65 who qualify due to a disability. Medicaid provides health benefits for people with low income. About a third of people eligible for Medicare have opted to get their
benefits through what’s known as a Medicare Advantage plan, which is offered by a private health insurance company approved by the federal government. Medicare Advantage combines a person’s Medicare benefits into one plan, including doctor and hospital coverage as well as Part D prescription drug coverage in most cases. The plans can also offer additional benefits above and beyond what’s available with Original Medicare, such as dental, vision and hearing coverage. A DSNP is a special type of Medicare Advantage plan that provides health benefits for people who are “dually eligible,” meaning they qualify for both Medicare and Medicaid.
Why should a person consider a DSNP? By coordinating Medicare and Medicaid benefits, DSNPs can make it simpler for caregivers and their loved ones to navigate the health care system. DSNPs encourage everyone involved in caring for a patient – including primary care doctors, specialists, hospitals and care managers – to work together, which can help improve people’s health as well as their experience with the health care system. DSNPs usually offer additional benefits, which can include: • dental care, such as exams, X-rays, cleanings, fillings, crowns and extractions; • access to a health products catalogue to order over-the-counter items such as vitamins and first-aid supplies at a discount; • hearing exams and access to hearing aids at a reduced cost; • an annual eye exam and a credit for eyewear; and • transportation to health care visits and the pharmacy.
People who are eligible for a DSNP can usually enroll for no monthly premium, making it an affordable option.
Who qualifies? Anyone who meets the eligibility criteria for both Medicare and Medicaid is qualified to enroll in a DSNP. Those who are eligible often face unique health needs. They may have a disabling condition, suffer from a mental disorder, receive care from multiple doctors, or be in need of in-home care providers or other health and social services.
How can someone learn more about DSNPs? People who are eligible for a DSNP can enroll or switch to a new plan at any time during the year. To find out if a DSNP is available in your area, check out the Plan Finder on Medicare.gov. After entering your zip code, you will see a summary of results. You will then need to check the area on the left that says “Select Special Needs Plans”. Your results will then include all dual plans in your area. If you prefer to talk to someone about options, a trained insurance counselor through the State Health Insurance Assistance Program (SHIP) can help, or you can talk to a licensed insurance agent in your area who can meet in person or over the phone to determine whether a DSNP is a good fit. UnitedHealthcare is the largest provider of Medicare Advantage plans, including DSNPs, serving nearly 4.4 million people nationwide.
Insurance & Employee Benefits
14 Q Mississippi Business Journal Q March 16, 2018
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Insurance & Employee Benefits
16 Q Mississippi Business Journal Q March 16, 2018
Employee BeneďŹ ts Administrators
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gives the agency the right, at a certain time in the future--most often when adoptee is older than 21--to release that information. Jernigan said that is a fairly recent practice. â&#x20AC;&#x153;But as far as getting into the court records and getting the names of your biological parents just because you are curious about, that is still prohibited,â&#x20AC;? he said. â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;ve seen a lot of frustration. I sure have. I bet I get one to three calls per week by adoptees wanting to know how to get that information.â&#x20AC;? Lee Ann Merritt of Southaven found her birth mother in 2002 after 17 years and hiring someone to do searches in her birth state of Louisiana. Merritt is known as a â&#x20AC;&#x153;search angel,â&#x20AC;? someone who helps others ďŹ nd their biological parents. Merritt said one option for adoptees who want to know their parents is to do a DNA test and search for a match with a company like ancestry.com. But she said that is very much â&#x20AC;&#x153;like searching for a needle in a haystack.â&#x20AC;? â&#x20AC;&#x153;More and more states are giving us access to our original birth certiďŹ cates,â&#x20AC;? Merritt said. â&#x20AC;&#x153;Indiana will soon have open records. Arkansas and Missouri have recently changed. More and more of the states are allowing access.â&#x20AC;? Merritt said adoptees deserve to have access to family medical records. â&#x20AC;&#x153;People do die because they donâ&#x20AC;&#x2122;t have any way of getting their family medical history,â&#x20AC;? Merritt said. â&#x20AC;&#x153;When somebody gets sick, all sorts of tests have to be done that would not be necessary if they had a family medical history that would allow the doctor to narrow the search. It would save time and money.â&#x20AC;? Merritt said adoptees and birth parents are one of the last groups where discrimination is not only practiced, but encouraged. â&#x20AC;&#x153;Wouldnâ&#x20AC;&#x2122;t it be super if they would just ďŹ x that? she asks. â&#x20AC;&#x153;There is still a process and it can take years even when you have names. Recently I helped someone who had her birth motherâ&#x20AC;&#x2122;s name and her search took more than 30 years. A lot can happen to a person in 30 years.â&#x20AC;?
Newsmakers
March 16, 2018
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Marion joins Baptist staff
Laura Marion, MD, OB/GYN, has joined the staff of Baptist Memorial Hospital-Golden Triangle at the Physician and Surgeons Clinic in Columbus. Originally from Amory, Marion is a magna cum laude graduate of the University of Mississippi with a bachelor of arts in biology. She Marion graduated from the University of Mississippi School of Medicine in Jackson in 2012 and completed her residency in obstetrics and gynecology at Memorial Health University Medical Center in Savannah, Ga. in 2016. Marion comes to Columbus from a private practice in Fayetteville, Ga. where she was an associate physician. During her residency Marion was named 2016 Most Outstanding Resident in Obstetrics and Gynecology. She was very involved in the American College of Gynecology, serving as Georgia’s Junior Fellow Chair and vice Chair, attending annual district and clinical scientific meetings as well as coordinating the Georgia section of District IV’s service project of collecting unused OR supplies for medical missions. She is active in ‘Jay Prom’, a full-scale prom for special needs individuals in Savannah, Ga. In the past Marion has volunteered at Give Kids a Smile Day, an annual one-day volunteer initiative to provide preventative and restorative dental services to children from low-income families; the Jackson Free Clinic; American Cancer Society Fishing Rodeo; Camp Rainbow (cancer camp for children) counselor; and as a Ronald McDonald House volunteer. Marion is a junior fellow in the American Congress of Obstetrics and Gynecologists; and a member of the Georgia Obstetrical and Gynecological Society and the American Medical Association. She enjoys running and her volunteer activities.
Haddox Reid adds Vaughn Greg Vaughn, CPA, recently joined the audit division of the CPA firm of Haddox Reid Eubank Betts PLLC as a senior manager. He is a graduate of Mississippi College, where he received his Bachelor of Science in Business Administration and Master of Business Administration. Vaughn Vaughn worked as an audit manager for over eight years in public accounting where he served a wide variety of clients, including governmental, nonprofit, and for profit entities. He also served four years as a controller. Vaughn is a certified public accountant in the state of Mississippi.
GranthamPoole promotion Robert A. Cunningham, CPA, ABV, CFE, CVA has been named managing member of GranthamPoole PLLC. He is a founding member of the firm, one of the largest in the state. A native of Florence, Ala., Cunningham attended the University of Mississippi where he graduated Cunningham with a degree in accounting. He is presently the Mississippi Society of Certified Public Accountants’ representative to the American Institute of Certified Public Accountants governing body, the
Madison annual awards winners announced
Courtesy of Photo courtesy of Collins, Barr & Hembree
Collins, Barr & Hembree, Ltd. was recently selected as the 2017 Small Business of the Year for the City of Madison Chamber of Commerce. Other winners were, Large Business of the Year: St. Catherine’s Village; Service and Excellence Award: First Responders — Madison Fire Department and Madison Police Department; Allison and Bish Carson Award: B.C. Rogers III; Ambassador of the Year: Louis Pellegrine; Peggy Wilks Award: Tona Becker; Jo Luby Spirit of Faith Award: Lucille Nichols; and Lucille Nichols Lifetime Achievement Award: Hilda Westbrook. Representing Collins, Barr & Hembree and pictured above are, from left, Michelle Emrick, Robbie Barr, Wallace Collins, Rob Hembree and Todd Rhodus. AICPA Council, a former board chairman of the MSCPA, and currently serves on the board of the Better Business Bureau of Mississippi and YBL of Jackson. He is an active member of First Presbyterian Church of Jackson where he is an elder and board chairman of Twin Lakes Conference Center. Cunningham succeeds Gregory D. Markow, CPA who was managing member since 2013.
Activities director hired Crystal Neal of Collins was recently hired as Activities Director at Covington Ridge Retirement Home in Collins and Magnolia Place Retirement Home in Sumrall. Neal will manage the calendar at both facilities. She will coordinate all the many activities, events, Neal games, and arts and crafts. Neal has also worked in the ministry for many years with her family. Neal’s husband is the interim pastor at New Liberty Baptist Church in Mt. Olive. Her father is a pastor who currently provides sermons at four local nursing homes. Neal’s son-in-law is a pastor as well at Pine Bluff Baptist Church in Wiggins.
USM Nursing, MBA ranked The University of Southern Mississippi’s online Nursing and Master of Business Administration programs have received high rankings by the U.S. News & World Report. U.S. News & World Report ranks online degree programs according to student engagement, admissions selectivity, peer reputation, faculty credentials and training, and student services and technology. The online nursing program has been ranked No. 58 in Best Online Graduate Nursing Programs. The online MBA from The University of Southern Mississippi was included in the rankings for the first time.
Fisher joins Renasant Bank Jay Fisher has joined Renasant Bank in Starkville as a Business Development Officer. Prior to joining Renasant, he served 25 years in the Air Force, retiring as a Colonel with his last assignment as part of the leadership of Columbus Air Force Base. At Renasant, Fisher is respon- Fisher sible for continuing relationship building and fostering client success through direct contact and maintaining a lending portfolio. He attended Mississippi State University, graduating with a Political Science degree. He also attended the Air Force’s in-residence degree granting institution at Maxwell Air Force Base, in Montgomery, Alabama, earning a Master’s Degree in Military Operational Art and Science. Fisher contributes to his community through organizations such as Boy Scouts of America, serving as Troop Committee Chair and is actively involved with his church serving in multiple positions and on various boards. He and his wife Marla, have two sons, Noel and Luke. The Fishers are members of the First United Methodist Church and reside in Columbus.
Combes new bank president Josh Combes has been named Market President at Renasant Bank in Batesville. In his new role with Renasant, Combes will be responsible for relationship building and assisting clients with their various needs. Combes attended the University of Mississippi, graduating with a Bachelor of Business Administration degree. He also earned a Master of Business Administration degree from William Carey University. He is active in his community serving in various roles, and he also enjoys University of Mississippi athletics. He recently became engaged to Amy White
of Southaven, and they are members of Life Fellowship Church.
Hancock Bank recognized A leading global brand known for benchmarking the best in the financial industry, Greenwich Associates, has recognized Hancock and Whitney Bank as one of America’s strongest, safest banks, with a record 24 regional and national Greenwich Excellence Awards for small business and middle market banking. The awards for 2017 mark the most Greenwich Excellence Awards Hancock and Whitney has earned in a single year and raise the bank’s grand total of Greenwich Award designations to 139 — eight Best Brand Awards since 2013 and 131 Excellence Awards since 2005. Greenwich Associates honored Hancock Whitney seven times as a 2017 national winner for small business banking based on Overall Satisfaction, Branch Satisfaction,Industry Expertise, Likelihood to Recommend, Overall Satisfaction with Relationship Manager, and Cash Management awards for Overall Satisfaction and Customer Service. Regional small business banking awards recognized Hancock and Whitney for Overall Satisfaction and Cash Management Overall Satisfaction for the entire South. The bank received 12 national 2017 middle market banking Greenwich Awards: Overall Satisfaction, Proactively Provides Advice, Industry Expertise, Likelihood to Recommend, Overall Satisfaction with Relationship Manager, and Cash Management awards for Overall Satisfaction, Accuracy of Operations, Customer Service, Overall Digital Experience, Ease of Product Implementation, Online Banking Functionality, and Product Capabilities. Three regional awards for middle marketing banking excellence in the South lauded the bank for Overall Satisfaction, Likelihood to Recommend, and Cash Management-Overall Satisfaction.
Newsmakers
18 Q Mississippi Business Journal Q March 16, 2018
Crye-Leike honors Bishop Julie Bishop of Crye-Leike Madison-Jackson Metro is the top producer of Crye-Leike’s Central Mississippi region. She had the highest sales volume in sold Real Estate for the region in 2017. She specializes in residential, investment properties, condominiBishop ums and townhomes, as well as new home construction and land. She is a Graduate of Realtor Institute and a Certified Residential Specialist. Bishop is a member of both the National Association of Realtor sand the Mississippi Realtors Association. Bishop works with Crye-Leike’s Annual United Way Campaign, volunteered as past chairman of the American Heart Association’s Art for heart Red Room, was Chairman of Children’s Sports Parents Committees, and yearly sponsoring and volunteering at the St. Joseph Church Festival.
2018 Leadership Lafayette Class
Brooks joins Staplcotn E. Hope “Hopie” Brooks has joined the marketing team at Staple Cotton Cooperative Association (Staplcotn) as the Director of Export Sales for the cooperative and is based out of its headquarters in Greenwood. Brooks graduated from the University of Missouri in 1984 with Brooks a Bachelor of Science degree in Agricultural Economics. He began his cotton career in 1985 with Hohenberg Bros Company, now known as Cargill Cotton. During his 33 years there, he held several positions in the company and acquired much experience in traveling abroad and selling U.S. cotton internationally. At the time of his retirement from Cargill Cotton in 2017, Brooks held the position of Senior Merchandising and Trading Manager. Brooks has served on the boards of the National Cotton Council and Cotton Council International where he acted as treasurer. He is immediate past chairman of the American Cotton Shippers Association (ASCA) and a former president of the Memphis Cotton Exchange. Brooks and his wife, Debbie, have two children, both students at the University of Missouri.
Bradley attorney appointed
Bradley Arant Boult Cummings attorney Wendy R. Mullins of the Jackson office has been appointed to the Seed Fund Investment Board of Innovate Mississippi. Mullins will serve a threeyear term along with six other entrepreneur board members. The Mullins Mississippi Seed Fund is managed by Innovate Mississippi, which provides high-tech, startup companies with access to pre-seed financing, early-stage risk capital and product development capital to stimulate and accelerate the development of high-performance, technology-based business ventures in Mississippi. Mullins serves as Counsel with Bradley’s Corporate and Securities Practice Group. She assists clients with a variety of corporate projects, from formation and ongoing governance matters to contract negotiation,
Montague began his college education at Holmes in Goodman after graduating from Kosciusko High School in 2002. He attended Holmes on a choir scholarship and received the Music Major of the Year award in 2004. He transferred to Mississippi College in Clinton where he was a member of the Mississippi College Singers and Kinesiology Club. After completing his bachelor’s in exercise science in 2007, Montague took a position as a fitness specialist at Baptist Healthplex at Mississippi College. Montague was accepted into the Occupational Therapy program at the University of Mississippi Medical Center in Jackson. He completed his master’s degree in May of 2011 and earned his state licensure in Mississippi, Florida and Louisiana in addition to his national registration through NBCOT. Montague worked in various settings throughout the aforementioned states until joining the staff at Holmes. In his new position, he teaches several courses including anatomy, kinesiology, pathology of orthopedic conditions, and Occupational Therapy Skills II. He also arranges the clinical fieldworks for the OTA students and conducts site visits.
Sistrunk joins design firm Courtesy of Joey Brent
The Oxford-Lafayette County Chamber of Commerce kicked off its 2018 class of the Leadership Lafayette program in January and will run through late August. The 2018 class includes: Front row, from left, Katie Mink, Mississippi Small Business Development Center; Jamie Carr, J. Carr Properties, LLC; Brandi Binder, FNB Oxford Bank; Julie Wells, Evans Petree PC; Cassie McCutchen, Baptist Memorial Hospital-North MS; and Dana Fisher, Charter Road Hospitality, Inc. Second row, Luke Harris, Renasant Bank; Delia Childers, Oxford Eagle; Michelle Robinson, City of Oxford; Kristen Paris, ProMatura Group; Natalie Damore, Byrne & Associates, PLLC; Cayce Read, CoreLogic|FNC; Jeff McCutchen, Oxford Police Department. Third row, Jeffery Johnson, University of Mississippi; Stuart Povall, Develop Design Studio; Kevin Cozart, The Sarah Isom Center for Women and Gender Studies; Jonathan Nance, Ole Miss Athletics; Joseph Brummett, Wes Schilling; Patrick Perry, University of Mississippi; and Scott Iverson, CoreLogic | FNC. Back row, Brian Whisenant, Oxford Treatment Center; Casey Rogers, Innovative Construction Management; Matt O’Keefe, University of Mississippi; Julia Tatum, Delta Grind; Justin Mills, University of Mississippi; and Jacob Jenkins, Insight Park. Not pictured is Lindsey Abernathy, University of Mississippi Office of Sustainability. product commercialization, acquisition and business succession planning. Previously, she served as general counsel for SkyTel Corp., a wireless communications company owned by WorldCom and later by Verizon. Mullins is a Mississippi liaison to the Corporate Laws Committee of the American Bar Association’s Business Law Section. She also is Board Chair for the Mississippi Center for Nonprofits. She received her J.D. with distinction from the Mississippi College School of Law and her Bachelor of Arts from the University of North Carolina at Chapel Hill.
Farris new design associate Duvall Decker Architects, P.A. is expanding its leadership team with the addition of Cody Farris, AIA as an associate and studio design director in its Jackson firm. Farris has 12 years experience at Duvall Decker Architects, with strengths in design, research, Farris detailing, systems coordination, and construction administration. He has received multiple awards for design excellence. Farris received his Bachelors of Architecture from Louisiana State University and is a local and national member of the American Institute of Architects (AIA).
Bell, Montague join Holmes Amber Bell of Kosciusko and Cade Montague of McAdams have recently joined Holmes Community College. Bell is the new Smart-Start Navigator at the Attala Center in Kosciusko and Montague is an academic fieldwork coordinator and instructor Bell for the Occupational Therapy Assistant Technology program on the Ridgeland Campus. Bell earned her master’s in higher education administration and student personnel, as well as her bachelor’s in liberal arts, from the University of Mississippi. Prior to her employment at Holmes, she was employed with BlueCross Montague BlueShield of Mississippi as a provider service representative. Before BlueCross BlueShield, she worked as a graduate research assistant for the Department of Writing and Rhetoric. Bell’s honors, accolades and professional memberships include: Gamma Beta Phi, Student Personnel Association, Phi Eta Sigma National Honor Society National Society of Collegiate Scholars and Sigma Alpha Lambda National Leadership and Honors Organization.
Morgan Sistrunk recently joined Canizaro Cawthon Davis Architects, Planners & Interior Designers as an Interior Designer. Sistrunk is a University of Southern Mississippi graduate where she earned her Bachelor of Interior Design Degree in 2016. Sistrunk Sistrunk has commercial furniture design and recent academic experience. Sistrunk grew up in Ridgeland and lives in Madison with her husband, Mitchell, and two rescue pups.
Ex-mayor joins Butler Snow Former Vicksburg mayor Demery F. Grubbs has joined Butler Snow and will be a senior government relations advisor in the law firm’s public finance, tax incentives and credit markets group and the firm’s regulatory and government relations group. Grubbs has more than 40 years Grubbs of experience in local and state government, including Vicksburg mayor, Vicksburg alderman, instructor on municipal finance, financial advisor and consultant to local governments. Grubbs previously served as a financial advisor and consultant for Government Consultants, Inc., principal instructor of the Mississippi Municipal League’s Municipal Finance Course and department head of the Vicksburg Department of Leisure. Grubbs was also president of the Mississippi Wildlife Federation, chairman of the Mississippi Children Advocacy Board, president of the Mississippi Municipal League and served on the Central Mississippi Planning and Development District board. Grubbs retired from the Mississippi National Guard, after attaining the rank of first sergeant. Grubbs holds a bachelor’s degree in recreation administration and management from the University of Southern Mississippi.
Newsmakers
Ballard
March 16, 2018
Memorial STAR Recipients Farmer
Tupelo firm hires, promotes
2 join new Merit Clinic
Kristen C. Crawford, MD and J. Kevin Bridges, MD, have joined the staff at the new Merit Health Medical Group clinic at 200 Key Drive in Madison. Both Dr. Crawford and Dr. Bridges are board certified in internal medicine. Both received their medical degrees and completed their medical residencies at the University of Mississippi Medical Center in Jackson. Both are members of the Medical Staff at Merit Health River Oaks.
Crawford
Bridges
Chmielewski joins board Mark Chmielewski, Compliance Consultant with Technology Solutions Group (TSG), a division of TEC, was recently named to the Board of Directors of the Jackson chapter of the Association of Information Technology Professionals (CompTIA AITP). Chmielewski is a four-year Chmielewski veteran of TSG, where he conducts HIPAA compliance audits and HIPAA training seminars for TSG clients. He has also created and presented detailed findings reports and compliance recommendations for TSG clients subject to HIPAA rules and
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Employing some 20 students, the call center works to build partnerships and update database records for graduates and friends of MSU.
Butler Snow moves up list
Butler Snow LLP is has moved up in multiple categories in the annual S&P Global Market Intelligence Bank & Thrift M&A Legal Advisor Rankings. Butler Snow vaulted from No. 44 (2016) to No. 13 (2017) in the rankings based on number of deals (seven), and also moved up 25 spots based on deal value ($175 million). The firm also moved up in the branch transaction rankings on both a total deposits and number of deals basis. S&P Global Market Intelligence is a leading provider of financial and industry data, research, news, and analytics.
Rhea
Nail McKinney Professional Association recently added one CPA and promoted three others at the Tupelo firm. Samantha Weatherford, a native of Sebastopol, has joined the firm. She received her Master of Taxation degree from MissisWeatherford sippi State University in 2012. She has over 5 years experience in public practice in Memphis. Samantha and her husband, Bradley, have a 14-month-old daughter, June, and they will live in Tupelo. Hollie Ballard, CPA, Chase Farmer, CPA and Ryan Rhea, CPA were promoted to Senior Accountant. Ballard, a native of Corinth, received her Master of Taxation degree from Mississippi State University in 2013. Hollie and her husband, Carl, reside in Shannon. Farmer, a native of Columbus, received his Bachelor of Science degree in Accounting from the Mississippi University for Women in 2007. Chase and his wife, Shelley and their children, Charlie and Maggie, reside in Tupelo. Rhea, life-long resident of Tupelo, received his Master of Professional Accountancy from Mississippi State University in 2014.
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Baker Donelson recognized
Courtesy of Memorial Hospital
Memorial Hospital at Gulfport has named the recipients of the Fourth Quarter 2017 Star awards — Memorial’s highest honor. The recipients are, front row, from left: Dr. Lainie Jorns, Family Practice Physicians; Logan Lizana, Cardiac Telemetry; Holly Watson, Same Day Admit. Middle row: Marjorie Young, Community & Corporate Relations; Jamie Heaton, Pharmacy; Ann Dronet, Community & Corporate Relations. Back row: Kathleen Necaise, Observation. Not pictured: Julie Faucha, Medical/Telemetry, and Eddie Sannicolas, Food & Nutrition Services.,
regulations. Prior to joining TSG, Chmielewski was a Field Manager for the Nielsen Company for 21 years. While at Nielsen he managed a portion of the National Television Exclusive Sample and oversaw teams in seven states, ensuring the quality of the data that produced the Nielsen TV Ratings. Mark and his wife, Michelle, have two daughters and reside in Madison. CompTIA AITP began as the National Machine Accountants Association back in the 1950s, and an active chapter was formed in Jackson in 1966.
Chaney promotes Miller Vanessa Miller has been named Director of the Licensing Division of the Mississippi Insurance Department by Commissioner Mike Chaney. Miller has been employed with the Mississippi Insurance Department for over nine years, working in the Financial and Miller Market Regulation Division. Miller is a Jackson native and holds a B.S. in Accounting from Mississippi College. She is an active member of the Society of Financial Examiners, obtaining a Certified Financial Examiner designation in 2011 and is a current member of the Securities & Insurance Licensing Association. She is also a member of the International Association of Insurance Professionals.
Coco name head of school The Jackson Prep Board of Trustees has selected Lawrence Coco to serve as its next Head of School. He will replace Interim Head of School Denny Britt. Coco graduated from Jackson Prep in 1992. He attended the University of Mississippi where he grad-
uated Magna Cum Laude, double majoring in English and History. After graduation, Coco worked at Prep as an American Literature and History teacher, assistant High School Principal, and football and track coach. Coco received his J.D. from the University of Mississippi in 2001 where he finished 4th in his class of 123. He practiced law in Mississippi from 2001 to the present. Coco will leave his law practice McCraney, Coco & Lee, PLLC. He and his wife, Rebecca (Thomas – Jackson Prep Class of 1992) have been married for 19 years and have three children – Mary Robinson, Thomas, and Edward. They are members of St. Richard Catholic Church.
Carter takes MSU post Canton native Georgia Luann Carter, a staff member in the Mississippi State University Foundation, has been promoted to university’s new annual giving director, where she will direct fundraising efforts that typically focus on gifts made to any MSU Carter area on a continuing basis. Carter also will be responsible for securing annual gifts for the institution and its academic colleges through direct marketing efforts. Since mid-2016, the Starkville resident has served as staff assistant of annual giving. She holds a Bachelor of Arts in psychology from Delta State University. Before going to MSU, Carter was a resource manager with Luckie & Company in Birmingham, Ala., and in marketing and sales with Birmingham Printing. Her experience includes marketing roles with department stores including Parisian, Profitt’s and McRae’s. Carter also will oversee the Bulldog Calling Center.
For the ninth consecutive year, Baker Donelson has been named one of Fortune magazine’s “100 Best Companies to Work For.” The law firm is ranked 96th in the 2018 edition of the list, which recognizes companies with exceptional workplace cultures. Fortune highlighted employees’ trust in the Firm’s management and the transparency of the Firm’s leadership. The Fortune “100 Best Companies to Work For” list is based on survey responses from more than 310,000 employees rating their workplace culture on 50-plus elements of the workplace. These include trust in managers, compensation, fairness, camaraderie and workplace traits linked to innovation. The ranking accounted for the experiences of all employees including women, people of color, LGBT individuals, older team members, and disabled employees.
Vision group selects Link The Mississippi Vision Foundation (MVF), a 501(c)(3) founded in 1960, has named Sarah Link, CAE, as its Executive Director. The Mississippi Vision Foundation is committed to improving vision and eye care in Mississippi through a variety of programs, engaging in vision and eye health Link research, and providing indigent eye care programs. Link is a graduate of Belhaven University and a juried member of the Craftsmen’s Guild of Mississippi in the Metal-Jewelry category. She recently earned the Certified Association Executive designation. Additionally, she is a volunteer running coach for third-fifth grade girls with Girls on the Run of Central Mississippi.. Link is also the Associate Executive Director for the Mississippi Optometric Association (MOA).
Pickering hires Champion Jeff Champion recently joined the Pickering Firm’s Flowood Water Resources Team as a Senior Design Technician. He has an Associate Applied Science Degree in Drafting Design Technology from Hinds Junior College, and over 30 years of experience. Champion The firm is headquartered in Memphis with Mississippi offices in Hernando, Flowood, Jackson, Pearl, and Biloxi. It has an office in Jonesboro, Ark.
New Businesses
20 Q Mississippi Business Journal Q March 16, 2018
WALKER & COMPANY CPA’S: The Rankin County Chamber of Commerce recently held a ribbon cutting for Walker & Company CPA’s, 2001 Airport Road in Flowood.
Courtesy of Rankin County Chamber of Commerce
Courtesy of Greater Starkville Development Partnership Courtesy of The Chamber of Flowood
SIMPLY SOUTHERN CELEBRATIONS: The Chamber of Flowood recently held a ribbon cutting Simply Southern Celebrations, a floral shop at 4227 Lakeland Drive in Flowood.
GEORGE AND MARY’S: The Greater Starkville Development Partnership Chamber of Commerce recently held a ribbon cutting for George and Mary’s, a retail space at 210 E. Main St. in Starkville.
THACKER 564: The Oxford-Lafayette County Chamber of Commerce recently held a ribbon cutting for Oxford chef/ restaurateurs Michelle Rounsaville and Trey Bridgers and Thacker 564, a new restaurant at 3000 Old Taylor Road in Oxford.
Courtesy of Oxford-Lafayette County Chamber of Commerce
New Businesses
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WILL POOLE STATE FARM INSURANCE: The Oxford-Lafayette County Chamber of Commerce recently held a ribbon-cutting for Will Poole State Farm Insurance, 1601 Jackson Ave.
Courtesy of Oxford-Lafayette County Chamber of Commerce
Courtesy of The Alliance
DAYLIGHT DONUTS: The Alliance recently held a ribbon-cutting for Daylight Donuts, 2005 Highway 72 W. in Corinth. Brenda Shelton, President, cut the ribbon along with Daylight Donuts staff members, Mayor Tommy Irwin, city and county officials and The Alliance Ambassadors.
Courtesy of The Chamber of Flowood
PRIORITY ONE BANK: The Chamber of Flowood recently held a ribbon-cutting for PriorityOne Bank’s new location at 3500 Lakeland Drive, Suite 501 in Flowood.
Courtesy of Clinton Chamber of Commerce
CROSSFIT CHI-RHO: The Clinton Chamber of Commerce recently held a ribbon-cutting ceremony for CrossFit Chi-Rho, 1205 Industrial Park Road in Clinton,. Owners Kevin and Vicki Rundlett were joined by chamber staff, board members, ambassadors, city officials, family and friends.
Courtesy of Clinton Chamber of Commerce
JACKIE’S TAX PLACE: The Clinton Chamber of Commerce recently held a ribbon-cutting ceremony for Jackie’s Tax Place, 212 Clinton Blvd. in Clinton. Owner, Jackie Spong was joined by chamber staff, board members, ambassadors, city officials, family and friends.
New Businesses
22 Q Mississippi Business Journal Q March 16, 2018
THE BEAUTY BAR: The Greater Starkville Development Partnership recently held a ribbon cutting for The Beauty Bar at R. Tabb & Co., 201 E. Main St. in Starkville.
Courtesy of Greater Starkville Development Partnership
Courtesy of Clinton Chamber of Commerce
MERIT HEALTH MEDICAL CLINIC: The Clinton Chamber of Commerce recently held a ribbon-cutting ceremony for Merit Health Medical Clinic, 732 Clinton Parkway in Clinton. Merit Health staff was joined by chamber staff, board members, ambassadors, city officials, family and friends.
Courtesy of Clinton Chamber of Commerce
REPUBLIC FINANCE: The Clinton Chamber of Commerce recently held a ribbon-cutting ceremony for Republic Finance, 909 Old Vicksburg Rd. Ste. #1. Manager Jeremy Craig was joined by chamber staff, board members, ambassadors, city officials, family and friends.
Courtesy of The Alliance Courtesy of Greater Starkville Development Partnership
GUM TREE MORTGAGE: The Greater Starkville Development Partnership recently held a ribbon-cutting for Gum Tree Mortgage, at the Mill at 600 Russell St., Suite 130 in Starkville.
TEAM CABLED: The Alliance recently held a ribbon-cutting for Team Cabled, 2041 E. Shiloh Road in Corinth. Owners Chip Worley and Paul Feazell cut the ribbon along with family and friends. Mayor Tommy Irwin assisted, as well as, other city and county officials and The Alliance Ambassadors. Team Cabled specializes in commercial and industrial cabling.
March 16, 2018
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THE SPIN CYCLE
Could ties to NRA pose serious branding problems? M
ajor brands are cutting ties to the National Rifle Association in the wake of public pressure after the tragic mass shooting at a Parkland, Fla., high school. And there’s little advantage for companies to stick with the NRA, branding experts told USA TODAY. “Unless you’re in an adjacent industry like hunting, having a public connection with the NRA is” highly detrimental to a brand, said Aaron Kwittken, CEO of Kwittken, a New York-based corporate brand reputation and crisis management agency. Companies that have ended financial relationships with the gun group include Delta Air Lines, United Airlines; Enterprise, Alamo, National, Hertz, Avis and Budget car rentals; Symantec; Starkey Hearing Technologies; TrueCar; MetLife; SimpliSafe; and First National Bank of Omaha. But some companies have resisted calls to cut ties. FedEx said it was keeping a discount deal for NRA members while issuing a statement that tried to distance its views on gun policy from the group’s. FedEx has clarified that the discount program it offers is for NRA members, not the organization itself. FedEx has never provided any donation or sponsorship to the NRA, the company said. Two other notable companies that have resisted increasingly strident calls to end financial relationships with the gun owners group are Apple and Amazon. They have refused to yank an NRA public relations channel from their streaming services. Teen survivors of the Parkland school rampage, which killed 17, and their families began protests calling for gun reform, which quickly positioned them in the national spotlight, and took social media by storm, with the hashtag #NeverAgain.
Wall Street Journal Taps Into Reader Habits The Wall Street Journal thinks it might know your reading habits — and your potential spending habits — better than you know them yourself. For the past couple of years, the Journal — home to one of journalism’s oldest paywalls — has been testing different ways to allow nonsubscribers to sample stories, refining a subscription prediction model that allows it to show different visitors, who have different likelihoods of subscribing, different levels of access to its site, according to a recent NiemenLab report. Non-subscribed visitors to WSJ.com now each receive a propensity score based on more than 60 signals, such as whether the reader is visiting for the first time, the operating system they’re using, the device they’re reading on, what they chose to click on, and their location (plus a whole host
of other demographic info it infers from that location). Using machine learning to inform a more flexible paywall takes away guesswork around how many stories, or what kinds of stories, to let readers read for free, and whether readers will respond to hitting paywall by paying for access or simply leaving. The Journal has found that these non-subscribed visitors fall into groups that can be roughly defined as hot, warm, or cold, according to Wells. Those with high scores above a certain threshold — indicating a high likelihood of subscribing — will hit a hard paywall. Those who score lower might get to browse stories for free in one session — and then hit the paywall. Or they may be offered guest passes to the site, in various time increments, in exchange for providing an email address (thus giving the Journal more signals to analyze). The passes are also offered based on a visitor’s score, aimed at people whose scores indicate they could be nudged into subscribing if tantalized with just a little bit more Journal content. The Journal is hardly the first to use propensity-modeling techniques — common in the app world for trying to convert casual users into paying users — to increase subscriptions. The Financial Times has for years been using data to more efficiently target readers with the offers that they are more likely to respond to.
took home the lead acting prizes for their performances in “Darkest Hour” and “Three Billboards,” respectively. Accepting her award, McDormand asked every female nominee in the Dolby Theatre to stand. “We all have stories to tell and projects we need financed,” she said, using the podium to make a glorious stand for women’s rights. Accepting the award for best picture, del Toro dedicated his prize to “the youth that is showing us how things are done.” He added: “Growing up in Mexico, I thought this could never happen.” The awards show took on the #MeToo movement, sparked by revelations of sexual misconduct by powerful men throughout Hollywood. Sam Rockwell won best supporting actor for his portrayal of a racist cop in “Three Billboards.” Allison Janney, who like Rockwell, was heavily favored to win, took home the best supporting actress trophy for her role as Tonya Harding’s domineering mother in “I, Tonya.” But not everyone was a winner! It was a ratings bust for ABC as the awards show attracted the fewest viewers in history, according to data released by Nielsen. About 26.5 million viewers tuned in to the 2018 Oscars, marking a record low and
the first time Academy Awards viewership sunk below 30 million people, the Associated Press reported. To put it in perspective, viewers tuning out could fill Madison Square Garden more than 300 Todd Smith times. Of course, the data do not include people who streamed the Academy Awards on digital or mobile platforms, though ABC made the broadcast available online and through its app for those with a cable login. The figure is the lowest since Nielsen started tracking Oscars viewership numbers in 1974. Viewership sank by 20 percent from last year, when 32.9 million people watched the 2017 Oscars. The 2017 Oscars saw was the lowest number of viewers since 2008, when the broadcast drew in 32 million viewers. In 2016, an average of 34.4 million people watched the Academy Awards broadcast. The Spin Cycle suspects this is a sign of the times, where the public is increasingly cutting the TV cord and opting to stream on mobile devices, another trend of our fast-paced, on-the-go society. Each week, The Spin Cycle will bestow a Golden Mic Award to the person, group or company in the court of public opinion that best exemplifies the tenets of solid PR, marketing and advertising – and those who don’t. Stay tuned – and step-up to the mic! And remember … Amplify Your Brand!
Todd Smith is president and chief communications officer of Deane, Smith & Partners, a full-service branding, PR, marketing and advertising firm with offices in Jackson. The firm — based in Nashville, Tenn. — is also affiliated with Mad Genius. Contact him at todd@deanesmithpartners.com, and follow him @ spinsurgeon.
Academy Mic | Mute woman, amphibious creature steal the show!
To say the Academy Awards made a splash this year could be the greatest understatement this side of the Silver Screen! “The Shape of Water” won best picture at the 90th Academy Awards on Sunday, a night that featured a wide array of winners but few surprises. Guillermo del Toro also won best director for the movie, an incredible love story about a mute woman and an amphibious creature. Other big winners included best-picture nominees “Three Billboards Outside Ebbing, Missouri,” “Get Out,” Name “and “Darkest Hour.” Gary Oldman and Frances McDormand
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