September 7-13, 2012, Vol. 5, Issue 37

special emphasis: LOGISTICS Delayed Deliveries

Trucker shortage has local logistics industry scrambling to meet shipping demands Page 14

Shelby • Fayette • Tipton • Madison

Growth Streak Page 12 13 Memphis companies land on Inc. Magazine list

Memphis News File Photos: Lance Murphey TOP LEFT: Harvest Creative staff includes Andrew Hol- liday, from left, Michael Hildebrand, Anthoney Carter, Hunter Mitchell, Daniel Brown and Jenna Kaufman.

ABOVE: Jay Myers is founder and CEO of Interactive Solutions.

LEFT: Matt Rowan, left, and Mark Anderson of Memphis Invest.

10 Overton Square Excitement Existing businesses are excited about the opportunities that are coming to the Midtown entertainment district with new tenants on the way.

weekly digest: page 2 real estate: page 6 law talk: page 26 newsmakers: page 29 EDITORIAL: page 34

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Monogram Foods oil from North Dakota. for engaging with the arts. Atlanta-based United Parcel Service Inc. North Dakota oil would come by train to With a $40,000 grant from the National said Wednesday, Sept. 5, that it agreed with Buys Hinsdale Farms Delta's refinery, Delta President Ed Bastian Endowment for the Arts, the ArtsMemphis. TNT to give the European Commission 10 Memphis-based Monogram Food Solu- said at an analyst conference on Thursday. org redesign includes detailed information more days to review the deal. tions LLC has acquired Hinsdale Farms of Delta is already in discussions with railroads about ArtsMemphis’ grant programs and The companies’ businesses overlap in Bristol, Ind. about getting oil to the Trainer refinery. services. It provides more visibility for local many areas, and there are concerns that Hinsdale becomes the fourth processed- Delta is working "24-7" to get the refinery videos and the ArtsMemphis TV Web series, competition could be stifled. meat manufacturing plant owned by Mono- running by the end of this month, Bastian as well as providing an updated version The offer period officially ends Nov. 9. gram. That includes plants in Muncie, Ind., said. of the Artsopolis arts calendar for finding UPS is the world’s largest delivery com- Martinsville, Va., and Chandler, Minn. The airline spent $11.8 million on jet fuel cultural events. pany. TNT is the second-biggest express Hinsdale bills itself as one of the largest last year. It's hoping to slice that bill by $300 The calendar can be customized for mail company in Europe behind DHL. corn dog manufacturers in the world. It also million – and Bastian said the savings would personal preferences and has social media does co-packing for other manufacturers be higher with North Dakota crude. plug-ins. The website is also mobile-device and manufacturing for retail private label North Dakota oil production has more friendly. customers. than tripled in the last three years, according ArtsMemphis.org’s website was rede- Capital Campaign Launched Monogram owns the King Cotton, Circle to the Energy Information Administration, signed following an email survey of frequent For Mobile Spay/Neuter Unit B and Trail’s Best brands of meat products. and it is now the country's second-biggest users. Since January 2008, ArtsMemphis’ arts The company was founded in 2004. oil-producing state, behind Texas. events calendar has featured thousands of The Humane Society of Memphis & Much of the North Dakota crude is arts events and hundreds of arts organiza- Shelby County has announced the start already moving by rail because of limited tions across Memphis and has attracted of a $1 million capital campaign to raise access to pipelines. The number of rail cars more than a million visitors. funds for what the organization says will Delta Looking Into hauling crude oil and petroleum products be Memphis’ first mobile spay/neuter unit. North Dakota Crude jumped more than 38 percent during the The $1 million in funding includes the first half of this year compared to the same purchase and customization of a trailer Delta Air Lines is looking into buying period last year, according to the Association UPS, TNT Delay with two surgical bays, and the coverage cheaper North Dakota crude oil to feed its of American Railroads. Close of Deal of the unit’s operating budget, including new refinery near Philadelphia, instead of personnel costs for five years. the more expensive overseas crude that has United Parcel Service is pushing back Humane Society executive director fed the refinery in the past. the close of its $6.77 billion acquisition Alexis Amorose says 16,000 to 17,000 ani- Delta bought the idled refinery at Trainer, ArtsMemphis Launches of Dutch delivery company TNT Express mals are euthanized in Shelby County each Pa., in June. Like most East Coast refineries, User-Friendly Website because of an extended regulatory inves- year, and that the housing and euthanizing it has previously been fed mostly with North tigation. of thousands of animals in local municipal Sea oil that arrived by ship and is priced in ArtsMemphis has launched its new web- It now expects the deal, first announced shelters is far more expensive than proac- London. That Brent crude has been consis- site, ArtsMemphis.org, where hundreds of in March, to close early next year. As of two tively spaying and neutering. tently more expensive than the West Texas arts organizations will be able to post events, weeks ago, it expected the deal to close The mobile spay/neuter unit’s goal will Intermediate crude that governs pricing for making ArtsMemphis.org the go-to source before the end of this year. be to make spaying and neutering extreme-

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ly accessible to members of the community. nally forecast “as weakness in the global Trade Group Honors The area is divided into five niches – It will target low-income neighborhoods, economy constrained revenue growth at Evolve Bank & Trust woodland edge, meadow, pitcher plant staying in the same area for several days and FedEx Express more than expected in the bog, old field and rain garden. Each niche completing as many spay/neuter surgeries earlier guidance,” according to the com- Memphis-based Evolve Bank & Trust has features wide paths, making it open and as possible during that timeframe. pany’s written statement. hit a big milestone as a member of the Inde- easily accessible, as well as quieter intimate The privately funded organization FedEx executives announced a “cost pendent Community Bankers of America. footpaths. The varying paths offer visitors hopes to spay or neuter around 20 to 30 pets reduction program” at FedEx Express dur- This year marks Evolve’s 40th year as a different ways to photograph the garden. per day, operating the unit four days per ing the June earnings call. member of the ICBA, a trade association There will be no signs in the new garden in week, with the ultimate goal of completing Days later, they rolled out the terms focused solely on serving the needs of the order to maintain a natural background for 4,000 to 6,000 spay/neuter surgeries annu- of a voluntary buyout in the Express and nation’s more than 7,000 community banks. photography. ally. Organization leadership estimates the Service divisions of FedEx aimed at “non- ICBA president and CEO Camden Fine daily cost to operate the unit will be about operational staff.” released a statement calling the association $1,000 per day. More details on the other measures fortunate to have had Evolve’s membership The society is accepting donations for within Express, the oldest division of FedEx, for the last four decades. He added that com- Olive Garden, LongHorn the mobile spay/neuter unit at www.mem- are still to come possibly as early as the munity banks like Evolve drive economic Workers Sue Company phishumane.org. Sept. 18 earnings call. stability and prosperity on Main Street. During the June earnings call, FedEx Darden Restaurants violated federal chief financial officer Alan B. Graf Jr. said labor laws by underpaying thousands of the cause was a “demand shift” by con- servers across the country at Olive Garden, FedEx Drops sumers away from air transport that FedEx Memphis Botanic Garden To LongHorn Steakhouse, Red Lobster and Earnings Projection founder and CEO Fred Smith confirmed has Unveil Photography Garden other eateries, according to a lawsuit filed been apparent for several years. Thursday on behalf of the workers. Memphis-based FedEx Corp. dropped Before the call, FedEx has announced Memphis Botanic Garden, 750 Cherry The lawsuit filed in Miami federal court its first quarter earnings per share estimate it was permanently retiring 24 Express air- Road, will unveil its Nature Photography seeks to collectively represent current and two weeks before the company releases craft and replacing them with newer, more Garden, a fusion of art and ecology that en- past employees who worked for Darden its earnings figures for the quarter ended efficient aircraft. compasses about one acre of land, Thursday, from August 2009 to the present. It seeks Aug. 31. Smith said declining package volume in Sept. 15 at 5 p.m. potentially tens of millions of dollars in back In a written statement released Tues- Express has not become declining package The garden invites visitors to enjoy the pay and other compensation, plus interest day, Sept. 4, FedEx executives revised the volume across FedEx’s other divisions or as beauty of the relationship between plants and attorney fees, said lead lawyer David earnings per share from a forecast of $1.45 a whole for the cargo and package giant. and animals. Modeled on natural systems, Lichter. to $1.60 per diluted share to $1.37 to $1.43 He has continued to emphasize that the the unique garden mimics natural habitats "Darden has a companywide pattern per diluted share. company gauges its success across those by offering the three staples of life: food, and practice of paying its employees below A year ago, earnings were $1.46 per platforms as customers choose different water and shelter. It includes more than minimum wage and less than what the diluted share. ways to ship items and goods with FedEx 300 species of plants from various habitats, law requires," Lichter said. "We're seeking FedEx took the action because earn- depending on how time sensitive their as well as water features designed to attract not only to correct the wrongs that have ings are expected to be lower than origi- shipment are. wildlife, such as insects and birds. occurred at Darden, but hopefully this will

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stimulate change across the country." released Thursday, Sept. 6, shows that A spokesman at Darden, the nation's 12 percent of Arkansas is in exceptional largest full-service restaurant owner and drought. That's down from 45 percent a operator, did not immediately respond to a week ago. Almost half the state is still in request for comment. The Orlando-based extreme drought. company's website said it has more than The map shows that the worst condi- 2,000 restaurants in North America that tions are in northern Arkansas counties, employ about 180,000 people. Darden does while the drought is beginning to recede in not franchise its restaurants. southern and eastern Arkansas. The Department of Labor has found The National Weather Service says Isaac violations similar to those claimed in the dropped more than 10 inches of rain in lawsuit in several individual investiga- places as it moved through Arkansas. tions, including a 2011 probe in which the company agreed to pay more than $25,000 in back wages to Olive Garden workers in Mesquite, Texas. Darden was also assessed Civil War Cannons a $30,800 fine in that case. Go to Memphis Park There are similar lawsuits pending in Illinois and New York, but the one filed in Four reproduction Civil War cannons Florida is the first seeking to represent all will be installed in Memphis’ Confederate Darden workers at its four major brands: Park, replacing real Civil War cannons that Olive Garden, Red Lobster, LongHorn were sacrificed during World War II as part Steakhouse and The Capital Grille. Its of a scrap-metal drive. named plaintiffs are two Darden workers The park later displayed World War II in Florida and Virginia. cannons. Those were removed in 2009 to The lawsuit was filed under the Fair be renovated and placed in Overton Park’s LEADERSHIP Labor Standards Act. Veterans Plaza. The reproduction cannons were in- stalled Wednesday, Sept. 5, by the N. B. MEETS INNOVATION. Forrest Camp Sons of Confederate Veterans, US Construction Spending the Riverfront Development Corp. and the Fell 0.9 Percent in July Shelby County Historical Commission. The replica cannon barrels were pro- U.S. construction spending fell in July duced by Steen Cannon Works in Kentucky. from June by the largest amount in a year, The carriages are antiques that were refur- weighed down by a big drop in home im- bished and painted. The guns will be as- provement projects. sembled off-site and then moved by trailer But spending on construction of single- and crane to their new home. family homes and apartments increased again, a hopeful sign for the modest hous- ing recovery. The Commerce Department said that First Co-Working Space overall construction spending declined 0.9 Launched in Memphis percent in July. It followed three months of gains, which were driven by increases in Innovative Solutions Group, a com- home and apartment construction. munity based organization that provides The 2nd Annual Memphis The June decline left spending at a educational and workforce development Research and Innovation Expo seasonally adjusted annual rate of $834.4 training opportunities, has partnered with billion. That’s nearly 12 percent above a 12- Cricket Communications Inc., a value- year low hit in February 2011. Construction driven wireless services provider, to launch Hear keynote speaker, General Stan McChrystal, and activity is roughly half of what economists the first co-working facility in Memphis. share ideas with other local leaders like yourself. consider to be healthy. Urban Workspace Powered by Cricket, Spending on residential construction located in the City House at 6 W. G.E. Pat- Meet the area’s top researchers from the University of fell 1.6 percent in July from June to a season- terson Ave. in Downtown Memphis, will Memphis and local research-oriented companies. Check ally adjusted annual level of $264.6 billion. provide an affordable, shared working en- out over 25 exhibits, including a handheld pocket radar, But that was dragged lower by a 5.5 percent vironment for freelancers, entrepreneurs, decline in home improvement projects. small businesses, and startups eager to research on invasive beetles, studies of obesity and its Spending on single-family homes rose collaborate and share resources. effect on joints and spinal implants, and an analysis of 1.5 percent, the fourth straight monthly Amenities include 24 workspaces, high- sports-related concussions in adolescents. gain. And spending on apartment construc- speed wireless Internet, a conference room, tion was up 2.8 percent, the ninth straight presentation materials, office equipment, a gain. dry erase wall for brainstorming and plan- Seating for General McChrystal’s presentation is Spending on nonresidential projects ning, a lounge area and a full kitchen. Urban limited. He will speak in the Zone at 9:30 a.m. Parking fell 0.9 percent to an annual level of $294.1 Workspace also hosts informative work- is available, for a fee, in the Innovation Drive Garage, billion. Spending on government projects shops, seminars, cooking classes, meet-ups, dropped 0.4 percent to a level of $275.7 bil- and monthly lunches and happy hours. across from the FedEx Institute. lion. Spending on state and local building Rental options include conference projects fell 0.3 percent, while spending room only, daily, weekly or monthly. Thursday, September 27 on federal construction projects was down 9 a.m. - 3 p.m. 1.3 percent. FedEx Institute of Technology on the MAA Completes Senior University of Memphis Campus Unsecured Notes Offering Admission is FREE Isaac’s Downpours Ease memphis.edu/fedex | 901.678.5105 Drought in Arkansas Memphis-based MAA and its operating partnership, Mid-America Apartments LP., Drought conditions are improving in have completed an issuance of $175 million Arkansas, thanks to last week's downpour of of Senior Unsecured Notes. rain from the remnants of Hurricane Isaac. The total $175 million issuance repre- The latest U.S. Drought Monitor map sents a weighted average term of 9.5 years www.thememphisnews.com September 7-13, 2012 5

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and a weighted average interest rate of 4.02 professionals, joined Chisholm-Burns for percent. The issuance and sale of the notes a Chattanooga reception. will occur in three separate closings: $62 The society presented the gift in memo- FROM THE BLOG million on Aug. 31, $59 million on Sept. 28, ry of Reichle B. Chandler, a 1971 UT College and the remaining $54 million on Nov. 30. of Pharmacy graduate and 1985 master’s The company plans to use proceeds graduate from the University of Tennessee from the notes to partially finance acquisi- at Chattanooga. McNeeley’s Project Green Fork tion and development activity and further The endowment will be used to fund a Gains National Attention unencumber previously secured assets. scholarship for newly admitted or already The lead placement agent was Jefferies enrolled students in the UT College of Phar- & Co. Inc. with J.P. Morgan and KeyBanc macy, who hail from Hamilton or Bradley Editor’s Note: “From the Blog” is a weekly feature that highlights Capital Markets LLC serving as the co-lead counties. some of the enterprising work our staff and contributors post on The placement agents. Daily News blog, blog.memphisdailynews.com. MAA has long-term issuer ratings of Baa2 from Moody’s Investors Service and BBB from Fitch Ratings. Memphis-Based MAA SARAH BAKER | The Memphis News MAA is an apartment-only real estate Acquires Units in Texas investment trust, which currently owns or has ownership interest in 49,264 apartment Memphis-based MAA has completed emphis’ Margot McNeeley is on a roll and is gaining na- units throughout the Sunbelt region of the the acquisition of Haven at Blanco, an U.S. upscale 436-unit multifamily apartment Mtional praise. community in San Antonio, Texas. The leading face of the city’s green restaurant scene was re- Haven at Blanco was developed in 2010 and is in proximity to San Antonio’s largest cently featured in The Washington Times for her work with private employer, USAA, and the South Small Companies Borrow Project Green Fork. She founded the nonprofit program in 2008 More But are Still Cautious Texas Medical Center, which is home to 45 medical-related institutions. to contribute to a sustainable Mid-South by helping reduce en- Lending to small businesses rose only Haven at Blanco amenities include a vironmental impacts, with a focus on strengthening homegrown slightly in July, another sign that companies private entrance gate, resort-style swim- are hunkering down because of uncertainty ming pool with cabanas and heated spa, restaurants. about the economy. and both attached and detached garages. She explained the six criteria that PGF-certified restaurants A survey released Tuesday, Sept. 4, by The apartment homes average 1,063 square PayNet, a research firm that tracks loans to feet and offer nine-foot-ceilings with crown must meet to qualify but cautioned, “The last thing I wanted to small business, shows that lending rose 3 molding, walk-in closets and granite coun- do was cause these small restaurants to go broke trying to go percent after falling five out of the previous tertops in select units. six months. The Thomson Reuters/PayNet The acquisition marks an expansion of green.” About 40 restaurants have been certified to date. Small Business Lending Index rose to 103.8 MAA’s footprint in San Antonio. The nonprofit has “diverted” more than 3 million pounds of in July from a revised 100.5 in June. The index was up 15 percent from a year paper, cardboard, glass, plastic and aluminum, and also recycled earlier. But PayNet also said that for the first more than 130,000 gallons of food waste, according to the report. time in two-and-a-half years, businesses are Dixon Hughes Goodman taking longer to pay their bills. Loan pay- Hires McArthur The article also said McNeeley wants to: ments at least 30 days past due rose 0.04 per- 1. Work with the city of Memphis on adding additional cent to 1.2 percent during July. That means Dixon Hughes Goodman has hired Kelly the amount of money that companies hadn’t McArthur as a client accounting services recycling opportunities paid by 30 days after the due date came to associate. 2. Possibly create a citywide compost program $1.20 out of every $100. In that position, she’ll be responsible PayNet’s findings are in line with other for full-charge bookkeeping, financial ac- 3. Sign on more cities in the Memphis area surveys and reports that point to an overall counting and office software training for 4. Ultimately expand into other U.S. cities slowing of business at small companies. The clients. She will also assist with budget Institute for Supply Management said Tues- preparation, grant reporting, indirect “After numerous requests to help other cities with a similar day that the manufacturing industry, which cost proposal preparation and tax return startup program, this year we finalized a Restaurant Sustain- includes many small companies, had its preparation. third straight drop in activity during August. Prior to joining Dixon Hughes Good- ability Toolkit so other communities could easily start their own Small-business owners say they’re bor- man, McArthur worked as vice president program,” she said. rowing less because they’re unsure about of internal audit for a regional financial their sales and the overall economy. services company and as a financial con- sultant to Memphis-based companies in the health care, services and manufactur- ing sectors. Scholarship Endowment Launched for UTHSC Call for an appointment today! Dr. Marie Chisholm-Burns, dean of Symphony Kicks Off 901.685.5008 the College of Pharmacy at the University Classic Accents Series of Tennessee Health Science Center, has A Patient’s View: announced a new endowed scholarship The Memphis Symphony Orchestra “I’ve had a lot of dentists before (I’ve lived in a lot through a $25,000 donation from the Chat- is kicking off its Paul and Linnea Bert of places), and I’ve had dentists whose work is tanooga Area Pharmacists Society. Classic Accents series in September with definitely shoddy. Finding a good service provider is The society is a professional association Beethoven 8, a concert that will feature hard. It’s a lot like finding a good hair stylist/barber; of about 75 pharmacists and pharmacy Beethoven’s Symphony No. 8 and Proko- once you find someone, you stick with them.” technicians from Hamilton and Bradley fiev’s Classical Symphony. I highly recommend Dr. Castle. His work is top notch counties. The concert on Sept. 14 will start at and he is extremely nice; he’s definitely not one of The society is dedicated to strengthen- 7:30 p.m. at Lindenwood Christian Church those uppity, crusty doctor types!” - Paul C. ing the profession by providing quality con- at 2400 Union Ave. Tickets are $39 and $5 tinuing education and helping deserving for students. Memphis Symphony Music William N. Castle, D.D.S. pharmacy students through educational Director Mei-Ann Chen will conduct the general dentistry scholarships. concert, which comes as the symphony’s In August, 35 guests, including mem- 60th anniversary season officially gets 79 n. cooper (in midtown) • memphis, tn 38104 bers of the society and other health care under way. 6 September 7-13, 2012 www.thememphisnews.com

contributors SEPTEMBER 7-13, VOL. 5, NO. 37 news

REAL ESTATE & DEVELOPMENT

President & CEO Peter Schutt bill dries Groups to Elevate Senior Reporter General Manager Emeritus Government, Transportation/Distribution/Logistics, Ed Rains Education, Manufacturing, Agribusiness Business at Seminar 528-5277 | [email protected] Publisher Eric Barnes sarah baker | The Memphis News ing track will offer tips on how to prepare to go global with presentations from the Associate Publisher & Executive Editor Department of Commerce, as well as a James Overstreet panel of business owners already engaged

Managing Editor hree years ago, three national in international commerce. Lance Allan Wiedower women’s organizations began to The luncheon keynote speaker, An- T gather in Memphis with a vision of gelique Rewers, will conclude by discuss- Deputy Managing Editor preparing and excelling women in busi- ing, “Shattering the C-Myth.” Her speech Eric Smith ness. will tackle why the time is now for women andy meek Associate Editor Senior Reporter The third annual “When Great Women entrepreneurs to play bigger, and how that Gather” event will be held Wednesday, also benefits corporate America. Kate Simone Banking/Financial Services/Accountants, Markets & Economy, Economic Development, Small Business, Attorneys/Courts/ Sept. 12, at the Holiday Inn University of Cost is $59 for individual registration Pressman Civil Litigation Memphis, 3700 Central Ave. It is being co- at the door. All of the tabletop exhibits are Cedric Walsh 528-5279 | [email protected] hosted by Commercial Real Estate Women sold, but there are plenty of attendance (CREW), the National Association of tickets still available. Pressman Women Business Owners (NAWBO), and Registration is available online at www. Pete Mitchell the Women Business Enterprise Council wbecsouth.org/gwgt2012. For more infor- Graphic Designer & Photo Editor South (WBEC South). mation, visit www.wbecsouth.org or www. Brad Johnson The event, which lasts from 8 a.m. un- nawbomemphis.org. til 1:30 p.m., will feature several workshops The Daily News supports the Memphis Graphic Designer & Illustrator offered concurrently, exploring secrets and chapter of Commercial Real Estate Women. Emily Morrow strategies to implement in all markets – Graphic Designer from urban to rural to global. SARAH BAKER Yvette Touchet REPORTER Mary Singer, president of CRG Sustain- able Solutions, sits on all three boards, Senior Production Assistant Commercial and Residential Real Estate, Architects/Engi- including as regional director for WBEC Sandy Youngblood neers/Construction, Advertising/PR/Media, Tourism/Hospi- tality, Food/Restaurants South. She said a goal of this year’s Millington Winery Production Assistant 521-2464 | [email protected] program was to reach out to some of the Laurie Beck women in Memphis’ surrounding sphere Hosts Concert of influence, like Crittenden and DeSoto Administrative Specialist counties, with a goal of spurring creativity For Cause Marsha Payne for those who are losing ground. This year’s event will include a learn- Senior Account Executive ing track called, “Doing Business on the Janice Jenkins andy meek | The Memphis News Square: Economic Development in Rural Account Executive Communities.” Facilitated by Pamela Mar- Robin Bender shall, executive director for Memphis Area AISLING MAKI Association of Governments, this panel of t started last year out of a desire to Advertising Director REPORTER professionals will discuss the opportuni- do something positive on the 10th Don Fancher Health Care & Biotech, Nonprofits, Retail, Features ties currently available for new businesses anniversary of the terrorist attacks 528-8622 | [email protected] I Business Development Manager in the rural market; the realistic pros and on Sept. 11, 2001. The result was a con- Patricia McKinney cons of choosing to open a business in cert that raised a few thousand dollars rural vs. urban communities; and offer key for the Wounded Warrior Project. Director of Marketing & Circulation points from existing rural business own- And this year, the Old Millington Donna Waggener ers who are experiencing success in their Winery, owned by Perry and Carrie Controller communities. Welch, is doing it again – presenting an Pam Mallett Meanwhile, NAWBO’s workshop afternoon and early evening concert for “Breaking Out of the Trenches” recognizes a cause. that most women business owners – 91 The winery at 6748 Old Millington percent – find themselves in a transi- Road, which was established in 2000, LANCE MURPHEY PHOTOGRAPHER tional phase after successfully launching will host Winestock 2012 Sunday, Sept. a business. This breakout session – led by 9, from 2 p.m. to 7 p.m. The event, pro- To reach our editorial department, e-mail: Weekly features, spot news [email protected] Natasha Donerson, Shayna Rattler, Deidre duced by “12 String” Tom Gorbea, will [email protected] or call: 901-523-1561 Malone and Tess Lee – will present ways to include more than half a dozen acts, Published by: break through the barriers that keep thriv- and donations will go toward the Navy- THE DAILY NEWS PUBLISHING CO. ing second-stage businesses from becom- Marine Corps Relief Society. 193 Jefferson Avenue Memphis, TN 38103 ing market leaders. A poster for the gathering describes P.O. Box 3663 In addition, CREW’s “Designing Ef- it as the place “where music meets the Memphis, TN 38173-0663 Tel: 901.523.1561 ficient Work Space” module will address wine.” Its sponsors include The Daily Fax: 901.526.5813 challenges associated with a modern News, Navy Liquors and the Keg and www.memphisdailynews.com The Daily News is supportive, including in some case being on the boards of, the following office, including the need to be flexible in USA Properties. The Daily News is a general interest organizations: Literacy Mid-South, Grace St. newspaper covering business, law, Luke's Episcopal School, Wolf River Conservancy, order to evolve through an unknown fu- Last year’s “Winestock 2011” was government, and real estate and Ronald McDonald House, Great Outdoors ture. Heather Averwater, interior designer a concert for wounded warriors that development throughout the Memphis University, Tennessee Wildlife Federation, metropolitan area. Temple Israel, St. Jude's, St George's Independent with brg3s architects, will provide creative honored all heroes, including military, The Daily News, the successor of the Schools, Shelby Residential & Vocational ideas on how to design workspaces. police, firefighters and EMTs. For this Daily Record, The Daily Court Reporter, Svcs, Shelby Farms Park, Calvary & The Arts, For women entrepreneurs leasing of- year’s cause, funds are being raised for a and The Daily Court News, was founded Bridges, Boys & Girls Club of Greater Memphis, in 1886. Binghampton Development Corporation, U of fice space, Jill Schmitt will give perspective similar purpose. AUDIT PENDING M Journalism Dept., Chickasaw Council Boy Scouts, Memphis Leadership Foundation, Junior for tenants on how to negotiate for design The winery noted on its Facebook Achievement, Overton Park Conservancy, in a lease and how to maximize work areas page that the crowd at Winestock 2011 The Cotton Museum and WKNO. while minimizing dollars. was one of the biggest crowds it’s ever Also, WBEC South’s Global Good Morn- had. www.thememphisnews.com September 7-13, 2012 7

news rEAL ESTATE & DEVELOPMENT Flinn Rekindles Red-Light District Main Connector Discussion

South Main district to get boost from Harahan Bridge project BILL DRIES | The Memphis News

emphis City Council member Shea Flinn acknowledges strip clubs aren’t M a normal topic for civic discussion at forums like the Memphis Rotary Club. But there he was Tuesday, Aug. 28, at the Uni- versity Club before a lunch-hour group of about 100 to talk about his proposal for a committee to study the idea of a “red-light district.” The district would isolate strip clubs from neighborhoods and other types of businesses. Flinn’s idea at this point is to allow strip clubs that locate within such a district to be able to serve beer, something they cannot do now under the new countywide ordinance that began being enforced in January. “It does not get these clubs out of the neigh- borhoods,” Flinn said of the ordinance. “It modi- fies their behavior somewhat.” The Rotarians sought out Flinn to speak on his proposal before Flinn agreed to delay any council action on the measure until June 2013. Nevertheless, Flinn said the debate to come and the one he started earlier this year before the delay are an “important conversation for our Memphis News File Photo: Lance Murphey community.” A trolley traverses the South Main Historic Arts District. The neighborhood is growing, but more changes “You have a very small, very vocal minor- such as infrastructure improvements will help it thrive. ity that hate these clubs, hate their practices, don’t want anyone to go into them at anytime sarah baker | The Memphis News after shop and people just kind of flow, think that it’s just about the Hara- and just want them gone from this earth,” Flinn they just start walking and keep walk- han Bridge and think, ‘I can’t believe said. “And then you have a small but very silent ing all the way to the train station and they’re spending $30 million on a minority that love these clubs and go to them beyond.” bridge.’ The bridge was our teaser to every weekend.” he attention Downtown Grawemeyer calls himself a pur- get the federal money to fix up Main In between is a middle ground that Flinn Memphis’ South Main Historic ist taught by South Main king, Rob Street because that’s where the bulk of said reflects the reality that the clubs have a right TArts District and its surround- McGowan. While the area needs some the money will be spent.” to exist but that the clubs also create very real ing areas has received this year has tender loving care, he said it’s crucial The rundown of the total $30 mil- problems where they exist. far-reaching implications for future to preserve the original charm of the lion are as follows: about $9 million “The majority of people just don’t want them development. 1920s and 1930s. for the Harahan Bridge, $1 million in in their neighborhoods. They just don’t want Recent high-profile deals the com- “We need to keep South Main the Arkansas, with the balance spent in to drive their kids to schools and have to drive munity has seen get the green light historic property and the architecture Downtown Memphis on Main Street past them,” he said. “They don’t want to have include the Chisca Hotel redevelop- that it already is, it needs to stay that and connecting Main Street to the to explain to their kids why the neon lady isn’t ment, Storefront Improvement Grant way,” Grawemeyer said. “We’re getting bridge. wearing a shirt.” Program, branding efforts with North younger people coming down here “Fixing up existing infrastructure is Flinn also said few want to publicly acknowl- Star Destination Strategies, growth at and we need to flex a little bit and not exciting, but it’s necessary,” Morris edge the appeal of the clubs to out-of-town visi- The Orpheum Theatre Memphis and welcome them with open arms.” said. “When private investors and de- tors who wouldn’t go to them where they live but Memphis Central Station, a flurry of One boost in that preservation and velopers are putting their own capital look for them when they travel to conventions. apartment and loft rehabs, and retail population push was a recent win by to build up businesses, they need the “It’s good for tourism. … These clubs – con- activity with a new athletic club and the city when it secured federal funds public infrastructure to be in place ventions look for them,” he said. restaurants. for the Main Street to Main Street and to be repaired.” The council has explored the idea of a red- But to Mark Grawemeyer, who Connector Project, the region’s most The three-mile reinvestment proj- light district, or what Boston has called a “com- moved to the area in the 1980s along ambitious bicycle and pedestrian ect along the Downtown trolley cor- bat zone” several times in recent years. with his wife, Cynthia, there are still project to date. ridor will involve streetscape, utility, Several years ago, Flinn suggested Presidents strides to be made. The South Main The $30 million project will im- lighting, sidewalk, roadway, curb and Island as a possible location for such a district. developer has seen the district transi- prove alternative transportation in the gutters, and drainage improvements. The industrial businesses there were solidly tion from a deserted neighborhood Memphis area and connect Tennes- The project puts Memphis on a dead- against the idea and then Flinn said opposition to a steady growth cycle to what he see to Arkansas through a converted line to “fix up all of Main Street, from from the federal Department of Homeland Secu- describes as a “big rush” before “the roadway bridge with a new multiuse Uptown, through the core, through rity buried the idea even deeper. bubble burst and it sort of started trail. Spanning 10 miles, the project South Main, connecting it to the Before that, another discussion withered slacking off.” bolsters and connects the main streets Harahan Bridge and then onto West quickly when council members began discuss- “The problem that I see with South of each downtown using the Harahan Memphis and their main street, which ing whose district would be home to the area. Main is you need more continuity, you Bridge as a refurbished centerpiece, is called Broadway,” Morris said. After passage of the countywide ordinance, need more infill in these buildings,” said Paul Morris, president of the The Downtown Memphis Com- the council considered passing its own ordi- Grawemeyer said at a recent South Downtown Memphis Commission. mission is in the midst of negotiating nance to apply within Memphis, where all of the Main Association meeting. “We really “The connections of this project with the federal government on the existing strip clubs are, that would have permit- need to push to get more of these are what won us this grant and that’s term sheet that will dictate the exact ted beer to be sold. The measure never got very empty spaces filled. Sort of like in New what the feds were really excited budget and schedule, but the entire far despite being pushed by Willie Herenton’s Orleans, where there’s shop after shop about,” Morris said. “A lot of people project should be complete by 2015. administration. 8 September 7-13, 2012 www.thememphisnews.com

Verso Calls Off Merger FINANCIAL SERVICES Talks With NewPage FirstBank Looks BILL DIRES | The Memphis News To Grow Presence

emphis-based Verso Paper Corp. has called off ANDY MEEK | The Memphis News talks with NewPage Corp. and its creditors about Macquiring or merging with NewPage. Verso announced the end of the discussions Sept. 5. “After careful analysis, we believe it is in the best Lexington, Tenn.-based bank adding talent to ranks interests of our company and its stakeholders to focus on the many other opportunities for Verso, including internal growth projects and other potential strategic alternatives,” he third-largest bank ment Co. retail banking officer for Green- said President and CEO David Paterson in a statement. based in Tennessee is on “And we’re looking to contin- ville, S.C.-based South Financial Verso produces coated papers and specialty products T the move. ue to add to our ranks in Mem- Group. used in media and for marketing. That includes commer- Lexington-based FirstBank phis,” Holmes said. “We do quite Meanwhile, FirstBank, the cial printing uses as well as brochures and annual reports has been adding new talent to a bit of small business and com- asset size of which puts it among and direct mail pieces as well as magazines and catalogs. its ranks around the state, and mercial banking there. We also do the top U.S. banks, is playing very Verso executives announced in July that the company it’s looking to do the same in some retail. We’re looking to add much a statewide game. had begun talks with holders of NewPage first lien senior Memphis. to our ranks with folks who can The bank has almost 50 loca- secured notes. NewPage is in chapter 11 bankruptcy reor- FirstBank, a $2.2 billion bank help us grow that business.” tions across the state. It serves ev- ganization. with about 640 employees, also Holmes is no stranger to ery major metropolitan market in The initial Verso offer included $150 million of Verso has a new president and made Memphis. The veteran banker Tennessee and has the resources common stock and $200 million in cash. As part of the at least one recent addition to its graduated from the University of to provide a comprehensive transaction, Verso was also considering a $200 million cash ranks in Memphis. And FirstBank Memphis and went on to spend range of financial services and equity investment. president Chris Holmes, who much of his career here, includ- products. Verso executives were drawn to what they believed were moved into that position a few ing with Ernst & Young and later “We’re coming off a time material cost savings from the acquisition. But even as they months ago, anticipates more of National Bank of Commerce. when banks have been play- acknowledged discussions were under way, Verso execu- that here. Many of his closest friends re- ing more defense than offense,” tives said in July they were “disappointed with the lack of “In Memphis, we have grown main here, and his wife was born Holmes said. “We had to play progress in advancing its discussions” with the notehold- our people somewhat,” he said. and raised here. some defense back in 2009 and ers, according to the written statement announcing the That’s a reference to the Tapping Holmes to be the 2010. But 2011 was a very suc- discussions. recent hire of Thomas “Lynn” bank’s new president is the cul- cessful year, where we actually NewPage is based in Miamisburg, Ohio, and with paper Ackermann, financial manager mination of a two-year transition had our second best year ever, mills in six states makes printing and specialty papers for and vice president of FirstBank’s plan for FirstBank. Holmes was in terms of profitability. And we the same North American market served by Verso. Memphis branch at 6482 Poplar named chief banking officer and think this year may be our best A group of NewPage second lien noteholders presented Ave. Prior to joining FirstBank, joined the FirstBank board of year ever. That puts us in a posi- the Verso offer, which was unsolicited. Ackermann was with Bank of directors as part of the expansion tion to be playing offense while As Verso announced in July it was involved in discus- Bartlett, where he was a branch of the bank’s management team some others are still playing sions, NewPage executives said in a written statement that manager, and he’s also been a in 2010. defense. the merger had “significant downside risks.” vice president at Financial Man- Prior to joining FirstBank, “We’ve been undergoing an NewPage executives filed a reorganization plan in U.S. agement Services and an opera- Holmes was director of corpo- expansion in terms of our people Bankruptcy Court in Delaware on Aug. 14. tions director at Libra Manage- rate financial services and chief and branch locations.”

Senate 2013: Less Visible, More Important

The 2012 presidential election sional leaders cannot agree on spending in 2013. Conceding the Senate to the White House and Republican Congress. has two widely contrasting visions, larger and tax reforms to avoid the “Fiscal Cliff.” Republicans leaves us with two possible Now we can pair governance combina- than life personalities, and plenty of high As we approach 2013, investors would governance structures. tions back to 1900 with annualized returns praise and low blows. Over the next three prefer a more productive legislative Intrade places a 56 percent probability (see below). months, the contest for the Oval Office environment to avoid the current auto- will dominate American mated recession. For a fully discourse. However, while functional Congress, we need Dow Jones the big game for the one-party rule. Industrial Average country may be the presi- The House of Representa- Annualized Percent Of dential race, the big game tives today consists of 241 Political Regime Performance Occurrence for the markets will likely Republicans and 194 Demo- be the Senate race. crats, giving Republicans con- Democratic President/Republican Congress 9.6% 9.0% There are six possible trol. Forecasting site Intrade Democratic President/Split Congress 9.2% 1.2% governance structures in David S. Waddell places a 90 percent probabil- the worldly Republican President/Republican Congress 7.0% 23.4% Washington. Presidents investor ity on continued Republican can be Republicans or control in 2013. Conceding Republican President/Split Congress -4.0% 10.8% Democrats and Congress can be con- the House to the Republicans leaves us Democratic President/Democratic Congress 7.3% 35.8% trolled by either party or controlled by no with four possible governance structures. Republican President/Democratic Congress 2.2% 19.8% one (like today). While the president may The United States Senate today request the laws, Congress creates the consists of 53 Democrats and 47 Repub- laws. Typically, party gridlock appeals to licans, giving Democrats control of the on an Obama victory, although national Those who prefer Romney and invest- investors as a tougher legislative environ- Senate. Thirty-three Senate seats are up polls have Obama only ahead by a slight ment returns should pray for a Republican ment means less spending, fewer regula- for re-election. Of those 33, 23 belong margin. sweep in November. Those who prefer tions, and more tax policy consistency. But to Democrats and 10 belong to Republi- Either way, if the World Wide Web wiz- Obama and investment returns should after years of major fiscal can kicking, the cans. Forecasting site Intrade places a 54 ards are correct, we are down to one pos- hold their noses and vote Republican for country faces certain recession if congres- percent probability on Republican control sible governance structure: Democratic Congress. www.thememphisnews.com September 7-13, 2012 9 Money&Markets Extra

Prices are stable now for many manufacturing capacity, and there’s still classes in terms what’s driving the haven’t made any big moves there, but consumer goods, but inflation remains room for economic growth. But central returns. Class B and residential have are definitely looking at that, along with Keeping risk a long-term concern. Maddi Dessner banks around the world have done better than in the past, but not interest rate volatility and inflation keeps a close eye on inflation risks at significantly increased their balance anywhere near as well as Class A expectations. JPMorgan Diversified Real Return. sheets. We could eventually see recently. Insider Many of its investors are in or near inflation rise as that stimulus works its As economic growth starts to pick Are you paying close attention to in check Q&A retirement, so the fund takes a way through the system and growth up, real estate is a nice place to be. whether the Federal Reserve will conservative approach. It invests in a picks up. You’ll start to see property values rise. approve further economic stimulus Title: Co-manager of the JPMorgan Diversified variety of assets, including New office space was underdeveloped measures? Real Return fund (JRNAX) inflation-protected bonds, commodities Your fund bought real estate for much of the past decade as Anything that central banks do or say and stocks of natural resources investment trusts earlier this year, residential real estate was booming. will affect inflation expectations. If What she suggests: Investors in or near companies. The goal is to deliver and they have performed well. Do That area is certainly attractive, people expect more stimulus, they retirement should ensure modestly positive returns, whether you still see room for growth from although it’s still a moderate weight in could expect more inflation as well. But that they’re sufficiently inflation rises or not. REITs? our portfolio. this fund is intended to be a longer-term diversified to protect Yes. But if you look within real estate, strategy, so we’re not going to shift the against inflation as well as a potential sharp Do you see rising inflation as short- there’s a big difference between Any other areas that you’re looking portfolio based on something that Ben decline in the stock or long-term threat? residential properties, high-end Class A to invest in? Bernanke says tomorrow or the next market. There really isn’t any inflation in the commercial properties in prime Agricultural commodities. We’re trying day. But it will inform the process. Maddi Dessner broad economy. Unemployment is still locations, and Class B properties. to determine whether they might too high, we’re not at maximum Those are almost three different asset mitigate the effects of inflation. We Answers edited for content and clarity. AP

BEHIND THE BRAND VERISIGN (VRSN) Internet IPO pops & flops Domain Facebook isn’t the only Internet-related IPO to flop so playing fewer Zynga games on Facebook. Groupon far. A parade of buzzworthy companies have debuted has had the steepest decline of 80 percent as financial in the last two years, and most are trading below their analysts continue to question the soundness of its daily initial public offering price. Investors are wary that deals business model. dominance earnings growth won’t measure up to the hype. Some successes exist. Analysts at Jefferies envision Facebook investors are concerned about its ability that the professional networking website, LinkedIn to keep increasing revenue and make money from its (LNKD), will see its revenue rise from a projected $522 growing mobile audience. And that same audience is million this year to $1.8 billion in 2014.

FIRST DAY IPO FIRST-DAY THURSDAY’S PERCENT CHANGE Staking a claim on a piece of meant to disrupt access to OF TRADING PRICE CLOSE CLOSE SINCE IPO the Internet’s virtual real estate websites. means going through its key And as the number of new 165% online professonal network May 19, 2011 $45 $95.25 $119.10 gatekeeper: VeriSign. Internet portals has grown, so have The company manages traffic to VeriSign’s fortunes. websites and collects fees from the Halfway through 2012, the June 15, 2011 16 17.42 12.57 -21 Internet radio registration of Internet domains, or company’s earnings were up more Web addresses. It also provides than fourfold to $136.5 million, services to stop online attacks aided by a sharp drop in interest Nov. 4, 2011 20 26.11 4.22 -80 expense, while revenue grew 13 percent to $419.9 million. online deals Thursday’s close: $49.01 As of June 30, VeriSign’s registry Price-earnings ratio: 32 services had 118.5 million active (based on last 12 mos.) Nov. 17, 2011 13 16.26 9.50 -27 domain names ending in dot-com consumer reviews 52-week price range and dot-net, a gain of nearly 8 $27 $49 percent from a year earlier. VeriSign is in position to continue Dec. 16, 2011 10 9.50 2.94 -71 1-yr. stock change: 52.9% expanding its registry services over online games 1-yr. S&P 500 change: 22.9% the next few years. The company’s contract to serve as the operator for Market value: $7.66 billion the dot-com registry was recently March 2, 2012 15 24.58 25.55 70 2011 revenue: $772.0 million renewed through 2018. online reviews That bodes well for its Avg. broker rating: shareholders, who have enjoyed a SELL HOLD BUY May 18, 2012 38 38.23 18.96 -50 good run by VeriSign’s shares, social network which are up 35 percent this year.

Source: FactSet Stan Choe; J.Paschke • AP Source: FactSet Data through Sept. 6 Alex Veiga, Jenni Sohn • AP

LocalStocks 52-WK RANGE CLOSE YTD% 1YR% 52-WK RANGE CLOSE YTD% 1YR% COMPANY TICKER LO HI CLOSE THUR. %CHG WK MO QTR CHG RTN P/E DIV COMPANY TICKER LO HI THUR. CHG %CHG WK MO QTR CHG RTN P/E DIV AT&T Inc T 27.29 0 38.28 37.44 +.51 +1.4 s s s +23.8 +37.9 50 1.76 Medtronic Inc MDT 31.06 0 41.79 41.58 +.73 +1.8 s s s +8.7 +22.3 12 1.04 s s s AutoZone Inc AZO 304.95 7 399.10 368.72 +5.65 +1.6 +13.5 +16.8 17 ... Merck & Co MRK 30.54 0 45.17 44.24 +.80 +1.8 s t s +17.3 +39.3 20 1.68 0 s s s BancorpSouth BXS 8.23 15.29 15.25 +.36 +2.4 +38.4 +47.7 20 0.04 Mid Amer Apartments MAA 55.10 9 70.51 67.89 ...... t s t +8.5 +3.4 35 2.64 Boyd Gaming BYD 4.12 4 9.75 6.04 +.17 +2.9 s s t -19.0 +4.3 43 ... Monsanto Co MON 58.89 0 89.73 89.44 +1.89 +2.2 s s s +27.6 +34.9 22 1.50f Buckeye Technology BKI 23.21 5 38.50 30.76 +.56 +1.9 s s s -8.0 +21.1 15 0.32 Mueller Inds MLI 35.51 7 49.86 45.21 +1.18 +2.7 s s s +17.7 +1.7 23 0.40 Community Hlth Sys CYH 14.61 0 28.79 28.17 +.93 +3.4 s s s +61.4 +47.7 10 ... 2 s t t Corrections Corp CXW 20.14 0 34.50 34.50 +.44 +1.3 s s s +69.4 +52.8 23 0.80 Navistar Intl NAV 19.79 48.18 23.97 +3.56 +17.4 -36.7 -48.4 dd ... s s s Cummins Inc CMI 79.53 4 129.51 98.43 +3.10 +3.3 s t s +11.8 +11.8 10 2.00f Nike Inc B NKE 80.20 6 114.81 99.46 +2.11 +2.2 +3.2 +17.6 21 1.44 Delta Air Lines DAL 6.64 5 12.25 9.20 +.32 +3.6 s s t +13.7 +22.1 5 ... Pinnacle Entert PNK 8.06 8 12.67 11.45 +.27 +2.4 s s s +12.7 -8.5 14 ... s s s Dillards Inc DDS 40.01 0 76.48 76.72 +1.84 +2.5 +70.9 +71.1 8 0.20 Regions Fncl RF 2.82 0 7.24 7.22 +.23 +3.3 s s s +67.9 +70.2 17 0.04 6 t s s Dover Corp DOV 43.64 67.20 57.70 +.74 +1.3 -0.6 +5.9 12 1.40f Renasant Corp RNST 11.80 0 18.91 19.44 +.58 +3.1 s s s +29.6 +59.3 20 0.68 DuPont DD 37.10 7 57.50 49.85 +1.07 +2.2 s t t +8.9 +7.9 13 1.72 Smith & Nephew PLC SNN 42.62 0 53.61 54.13 +.91 +1.7 s s s +12.4 +7.5 77 0.87e Education Realty Tr EDR 8.04 0 11.81 11.56 +.01 +0.1 r s s +13.0 +34.5 dd 0.40f Smucker, JM SJM 69.19 0 86.39 86.62 +.63 +0.7 s s s +10.8 +23.4 21 2.08f FedEx Corp FDX 64.07 8 97.19 87.54 +1.88 +2.2 s t t +4.8 +15.3 14 0.56 0 s s s Fst Horizon Natl FHN 5.38 8 10.99 9.32 +.30 +3.3 s s s +16.5 +43.6 dd 0.04 Suntrust Bks STI 15.79 25.76 26.68 +1.23 +4.8 +50.7 +40.8 16 0.20 s s s Freds Inc FRED 10.27 7 15.98 13.86 +.30 +2.2 s t t -4.9 +26.1 15 0.24 Synovus Fincl SNV 0.94 0 2.22 2.37 +.17 +7.7 +68.1 +67.2 dd 0.04 GTx Inc GTXI 2.34 4 6.55 3.76 +.20 +5.6 s s s +11.9 +6.3 dd ... Sysco Corp SYY 25.09 0 31.18 30.62 +.46 +1.5 s s s +4.4 +15.0 16 1.08 s s t Ingram Micro IM 14.42 3 19.80 15.84 +.60 +3.9 -12.9 -12.0 9 ... Trustmark TRMK 17.06 9 26.35 24.59 +.47 +1.9 s s s +1.2 +28.9 14 0.92 0 s s s Intl Paper IP 21.55 36.50 35.55 +1.37 +4.0 +20.1 +38.2 13 1.05 Tyson Foods TSN 14.07 3 21.06 15.75 +.18 +1.2 s t t -23.7 -8.0 12 0.16 Isle Capri Casino ISLE 3.90 7 7.48 6.25 -.01 -0.2 t t s +33.8 -0.2 dd ... UPS class B UPS 61.12 6 81.79 71.94 ...... t t t -1.7 +13.0 18 2.28 Kellogg Co K 46.33 5 55.30 50.40 +.21 +0.4 t t s -0.3 -3.2 15 1.76f Utd Technologies UTX 66.87 7 87.50 79.40 +1.37 +1.8 t s s +8.6 +12.6 14 2.14f Kirklands Inc KIRK 8.47 2 17.42 9.70 -.10 -1.0 r t t -27.1 +10.0 12 ... 0 s s s Kroger Co KR 20.98 6 24.83 23.10 +.54 +2.4 s s t -4.6 -0.3 22 0.46 Valero Energy VLO 16.40 31.52 31.42 +.20 +0.6 +49.3 +45.1 8 0.70f t s s LifePoint Hosp LPNT 32.61 0 42.19 41.90 +.80 +1.9 s s s +12.8 +20.2 13 ... Verso Paper Corp VRS 0.85 4 3.36 1.72 -.01 -0.6 +79.2 -7.5 57 ... Macy’s Inc M 24.20 9 42.17 40.35 +.48 +1.2 s s s +25.4 +59.6 13 0.80 Wright Medical Grp WMGI 13.57 9 22.50 21.27 +.29 +1.4 s s t +28.9 +43.8 57 ...

Dividend Footnotes: a - Extra dividends were paid, but are not included. b - Annual rate plus stock. c - Liquidating dividend. e - Amount declared or paid in last 12 months. f - Current annual rate, which was increased by most recent dividend announcement. i - Sum of dividends paid after stock split, no regular rate. j - Sum of dividends paid this year. Most recent dividend was omitted or deferred. k - Declared or paid this year, a cumulative issue with dividends in arrears. m - Current annual rate, which was decreased by most recent dividend announcement. p - Initial dividend, annual rate not known, yield not shown. r - Declared or paid in preceding 12 months plus stock dividend. t - Paid in stock, approximate cash value on ex-distribution date. PE Footnotes: q - Stock is a closed-end fund - no P/E ratio shown. cc - P/E exceeds 99. dd - Loss in last 12 months. 10 September 7-13, 2012 www.thememphisnews.com

Smart Investing REAL ESTATE & DEVELOPMENT Made Hard

Ray’s Take As if the complexities of stocks, bonds, and other investment options weren’t challenging enough, our own bodies can push us into poor financial deci- sions. The study of neuroeconomics – a discipline that encompasses economics, biology, and psychol- ogy – has determined that our brains simply aren’t hard-wired to make rational decisions involving risk. And, investing is all about risk management in one form or another. For ex- ample, studies ray & dana Brandon show that in- rays of wisdom vesting in for- eign markets excites the fear center of the brain simply because “foreign” feels less familiar. This is in spite of the fact that foreign stocks are less correlated with domes- tic stocks and actually reduce overall risk. On the flip side of the coin, people feel the least fear when investing in the company where they work. Neither Photo: Lance Murphey investment decision is based on rational thought Thomas Woodley, from left, Lauren Pasley, Julia Clapper and Heather Jamerson hang out at Bayou Bar & Grill, or dispassionate analysis, yet it’s often feelings which is one of several businesses still operating at Overton Square. like these that shape portfolios. Even though your rational brain may be telling you it’s not a good idea to invest a lot of money where you work – too many eggs in one basket – your gut feelings are pushing you to do just that. Then there is “irrational exuberance,” a phrase coined by Alan Greenspan to describe the dotcom ‘More the Merrier’ bubble. When you make a stock purchase or other investment that surges in value – whether by luck or Existing businesses welcome new tenants to Overton Square skill – you get a rush of adrenalin that increases your confidence and pushes you to take even greater risks. There were plenty of times in humanity’s his- tory when that extra boost of confidence was useful SARAH BAKER | The Memphis News people, and that’s fun to me.” there,” Jordan said. “It hadn’t really for survival, but not when it comes to making invest- Studies indicate that some affected us yet. It may if we decide ment decisions. 100,000 people attend Overton to start staying open later, which There’s even evidence that certain genes work Square each year thanks to its we might do that as time goes on. against us: People with longer serotonin transporter ollowing a shaky last few three live-performance theaters, a People might want to come out and genes tend to be more impulsive than individuals years for Overton Square, the multi-screen movie theater and sur- go have dinner somewhere at one of with shorter ones. Farea has finally seen tangible rounding retail. Loeb projects that the restaurants and before a show The goal with investing is not to experience a evidence of change in recent weeks number to increase to some 239,000 starts, walk around. We’d like to be rush thanks to a strong-performing investment, nor and the area’s long-term tenants annual local and guest visitors alike there to say, ‘Come on in.’” is it to feel all safe with familiar investments that appear to be waiting in anticipation as part of its redeveloped arts and It was four years ago that Bayou don’t arouse fear. The goal of investing is for your of the new neighbors. entertainment district that includes Bar & Grill and Le Chardonnay money to earn money at a reasonable return while The city has broken ground on the relocation of Hattiloo Theatre to tweaked their respective setups by reducing risk through diversification. its Monroe Avenue and Florence Cooper. moving across Madison from the However, when the very things that make you Street parking garage as part of its Prepared for that uptick in traffic Palm Court building, where both human work against wise investment decisions, partnership with Loeb Properties is Bari Ristorante e Enoteca, which restaurants started in the 1980s. what can you do? Ask your financial adviser. Inc. to revitalize the Square. Local is already on the minds of the local Partner Bill Baker, who owns both Gastropub is nearing build-out arts community, said co-owner restaurants, said the Square’s rede- Dana’s Take completion at Madison Avenue and Jason Severs. velopment will boost business per- “We’ve always gotten people ception, just as his restaurants were Emotions like anxiety and depression can drive Cooper Street and is scheduled to open by October. And bordering the that have come before theater able to do when street presence and “retail therapy.” Ironically, some people spend Square, Chiwawa Restaurant and events, whether it’s Playhouse or square footage were increased. money when feeling stressed about excess debt – a Five Guys Burgers and Fries have Circuit or going Downtown to The “We’ve definitely seen (the area) vicious cycle. The Internet and smartphones make kicked off construction. Orpheum,” said Severs, who opened change, but it’s always been there it even easier to soothe uncomfortable feelings with There are also changes oc- the restaurant 10 years ago at 22 S. and there’s always been some core instant purchases. By the time the merchandise ar- curring that aren’t as physical. Cooper St. with his wife, Rebecca. restaurants here,” Baker said. “With rives, the mood has passed but the balance remains Bar Louie inked a new deal at the “We’re busy all of the time anyway, Loeb taking over and all of the new on your credit card. curved building and Memphis Pizza so I guess we’ll just get busier.” things coming in, we think it’s just Any behavior we pursue in order to avoid feel- Café renewed its lease a few blocks Also preparing to possibly ramp great for everybody to have so much ings can lead to addiction. Is spending causing you west. And all the while, the area’s up operations is Maggie’s Pharm, more interest and exposure and problems? Have you tried to stop but can’t? bustling activity is accompanied by which has sold farm-fresh herbs, excitement in Overton Square. We’re The first step toward recovery is to admit that the welcoming attitude of existing handcrafted candles and soaps in just kind of waiting for it to happen you have a problem. Talk to the people you’re hurt- businesses. Overton Square for 32 years. So far, now.” ing with your spending and seek help. “I am fired up,” said Kelly Eng- the parking garage construction Debra Cohen, owner of Dabbles Before emotional spending costs you the people lish, chef-owner of Restaurant Iris, hasn’t affected business for the shop Hair Co. at 19 N. Cooper St. since you care about the most, ask for help. which opened at 2146 Monroe in at 13 Florence St., which closes by 1988, agrees. Ray Brandon is a certified financial planner 2008. “I think that little part of town 5:30 p.m., said Sue Jordan, manager “I don’t know that they’re going and CEO of Brandon Financial Planning (www. is a special place and I’m excited to of Maggie’s Pharm. to come in and get a haircut and brandonplanning.com). His wife, Dana, is a licensed be a part of it. As a business owner, “At night, it seems to fill up then go see a play necessarily, but clinical social worker. obviously, the more people, the pretty quickly since the parking is just the visibility and getting people merrier. That’s going to give me kind of a standstill right now since around is what it’s all about,” Cohen more opportunity to cook for more they’re doing all of the digging over said. www.thememphisnews.com September 7-13, 2012 11

LAW & THE COURTs Forensic Center Case Divorce Guide Hits Study of Slow Process Silver Anniversary BILL DRIES | The Memphis News hen Shelby County Mayor Mark Luttrell cut the ribbon on the new West Tennes- ANDY MEEK | The Memphis News Wsee Regional Forensic Center recently he motioned for Memphis Mayor A C Wharton Jr. to join him. Wharton had been standing to the side to watch the opening of a Shelby County government his year marks the silver anni- the University of Memphis Cecil C. facility that took years and several mayors to get versary of Memphis attorney Humphreys School of Law. built. The effort began when Wharton was Shelby TLarry Rice literally writing the “I started working here when I County mayor and he hired Dr. Karen Chancellor as book on divorce law. His hefty – as was in the seventh grade,” recalled the county’s new medical examiner. He promised in, 900 pages long – book on the Nick Rice, one of nine attorneys at Chancellor then a state-of-the-art forensic center. subject, “The Complete Guide to Di- When people are going the firm. “Dad always worked on And it was Chancellor who wielded the oversize vorce Practice,” first was published Sundays, so when I was little he scissors to cut the red ribbon eight years later on a 25 years ago. And it seeks to convey through a divorce, it’s would bring me down with him. He’d project Luttrell touted as the first in West Tennessee exactly what the title suggests. one of the lowest points teach me how to do legal research “designed specifically for forensic science.” The book includes, for example, they’re ever going to and how to pull case law. He’d yell The project is far from the first whose dura- forms and procedural recommenda- have. It’s definitely one out what he needed from the library, tion has spanned several administrations. But it tions that are used across the nation. of the most confusing. and I’d go run and grab it and bring is a reminder of just how long it takes the wheels Available through the American Bar “ it back. of government to move and the danger to project Association, the book began taking Their life is up in the air.” “Memphis is so competitive in funding as those who have to approve the projects shape as a result of trial and error, – Nick Rice all the different fields of law that change with political cycles. with Rice – a senior partner at Rice, Attorney you really need to concentrate on a For all of Wharton’s effort, Luttrell had his Amundsen & Caperton PLLC – writ- particular field. When people are go- share of work to get the project to the finish line. ing down things that worked in his ing through a divorce, it’s one of the The opening comes two years after he took office practice and keeping them filed. or attended a conference where the lowest points they’re ever going to as Wharton’s successor. And while the new center As his information file took book was used. Lawyers are not shy have. It’s definitely one of the most comes with no increase in staff for the office, that shape, so did his idea to document about their feedback.” confusing. Their life is up in the air.” could be an item for future budget years. his system in the form of a book. Apart from the extra eyes, Rice Which is why his father’s firm Health services including the medical exam- It started out at about 100 pages, can draw on his own experiences, of wants to be a steady presence and iner’s office have traditionally been a function of which he expanded in subsequent course. His firm, it should be noted, ready resource, thanks to outlets that county government. With the city cutting all of its editions to get to its current length. has an almost 40-year edge on the include the book as well as the elder funding to the Shelby County Health Department The updates were necessary, book. Rice’s frequent lectures around the in 2009, Luttrell now has the sole local funding because Rice said there is no area of His father, George Lawrence Rice country. responsibility as well as day-to-day jurisdiction. the law that has grown in complexity II, started it in 1951. The younger “As a little kid, I wanted to go into For Wharton, the forensic center effort began and sophistication to the degree that Rice worked at the firm during his law, but I kind of wasn’t sure until I with the dismissal of Dr. O.C. Smith as the county’s family and divorce law has. high school years, and his son Nick, tried my first case,” Larry Rice said. medical examiner after he was charged in 2004 “We update our system as we go the third generation of the firm, “And when I tried my first case, it with staging an attack on himself in which a bomb along to keep it current,” he said. likewise started working there in his was love at first blush. I have never was strapped to his neck and he was wrapped in “We also have the benefit of tens of youth. found anything professionally that barbed wire. The federal trial ended with a hung thousands of sets of legal eyes, our Nick Rice joined the practice is as completely absorbing a feeling jury. But by then, Wharton had already appointed unofficial editors. These are the peo- in 2000 as a law clerk and then as a as trying a good case. I just loved it. I Chancellor and committed the county to a new ple who have purchased the book lawyer in 2003 after graduating from really did.” center.

Vision, Mission and Fundraising ­— Part 2

This is the second in a two-part series. projections informs Take the time to en- change their giving priorities – these are fundraising. These sure board members un- situations beyond anyone’s control. But, In part one of this series we can help ensure the derstand the implications with proper planning, they do not need discussed the role that the vision, mis- organization is engaged of the financial state- to jeopardize your organization’s finan- sion and strategic plan play in the life of in proactive fundraising ments they are asked to cial health. Consistent monitoring and a nonprofit’s fundraising. These are the instead of “emergency review. Encourage open assessment of finances contributes to starting point. For example, when you fundraising.” discussion and questions organizational stability and growth. begin discussing how much money your Here are a few MEL & Pearl shaw regarding the organiza- Your organization’s vision, mission, organization needs to raise you should questions, which can FUNdraising tion’s finances. Discuss strategic plan and financial position will refer to your strategic plan to map out help define what we the variables that could impact fundraising success. Take the time what you are seeking to achieve over the mean by the term financial position. Is impact your organization’s financial posi- to discuss and review these and to ensure coming years. From there you can begin your organization operating in the black? tion, for better or for worse. Ensure that there is full understanding and agreement to map out costs and fundraising goals. Does it run a deficit? Are there upcoming, plans are put in place to address these amongst your organization’s leadership. Here’s some more detail, some things required, but unfunded capital improve- possibilities should they arise. Review the This is your starting point for fundraising. to consider. When the leadership of your ments or expenditures? Are programs be- size of the reserve fund and what ex- Special events, online giving and major organization fully understands your vision ing cut (despite increasing need) because penses it could cover. If your organization donor appeals are strategies that will be and mission they are in a strong position of decreased funding? Does your organi- doesn’t have a reserve fund, put plans in impacted by your foundation – or lack of to evaluate – and as necessary modify zation have a pipeline of potential donors place to create and grow one. A reserve one. Take your time; be prepared. – the strategic plan. Understanding the and funders who could be solicited fund provides options for addressing Mel and Pearl Shaw are the owners of strategic plan allows your leadership to should projected donations or revenue an unanticipated increase in demand or Saad & Shaw. They help nonprofit organi- make informed financial projections that decrease? Are there multiple revenue services, or a decrease in revenue. zations and institutions rethink revenue impact programs and operations. An un- streams, or do the majority of funds come The economy may change without sources. Visit them at www.saadandshaw. derstanding of the financial position and from one source? notice, and donors and funders may com or call 522-8727. 12 September 7-13, 2012 www.thememphisnews.com

COVER STORy

Memphis News File Photo: Lance Murphey Shavkat Sultanbekov monitors the fixed income trading for Duncan-Williams, the investment banking firm, in the trading floor at their Memphis headquarters. The firm ranked No. 2,607 on the Inc. Magazine list. Growth Streak 13 Memphis companies land on Inc. Magazine list

ndrew Holliday Story by ANDY MEEK $300 billion. and Daniel Brown, Another of the Memphis companies on the founding part- this year’s list is Monogram Food Solutions, a ners of Memphis- our other joke – owning a helicopter,” Holliday food products manufacturing company. Mark based branding said of his and Brown’s more humorous goal. Olivito, the company’s chief marketing officer, and marketing “We are thrilled to be recognized by Inc. said this year marks Monogram’s fourth on the firm Harvest Magazine. Making the list is a testament to a list. Creative, used to fantastic client list, an insanely talented staff “We’ve gone from back in 2009 from maybe joke about one and a lot of hard work over the last several a $40 million company to we’ll finish this year day making the years.” over $200 million,” Olivito said. “We’ve grown Inc. 500|5000, the Given the growth that landed it on this both from acquisitions as well as organically. list published each year by Inc. Magazine that year’s list – in the midst of an economy that has From 2009 to today, we went from one manu- honors the fastest-growing private companies yet to regain its mojo – the partners are liable to facturing facility to three manufacturing facili- Ain the U.S. be hearing rotor blades soon. And they’re not ties.” This year, they did it. Harvest came in at the only ones. And that number is probably going to get No. 727 in the ranking – a big entry point, con- A total of 13 Memphis-based firms made bigger soon. Not only that, Monogram ranked sidering the company ranked that high out of it onto this year’s Inc. list, which ranks com- 914 out of 5,000 companies on the Inc. list – but 5,000 businesses across the nation on the list. panies based on the percentage growth in it ranked number 23 among food companies. Harvest, whose clients include Walmart, revenue over the preceding three years. Ac- According to Inc. Magazine, the Inc. 5000 Wendy’s and Tractor Supply Co., was excited cording to Harvest, the median growth rate of companies have grown from $196 billion in enough about the honor that it issued a press companies on this year’s list was a whopping sales in 2008 to $299 billion in 2011. release. And in that release, the company 97 percent. The companies on this year’s list Being included among such company is promised it will be “probably the only press also reported creating more than 400,000 jobs part of what makes these area firms worth spot- release you’ll ever see from Harvest.” in the past three years, and aggregate revenue lighting. The Memphis companies on this year’s “I guess we’ll have to shift our sights toward among the honorees reached almost Inc. list are, in order of ranking: www.thememphisnews.com September 7-13, 2012 13

HARVEST CREATIVE INTERACTIVE SOLUTIONS INC. TREADMILLDOCTOR.COM http://harvestcreative.com http://www.isitn.com http://www.treadmilldoctor.com

Harvest Creative is a brand- Interactive Solutions Founded in 1998, NO. 727 ing and point-of-purchase NO. 2,512 Inc. is a videoconfer- NO. 3,623 Treadmilldoctor.com marketing firm, and the company provides encing technology company that’s been specializes in the repair and maintenance brand strategy and development, advertis- in business since 1996. The company of fitness equipment. ing campaign design, Web development provides custom integration of video con- The company humorously tells the and point-of-purchase marketing solu- ference and audiovisual equipment to be story of how it got started on its website: tions to companies across the country. Its used in places like hospitals, classrooms “In 1998 Clark & Jon Stevenson faced a clients include Wendy’s, Tractor Supply and conference rooms. Company founder dilemma. You see, both Clark and Jon were Co. and several other local, regional and Jay Myers won a 2010 Ethan Award for his in graduate school. Jon was studying to be- national companies. Harvest likes to stress book “Keep Swinging.” come the next great economist and Clark it’s not a traditional PR firm. was trying to decide the meaning of his navel. Being industrious, however, Clark came up with an idea that Jon quickly DUNCAN-WILLIAMS INC. embraced. Let’s fix broken exercise equip- MONOGRAM FOOD SOLUTIONS http://www.duncanwilliams.com ment!” http://monogramfoods.com Investment firm Monogram manufactures NO. 2,607 Duncan-Williams Inc. NO. 914 meat products and features was founded by A. Duncan Williams in INTERNATIONAL SOURCING brands like King Cotton and Circle B. 1969 and has grown to become one of the http://www.cordovaisc.com It was founded seven years ago when a premier broker-dealer firms in the South- group of Memphis investors bought the east. Williams’ son Duncan is the firm’s International Sourcing King Cotton and Circle B food brands from president today, and the late Williams’ wife NO. 4,311 was founded in 1994. Sara Lee Corp. The company went on to Carolyn is the firm’s co-chairwoman. It imports and distributes safety products grow via several acquisitions, including These days, the younger Williams is to distributors and retailers across the in 2006 when it got the Trail’s Best Meat thinking a lot about his company’s future. country. Snacks brand from Sara Lee. The follow- It recently hired about two dozen recent The Memphis-Shelby County Eco- ing year, it started cranking out Circle B college graduates from around the country nomic Development Growth Engine smoked sausages at a facility in Chandler, for a newly launched Financial Adviser board granted a five-year payment- Minn. Training Program. in-lieu-of-taxes (PILOT) benefit to the When he’s not racking up the frequent company earlier this year for its plans to flyer miles visiting his firm’s offices around acquire and renovate a larger facility. In the country, Williams is a ubiquitous the process, the company plans to create MEMPHISINVEST.COM cheerleader for Memphis and a public face 20 jobs and invest $1.9 million to expand http://memphisinvest.com of Duncan-Williams’ many civic endeav- and consolidate its warehouse facilities. ors, which include everything from the MemphisInvest.com firm signing up to be a title sponsor of NO. 1,320 provides single-family the “Live at the Garden” concert series at rental real estate investment services. Memphis Botanic Garden to underwriting BAKER, DONELSON, BEARMAN, Other services include property manage- The Soundtrack Project, a venture between CALDWELL & BERKOWITZ PC ment and tenant relations. the Memphis Symphony Orchestra and http://www.bakerdonelson.com the Greater Memphis Chamber. Baker Donelson has NO. 4,422 been around for more WUNDERLICH SECURITIES than 120 years, and it’s one of the largest http://www.wunderlichsecurities.com ENSAFE law firms in the U.S. today. It has more http://www.ensafe.com/ than 600 attorneys and public policy ad- Wunderlich Securities visers representing more than 30 practice NO. 1,881 is another Memphis- EnSafe was founded areas. based investment firm and was founded NO. 2,841 in 1980. The company Its recent distinctions include having in 1996. It has a few hundred employees, serves both private- and public-sector 77 attorneys across 26 practices recog- more than two dozen offices across the clients and provides such services as envi- nized by “Chambers USA” as leaders country and provides services that include ronmental, health and safety, engineering in their field in 2012; 25 practice areas equity capital market research, investment and technology solutions. recognized by “Chambers USA” as leading banking and fixed-income broker services. practices in individual states in 2012 and It’s been opening offices at a rapid 229 attorneys in “Best Lawyers in Ameri- clip. Wunderlich opened the doors to new ca” in the 2013 edition. offices for its private client group in Little STATLINK SYSTEMS Rock and Dallas in 2011. Also in 2011, its http://www.statlinksystems.com fixed-income capital markets division opened an office in Los Angeles. StatLink is a health- THE SERVICEMASTER CO. NO. 3,271 focused tech company http://www.servicemaster.com founded in 2007. Its signature software product is Med DataLink, a medical data ServiceMaster was DIRECTFX SOLUTIONS management platform. The company of- NO. 4,945 founded in the early http://www.directfxsolutions.com fers support for doctors via such services 20th century as a moth-proofing company as medical billing support, diagnostic by a former minor league baseball player. Founded in 2003, di- interpretation and more. In 2007, the private equity firm Clayton, NO. 2,485 rectFX Solutions offers Dubilier and Rice Inc. acquired Service- production and mailing services like digi- Master, and today the firm has a broad tal printing and data management. The slate of services that include lawn care, company also has a team of consultants termite and pest control, house cleaning that can perform graphic design services. and more. 14 September 7-13, 2012 www.thememphisnews.com

special coverage

special emphasis: LOGISTICS

DELAYED DELIVERIES BILL DRIES | The Memphis News Trucker shortage has industry scrambling to meet shipping demands

n Memphis several weeks ago for a breakfast with a dozen truck line owners, Dave Huneryager, the president and CEO Iof the Tennessee Trucking Association, took his own infor- mal survey of the shortage of truck drivers. “I basically asked the question, ‘How many of you have trucks sitting right now with loads of freight and no drivers to haul them?’” he recalled. “There were some big ones and there were some small ones. The low end was 5 percent and up to 12 percent of their fleets sitting because they don’t have people to put behind the wheel.” The driver shortage has been a fact of life in the industry for years. A 2005 study commissioned by the American Trucking Associations forecast a shortage of 111,000 drivers by 2014. The study was done before the recession, but the shortage remains and by some estimates has more than doubled since the ATA study despite lingering high unemployment. A new ATA study in June showed turnover rates for drivers increased for the first quarter of this year, making the fifth time in the last six quarters there has been an increase in turnover. “It’s an issue and unfortunately it’s going to get to be a great- Memphis News File Photo: Lance Murphey er issue as people my age continue to retire from the industry,”

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special coverage

said Huneryager, who like others in the industry is looking for solutions other than the passage of time. Center Brings Employees to Logistics His group and others in the trucking world are looking at veterans returning from the wars in Iraq and Afghanistan – BILL DRIES | The Memphis News where soldiers spent a good amount of their time driving trucks in convoys or protecting those convoys – as potential employees to fill the void. fter years of work and coordina- just at the top of the food chain.” depending on the size of a warehouse or “One of the things we’re really going tion, a training program for work- With the more complex technology, distribution center. to focus on is the guys and gals returning Aers in transportation, warehousing the warehouses and distribution cen- “It’s very difficult to be all things to all from the military. So many of them have and logistics begins in January at Sheffield ters are also able to operate with fewer people. You’ve got to make certain that the capability to drive big vehicles,” he Career and Technology Center. employees than they once had. There may there are a sufficient number of jobs,” said. “And that’s one of the highest unem- The idea of training warehouse work- be the same number of people, however, Fenter added. “It’s very difficult for us ployment numbers there is – returning ers sounds simple, but the coordination of competing for those jobs. to create a steady stream of interested veterans. If we get them behind the wheel a career pipeline has been difficult. The pipeline with a high school students and then learn that there are six of a truck it would certainly be a good The Sheffield model is a joint effort through four-year college diploma cur- companies in the Memphis region need- thing for us and for them.” by Memphis City Schools and the Greater riculum that’s been developed is aimed at ing these folks and they need three people The military rigs are as complex as the Memphis Chamber. It’s modeled on a a different outcome when someone from apiece.” civilian rigs, meaning the veterans would similar effort and curriculum developed the Sheffield program applies for the job. Fenter believes the market is there, but have the skills to fill positions quickly. at Mid-South Community College in West “They graduate from high school and it hasn’t been defined enough in the past. Richard Sweebe, the CEO and owner Memphis. on their diploma, it says they have a focus Muller looks at the potential in terms of Memphis-based Diamond Cos. Inc., But college president Dr. Glen Fenter in logistics,” Muller added. “In less than a of the warehouse space in the market. faces a parallel challenge in finding said he was forced to suspend the curricu- year, they can have a certificate in logistics “We’ve got 150 million square feet in enough technicians who want to work on lum there after a year because there wasn’t from a community college and if they walk our market of warehouse space. … If we the trucks and heavy equipment he sells enough demand. in and they are standing with another 200 had one person for every even 3 or 4,000 from the company on East Brooks Road “We are waiting for business and people and they show them a certificate in square feet you can figure out how many and its 15 other locations in four states. industry to more clearly define what they logistics there’s about a 90 percent chance employees that is,” he said. “I’m thinking Sweebe also thinks the industry has a are looking for and then be ready to help of them getting the job.” we could place 2,000 people a year in jobs. perception problem, some of it rooted in put some of these people to work,” Fenter Fenter said the companies need to But think if we had a pipeline of a couple the days of long-haul driving when driv- said. “It’s much easier to get students ex- come to the table with a clearer and more of thousand qualified logistics workers ers could be gone for weeks at a time. cited enough to enroll in a program if they direct idea about the specific job skills how many more companies we could “The average length of haul now is understand more clearly what sort of job they want. And those job skills can differ recruit.” about 600 miles,” he said. “It used to be opportunities are available.” 1,200 or 1,400 miles. So, for the most part Dexter Muller, the chamber’s senior these guys aren’t leaving out today and vice president of community develop- gone for three weeks at a time.” ment, said the Sheffield day and night And the jobs no longer pay low wages classes are a key part of a pipeline that for long hours – a perception that was will put students on a path to careers in once reality. logistics. “An over-the-road truck driver, if “They may look in the newspaper they’re willing to work – $50,000 or or some friend might tell them about a $60,000 (a year) is kind of the norm,” job that’s open somewhere,” Muller said. Sweebe said. “I think we’ve got to change “They walk down there and stand in line the perception of a job in the trucking with 200 to 5,000 people to try to get a job. industry.” Sometimes, we see them at our technol- Sweebe believes new tougher stan- ogy schools. The average age is mid-20s. dards and background checks on drivers That means for six or seven years out of under the Federal Motor Carrier Safety high school they’ve been doing some- Administration standards are a start in thing. But they weren’t preparing them- the right direction. selves for a career.” Meanwhile, some drivers worry that But Fenter said the training has to the standards are pushing experienced match jobs that require more than entry- drivers out of the business prematurely level skill. for minor infractions. “If it’s a $9-an-hour job and the guy “There are some benefits to that as we can make $9 an hour if he walks in off get rid of the few bad apples that we’ve the street cold or he can make $9 an hour got in there and people see it as a career,” after going through our one-year pro- Sweebe said. “And you can make a good gram, I’m not going to be very successful living – I think we’ve got to change the in selling the one-year program as having mindset when they come out of high any value for the student,” he said. school that you’ve got to go out there and The Sheffield training program is a get a four-year degree.” breakthrough of sorts. Memphis City Huneryager said Carrier Safety Ad- Schools superintendent Kriner Cash has ministration standards are a factor in the been critical in the past of job training driver shortage. efforts that emphasize what he’s termed “But I don’t know that that was unex- “stack and pack” jobs in warehouses. pected,” he said. Muller has heard a different term. The bigger factor to him is the “This is not just picking and packing requirement that a driver be at least 21 anymore,” he said. “They have pretty so- years old to get a commercial drivers phisticated technology in the newer ware- license. house operations. You’re not telling a child “We lose those 18- to 19-year-olds you can be a forklift operator and that’s to another industry because of that the end of the line. What you’re telling requirement,” Huneryager said. “But I them is you can start as a forklift operator don’t know that you want to put 18-, 19-, but the top of the line is (FedEx founder) 20-year-olds behind the wheel of a truck.” Fred Smith. He’s a logistics worker. He’s 16 September 7-13, 2012 www.thememphisnews.com

special emphasis: LOGISTICS Luttrell to Reassess Air Quality Issues

BILL DRIES | The Memphis News The council wanted to know if the city recently opened Appling Road inspection up? Not necessarily pick it up, but we do is required by any law to be the entity that station. have some responsibilities when it comes inspects cars. The city is not. The practice Meanwhile, Shelby County Attorney to air quality. We need to investigate what has been an unchallenged and unques- Kelly Rayne issued a legal opinion in re- those responsibilities are.” Effort comes in light tioned city government and city motorist sponse to an inquiry from Shelby County County responsibility for auto inspec- responsibility for decades. Commissioner Chris Thomas saying tions comes with a whole list of other of city's move to cut It was Lott who finally gave the county government does not automati- questions about whether that means funding for inspections council a clear answer, saying the city is cally inherit the vehicle inspection duties. car owners outside Memphis have to go not required to do the auto inspections. “I think there’s been an assumption through the inspection process. If the city doesn’t, the county could take on the part of many that we would just Rayne’s legal opinion questioned helby County Mayor Mark Luttrell over the responsibilities and if it doesn’t, naturally assume the car inspection whether county government could man- is about to examine county govern- the state would as it does in several other process – not necessarily,” Luttrell added date auto inspections anywhere but in Sment’s entire approach to air qual- Tennessee cities. She also said the city is this week. unincorporated Shelby County. Luttrell ity issues after the Memphis City Council not likely to lose federal funding or have “The first question I had was … is wants the air quality group to explore the voted last month to cut all city funding to repay federal funding used to build the there an obligation on our part to pick it question as well. for vehicle inspections at the end of the current fiscal year on June 30. The council vote is one of several decisions in recent months and years that have prompted what Luttrell views as a much-needed look at how the county responds to air quality requirements. “I think it’s a fair reassessment of the entire issue of air quality,” Luttrell said. “What’s a federal responsibility versus a state responsibility versus a local respon- sibility. We’re going to have to sort all of that out.” The county complied with standards 901-258-4682 in 2010 according to the federal Environ- mental Protection Agency. But it has been recently designated as being in non- attainment by the same agency for new tougher standards that just took effect. The new non-attainment area includes DeSoto County. Mississippi of- ficials are considering legal action to get the DeSoto border area out of the zone. “What I think we need to do is just kind of sit back and take a very holistic The Un-Courier Courier view of this whole problem of air quality and find out what our responsibilities are for the Un-Usual Customer. – what our obligations are and how we can improve the air quality,” Luttrell said. Co-chairwoman of the 13-member group is Germantown Mayor Sharon Goldsworthy who is also on the state • Our personnel are full-time employees. air quality board. The co-chairman of the group is Luttrell’s chief administra- • Our personnel wear identifiable uniforms. tive officer, Harvey Kennedy. The group includes Bartlett Mayor Keith McDonald, • We own our vehicles. Shelby County Health Department direc- tor Yvonne Madlock, county public works • Our vehicles are insured fully. director Tom Needham and Memphis General Services division director Martha • All our vehicles are identified. Lott. Luttrell wants the committee report to include what the county’s specific options • We have refrigerated vehicles. are for possibly taking on something it doesn’t handle now – vehicle inspections. • No need to call. We make pre-scheduled stops. Memphis residents are the only ones in the county required to get an annual inspection for their cars and trucks in order to get their state car tags renewed. The inspection is now primarily an emissions test of cars and trucks using on-board diagnostics for newer model automobiles and an emissions wand for older model vehicles. But after months of trying to parse bu- reaucratic answers from various parts of Let’s discuss what you need. City Hall to a basic question, the council voted to end the funding as a prelude to Bobby Fox • 901-258-4682 talks with the county on vehicle inspec- tions. Auto inspection stations and the www.licketysplitlogistics.com personnel to run them are a $2.8 million line item in the current city budget. www.thememphisnews.com September 7-13, 2012 17

special emphasis: LOGISTICS

administrative costs or accountants or administrators.” “My impression is that it is going to Gas Tax Would Raise things that are needed to better public transportation,” Ford responded. “Not anything that trivial.” Council member Janis Fullilove “I think at some point MATA Funding wanted MATA to use the extra revenue in time we as a nation to restore and expand service and keep are going to have to go buses running for a longer schedule. to some form of vehicle The Memphis Area Transit Authority is hopeful Council attorney Allan Wade said the miles traveled that we’re ballot question doesn’t limit spending a gas tax increase will give it dedicated funding the revenue to fuel costs. It would be for going to pay“ for what we “budget expenditures for public transpor- use. We need to look at tation.” infrastructure like your BILL DRIES | The Memphis News The August council vote came the “But there is the caveat that any ap- water bill or electric bill – same month that MATA cut bus service propriation of this revenue has to be done you just pay for the part of including a Poplar Avenue express service by this body,” he added. it had started in December as its first step That satisfied Collins. it that you use.” f Memphis voters approve a gas tax into the concept of bus rapid transit or Meanwhile, Tennessee Transportation – John Schroer increase on the Nov. 6 ballot, the BRT service. Commissioner John Schroer has warned Tennessee transportation commissioner IMemphis Area Transit Authority will “We’re doing the best we can,” MATA that the state gasoline tax levied at the have what it has for years said it lacks president Will Hudson told the council. same gas pumps statewide is not a steady to provide better service – a dedicated Much of the council debate was about or viable source of revenue for state road source of continuing funding. how MATA would use the additional projects. try will be in a horrible state of affairs in Memphis City Council members revenue. Council member Harold Collins His department’s budget of more than a very short period of time. And we are recently gave approval to the referendum wanted specific assurances that MATA $1 billion was cut by $100 million in the watching it happen everywhere.” ordinance that puts a 1-cent-a-gallon would use the revenue for fuel only and current fiscal year because of less revenue Later Schroer said alternatives include local gas tax to Memphis voters. The same not for administrative positions. to his department from the state gas tax, a tax that abandons the per-gallon bought ballot will also include a referendum on a “I’m just concerned that we get the which is levied also on a per gallon basis. model. proposed half percent local sales tax hike voters in a position where they pass this “I’m down because people are buying “I think at some point in time we as the council approved in July. 1-cent gasoline tax and we don’t see any less gasoline. That’s a good thing. I’m all a nation are going to have to go to some Revenue from the gas tax hike, esti- difference in public transportation in for that,” Schroer said. “But we are truly form of vehicle miles traveled that we’re mated at $3 million to $6 million a year Memphis,” he said. “I’m concerned that on the beginning of a massive crisis on going to pay for what we use,” he said. by the sponsor of the ordinance, council maybe the referendum ought to specifi- how we fund transportation. It is here. It “We need to look at infrastructure like member Edmund Ford Jr., would go to cally say for fuel purposes only. Then we is upon us. If we continue to fund trans- your water bill or electric bill – you just MATA. know and the voters know there are not portation on a per gallon basis this coun- pay for the part of it that you use.”

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special emphasis: LOGISTICS Mallory’s Industry Career Prepares Him For Logistics Council Leadership

ERINN FIGG | Special to The Memphis News with all modes of transportation – air, rail, will provide the necessary experience and in the neighborhoods bordering Memphis trucking, ocean," he said. "Our main focus perspective the council needs when set- International Airport. The Greater Mem- is on exports. While we also do a lot of ting our priorities for the logistics business phis Chamber's Regional Logistics Council imports, our roots are in getting products community.” — which consists of transportation and hen W. Neely Mallory III learned to market." Last August, Business Facilities maga- logistics professionals in warehousing, in late July that he had been ap- In May, Mallory accepted the Presi- zine named Memphis the No. 1 logistics, engineering, economic development and Wpointed chairman of the Greater dent's E Star Award for Excellence in distribution and shipping hub in the coun- supply chain services — works in conjunc- Memphis Chamber's Regional Logistics Exporting, which recognizes continuing try, citing FedEx Corp.'s world headquar- tion with the Aerotropolis Steering Com- Council, he was honored to assume that noteworthy export promotion efforts. ters and Memphis International Airport's mittee and also includes the Major Roads leadership role, he said. In November, Gov. Bill Haslam awarded ranking as one of the busiest cargo airports Committee. He also saw a great opportunity to sup- Mallory Alexander International Logistics in the world as major contributing factors. It all adds up to a great deal of informa- port Memphis and help ensure its success. the GATE Award for excellence in global The magazine also noted Memphis' tion to track and progress to direct. "The logistics industry is such a big trade, designed to recognize companies "superior road and rail networks and its "When I'm wearing my Logistics Coun- part of our community, and it's been a big expanding Tennessee's role in global port on the Mississippi River" as other rea- cil hat, it's my responsibility to stay ahead part of my life," he said. "I want to make markets. Mallory also is past president of sons for its logistics hub success. Memphis of all the changes in distribution patterns sure it's a big part of Memphis' future. If I the Memphis World Trade Club and has is home to five Class 1 railroads, which in to U.S. consumers," Mallory said. "We can help increase the public's awareness of served on the boards of The National Cot- recent years have invested more than $500 have to keep our eyes on the current situ- its significance, I feel like it's a way for me ton Council, Cotton Council International million in new or expanded rail systems, ation as well as the view of 20 years down to give back to my community." and the Agricultural Ocean Transportation bringing more than 200 trains through the road." Mallory is president of Mallory Alexan- Commission. Memphis a day, according to Business As chairman, Mallory's role will be to der International Logistics, a full-service In short, when it comes to the logistics Facilities magazine. The Port of Memphis provide leadership in the execution of the logistics provider based in Memphis and industry, Mallory knows his stuff. is the fourth-largest inland port in the U.S. council's agenda, which aims to attract one of the largest third-party logistics “Neely is the perfect choice to lead the In addition, the publication referenced more international business to the region. organizations in the United States. He has Regional Logistics Council because of his Memphis' status as North America's pre- It includes four major areas of focus: mar- overseen the company's growth from cot- extensive background in warehousing and mier aerotropolis. keting Memphis' logistics assets, build- ton forwarding to ocean transportation, global logistics,” said Larry Cox, chairman In 2006, the Greater Memphis Cham- ing and maintaining strategic alliances, intermodal trucking, warehousing and of the Greater Memphis Chamber. “His ber created the Aerotropolis Steering facilitating infrastructure development, distribution. awareness of global economic trends and Committee to capitalize on this distinc- and developing the local logistics industry "I've enjoyed it because we're dealing how Memphis fits into the global network tion and spearhead revitalization efforts workforce.

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special emphasis: LOGISTICS Norfolk Southern Yard Opens in Rossville

BILL DRIES | The Memphis News

orfolk Southern Corp. this sum- mer opened its Memphis Re- Ngional Intermodal Facility in the southwestern Fayette County community of Rossville. The terminal, an anchor in the Norfolk, Va.-based company’s ambi- tious Crescent Corridor project, became partially operational July 1. That’s when Norfolk Southern shifted its domestic and premium intermodal service be- tween Memphis and the Northeast from the Memphis terminal at Forrest Yard to Rossville. With future expansion, the terminal will cover more than 400 acres, with six loading tracks and 2,200 parking spaces. Norfolk Southern CEO Wick Moorman said the Rossville terminal is part of “a significant competitive advantage for us and sets the stage for even more growth in our intermodal network.” Moorman and other Norfolk Southern executives spoke for the first time July 24 about the opening during a second-quar- ter earnings call with analysts. Rossville is the first of four anchors Norfolk Southern is building to move Photo: Courtesy of Norfolk Southern freight between the Gulf Coast and Atlan- Norfolk Southern Corp.’s new intermodal facility in Rossville, which became partially operational on July 1, is a key anchor for the tic ports in New Jersey and New York. railroad’s 2,500-mile Crescent Corridor. The $112 million facility in Rossville is part of a $2.5 billion undertaking by the ing chief Don Seal, which means fewer relocate down in that vicinity.” enue and Shelby Drive. railroad that covers 2,500 miles of terri- trucks on the route along major parts of The movement by train won’t be that With the operational opening in tory where a large amount of freight has the journey. noticeable, however, along the Poplar Fayette County, the cutoff for the north- not historically moved by rail. The federal But Martin E. Lipinski, director of Corridor – at least to motorists. bound service is three hours later than it government put up $52.5 million in in- the Intermodal Freight Transportation “Probably there will be one domes- had been out of Memphis on weekdays. frastructure incentives for the Rossville Institute at the University of Memphis, tic intermodal train a day that will be Forrest Yard retains service between project. said there will be more truck traffic at the switched at the present time from Forrest Memphis and Florida and all ocean con- At the May 2011 groundbreaking for terminal bringing containers to and from Yard out to Rossville,” he said. “You are tainers. the facility, Moorman said the region is the facility, and in the case of Norfolk still gong to be riding along Poplar and Rossville is specifically service to Erail, the last area of its kind in the country in Southern, that route will probably be to seeing those BNSF coal trains – three a N.J., Morrisville, Pa., and Rutherford, Pa. that regard. The territory is even more the south. day and their merchandise freight, the The opening has also caused a change valuable with the coming expansion of “I know that it is going to generate mixed freight.” in shipping instructions. Forrest Yard will the Panama Canal that will benefit Gulf a lot more traffic and it’s also going to For the Memphis region, the Norfolk continue to be the “Memphis” destination Coast ports, notably Houston, with more generate a lot of economic development Southern facility is one of four intermodal in shipping instructions while the new cargo. – maybe not for Memphis, but for North yards, including the Union Pacific facility terminal will show up on the same in- The intermodal facilities are expected Mississippi,” Lipinski said. “There’s a in Marion, Ark., the CN-CSX intermodal structions as “Rossville, TN.” even though to “accelerate highway convergence,” good chance that a lot of these warehouse yard south of Presidents Island and the the facility is officially known as the Mem- according to Norfolk Southern market- distribution centers will either expand or BNSF Railway Co. facility at Lamar Av- phis Regional Intermodal Facility. 20 September 7-13, 2012 www.thememphisnews.com

special emphasis: LOGISTICS Keeping an Eye on the Mississippi River

BILL DRIES | The Memphis News down there. We would have been significantly delayed. We decided to hold the boat in Memphis.” Corps works to keep The possibility of the river changing plans is built into Mississippi channel not only the contract passen- moving gers make for the overnight excursions, it is a constant of redge work on the entrance to the industry before and since McKellar Lake off the Mississippi its rebirth earlier this year. DRiver was set to begin Friday, Sept. “We have our own fleet 7, as the river level at Memphis rises a bit of motor coaches that trail in the worst drought since the summer of along with or ahead of the 1988. boat,” Rubacky said. “We The U.S. Army Corps of Engineers has could use the coaches to two dredges working the river in the Mem- provide the experience to phis region in what is a different experi- Vicksburg and out to Helena, ence from the record-setting drought of (Ark). The beauty of it is you 1988 when the river fell to -10.7 feet on the can’t control the river. But Memphis gauge. Photo: Courtesy of Matthew Smith between the boat itself, the The river at Memphis last week was The American Queen has made several stops at the Greenbelt Park on Mud Island as the steamboat’s fleet of motor coaches and -8.2 feet following thunderstorms from the crew avoids low water farther south of Memphis on the Mississippi River. the team we have, you can remnants of Hurricane Issac. control the experience that’s Corps public information officer Jim stone dikes out into the river, fine tuning closings,” Pogue said of navigation on the delivered to the guest.” Pogue said the difference is what was that management plan and now we are river itself. That included some extras and sur- learned in 1988 and the measures taken starting to see the benefits of that.” The harbors have been the ongoing prises like the house band from B.B. King’s since then. Because of the amount of barges challenge in this summer after the river at Blues Club on Beale Street playing in the “We’ve had essentially 24 years to work handled at the McKellar Lake port, keeping Memphis reached a near record high level boat’s theater, dinner cruises for an hour on that management plan for the river,” the channel open is the Corps’ top priority. last year and then began its journey to the or two on the river and someone from the Pogue said. “We are in enormously better “We’ve had a few groundings but current near record drop. Memphis Convention and Visitors Bureau shape as far as the river channel goes than they’ve been for short duration and they’ve “Just because there’s more silt coming on board to offer suggestions. we were in 1988. We’ve been building the been able to get off – certainly no river in, some of those harbors have as little as The live music was a big hit for passen- five feet of draft,” Pogue said. “Either they gers from cities that don’t feature nearly are closed or they are real light loading. the amount of live entertainment that is a Sometimes the barges are sitting outside staple of Memphis nightlife. the harbor. The solution is dredging.” Rubacky estimates about 70 percent The drought also marks the first sum- of the passengers on the American Queen mer of the return of the riverboat over- during that cruise in mid-August took the night cruise business to the Mississippi. coaches by land to Vicksburg. Those who American Queen Steamboat Co. senior opted to stay with the boat and who took vice president Tim Rubacky confirms the coaches up from the Mississippi Delta to river channel in the Memphis area has Memphis to begin their trip spent some remained in good condition. It’s trickier extra time and money at Memphis attrac- south of Memphis for the trip to and from tions. Vicksburg, Miss., a regular stop for the “To be stuck or spend a few days, American Queen, which has its homeport Memphis is not a bad place. … You’re here and company headquarters on the Mem- in Memphis. It’s not exactly what I would phis riverfront. call hardship,” he said. “Everyone was “You can get down to Vicksburg. The happy. Everybody got some extra busi- big problem was the channel between ness.” Greenville and Vicksburg itself,” Rubacky And the drought hasn’t had any nega- said. “Since we didn’t go down, the chan- tive effect on a business that works with nel was closed I think it was three times a lot of lead time booking trips well into over two days when we would have been 2013.

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CatesThomasIndustrial.com Justin Lubin Multi-Family & Commercial Real Estate at 901.507.3428. www.MRGMemphis.com www.thememphisnews.com September 7-13, 2012 21 special emphasis : LOGISTICS : SMALL BUSINESS SPOTLIGHT Declarations, People at Heart of Patterson’s Conversations Declarations can change the way we see, hear, interpret and respond to the events in our lives. Words, in the form of dec- Dominance in 3PL Industry larations, have been used throughout history to change the course taken by entire groups of people. One such aggregation of words, | RICHARD J. ALLEY Special to The Memphis News commonly referred to as the Declaration of Independence, initiated the formation of a new nation that has now lasted well over 200 years. With the utterance and agreement of ounded in 1856, Patterson Ware- just a few words on July 4, 1776, former colo- houses Inc. is one of the leaders nists interpreted and most respected players in F and responded to Memphis’ robust third-part logistics the actions of the (3PL) industry. British quite dif- Yet even with the advances in tech- ferently. As in the nology, and acres and acres of ware- case with most house space that Patterson Warehouses declarations, the operates in Memphis and Horn Lake, standards for ap- vice president of sales and marketing chris cRouch Buzz Fly said it’s the company’s employ- SMART STUFF propriate and ac- 4 WORK ees that drive its success. ceptable behavior “We’ve got a very experienced man- before and after agement team, a lot of veteran logistics the declaration were forever altered. guys, and we’ve just tried to keep our On a more personal note, declarations Photo: Lance Murphey also change the course of our individual lives. head down and take care of our custom- Patterson Warehouses of Memphis is a third-party logistics company specializing ers,” Fly said. in outsourced warehousing and distribution, and LTL consolidation services. For example, by uttering words of commit- Patterson’s main niche is importing ment to another person followed by the state- goods going to retailers. Many of these effect, becomes the distribution arm. to 25 percent domestically. ment "I do," we totally change the meaning goods arrive via container ship from This symbiotic relationship between In the 2012 annual Third-Party and context of our future actions. Long Beach, Calif., where the cargo distributor and retailer requires a cer- Logistics Study conducted by Penn State But the power of words doesn't depend is loaded on trains headed to Mem- tain amount of trust, said Ernie Nichols, University, however, two-thirds of ship- solely on the declaration. The conversations phis. Patterson employees move those associate professor of Supply Chain per respondents reported an increase after the declaration ultimately determine the containers from local rail yards to their Management and director of the FedEx in their use of outsourced logistics power and longevity of the declaration. For ex- facilities, unload them and inventory Center for Supply Chain Management services. ample, in the case of marriage partners, early the product. at the University of Memphis. “Europe may have a higher per- conversations are typically focused on what It’s a service that is becoming “It’s something that a lot of com- centage of it, but the percentage here they like about one another. If these positive ever more specialized as technology panies still are quite sensitive about continues to grow pretty much on an conversations continue, the declaration re- advances. Far different than the 19th because you can have the world’s best annual basis,” Nichols said. “An awful mains powerful and intact. We all know this is century when Patterson boasted the products, but if for some reason they lot of companies are thinking, ‘What’s not always the case. Sometimes the conver- fastest delivery time from Nashville to don’t get to market, how well are you our core competence, what do we really sations gradually (sometimes as quickly as a Memphis (52 hours), these days there going to do?” Nichols said. do well?’ And if the answer to that isn’t Kardashian-minute) become more focused are such offerings as 24-hour Web Along with a flexible space without dealing with the logistical arm of the on what the partners do not like about each tracking of inventories and the ability a long-term commitment, another ad- business, a lot of companies have decid- other. The conversations become more about to re-supply, not just full pallets to a vantage to using a 3PL like Patterson is ed to let somebody else do it.” problematic past events than delightful future warehouse, but product at the case level flexible labor to manage the business to A potential customer making the possibilities. Rather than supporting the for retailer shelves. meet clients’ needs. Labor is the biggest decision to shut down warehouses and declaration they begin to erode it. As a matter “The technology has definitely cost for any distribution operation, Fly move inventory across the country to of fact, with married couples sometimes past helped both ends, from the inventory said, and with Patterson’s 125 fulltime Memphis is not one made on a whim, likes become present irritants. management from the distribution employees and ability to add tempo- and Fly said the sales cycle before clos- Here's the point – after the declaration, warehouse all the way to replenishing rary labor as needed, they can handle ing on such a deal can take upward of conversations become extremely important. the empty shelf at a Walmart or a Target, seasonal projects for summer months one to two years. In order for a nation to survive, a marriage to for example,” Fly said. and Christmas more efficiently and cost Nevertheless, Memphis sits in a survive, or any form of commitment or entity Rather than a company in California effectively. unique position, the eye of a perfect launched by declaration to survive, two things coming to Memphis to sign a long-term This model for warehousing and storm of interstates, railroad facilities, must exist: the declaration must be clear and distribution is widely used in Europe river traffic and runways. And with such lease for warehousing and distribution, well communicated and the subsequent con- that company will, instead, outsource with nearly 60 percent of all goods infrastructure already in place, the fu- versations must support the original declara- its logistics. Patterson Warehouses, in handled through 3PL, said Fly, versus 20 ture is only looking better and brighter. tion. This is true with nations, with marriages, and it is true with your business. As a leader of your business, what would you say if someone asked you to articulate your organizational declaration? In other words, what is your Declaration of Business Our lenders work hard to make purpose? And what kind of conversations are banking your most productive going on among your employees? Are the conversations about your business inspiring business relationship. or demotivating? Are these conversations primarily problem-oriented or solution- oriented? What can you do to clarify and better communicate your declaration? What can you do to at least tilt the conversations in favor of supporting your declaration? I'm not implying that you should ignore problems and complaints. I'm just suggesting Andy Pierotti that as a leader you should work hard to tilt Andrea Gladney the conversations in favor of inspiring people Mott Ford Midtown Downtown East Memphis and solution-oriented strategies. 2000 Union Avenue 50 North Front Street 510 South Mendenhall Road Brian Lowery 901-272-7300 901-432-7300 901-888-2265 22 September 7-13, 2012 www.thememphisnews.com

special emphasis: LOGISTICS TDOT Commissioner Talks Importance of Lamar Corridor

BILL DRIES | The Memphis News

Schroer says improving the southern part of Lamar Avenue is priority for state

hen Tennessee Transportation Commissioner John Schroer Wcame to Memphis last month, he told the Regional Logistics Council that his office has the “right priority list” of road projects for the area. And he didn’t waste another sentence getting to the project at the top of that list for the group of 150 industry profession- als in the room at the Memphis Mar- riott Hotel – the southern part of Lamar Avenue to the Mississippi state line. The corridor that carries most of the region’s freight is also the most congested major thoroughfare in the city of Mem- phis. Photo: Lance Murphey “We know how bad Lamar Avenue is A freight train leaves the BNSF Intermodal Train Yard along Lamar Avenue, a busy but important logistics corridor. and we know how expensive Lamar Av- enue is and it’s mainly expensive because dollar figure for decongesting Lamar is so toward a solution at all because of the The state of Tennessee has $34 million of right of way,” Schroer said. high that Schroer said past state trans- price tag of an estimated $500 million to in the fiscal year 2014 transportation bud- The undertaking is so big and the portation officials often haven’t started $700 million. get for Lamar right of way and TDOT has “This year, I said, ‘Let’s just start. Let’s agreed to fund additional environmental put our toe in the water. Let’s start putting work. money away to at least buy infrastruc- “There are so many businesses on La- ture,’” Schroer said, adding that he hopes mar serving the business that’s there. With to work with the Memphis Metropolitan the intermodal facility that is now there, Planning Organization, which routinely the amount of truck traffic is ridiculously has Lamar at the top of its priority list to high,” Schroer said after his remarks. use some of the funding it has access to “We’ve got to buy a lot of property and as well. make it happen. … It’s going to require us “Does that mean it’s going to happen probably taking out a lot of businesses, next year or the following? No,” he said. which means it is a very expensive under- “But you can tell companies – you can tell taking and it is going to take a lot of time people who are interested in coming to to do it.” this area it will come. And there is money U.S. Rep. Steve Cohen, D-Memphis, there and we are going to move along this has said that U.S. Transportation Secre- process.” tary Ray LaHood has also made improve- State Senate Republican leader Mark ments to the Lamar corridor a priority at Norris of Collierville acknowledged there the federal level. were concerns that the change in state But Schroer said so far he hasn’t seen administrations from former Gov. Phil federal involvement and that the state is Bredesen to Bill Haslam in 2011 would moving forward without an expectation mean a few steps back for a long-delayed of that at least for now. project. On the other hand, the state is not Norris credited Haslam and Schroer moving ahead with any funding of the with keeping attention on and momen- Tennessee portion of the Interstate 69 tum behind the Lamar efforts. project until or unless there is a dedicated “People in Memphis were sweating source of funding. blood when the new administration took The $140 million the state has spent office in January of 2011,” he said. “Typi- on the north-south interstate so far has cally under previous administrations … been federal highway fund money. issues like this would take an entire “We have 1,500 projects and $9.5 bil- administration – eight years – before you lion worth of work. I-69 is an important would see any reaction from the admin- road if it is built to completion north to istration.” south. It is, in my opinion, not as impor- The Tennessee Department of Trans- tant if it’s only built from Mississippi to portation is specifically looking at options Kentucky,” Schroer said in response to a recommended in a June 2011 study it question about I-69. commissioned by Cambridge Systemat- “We are spending our money on other ics Inc. that would replace the Lamar and projects that have a larger, more immedi- Holmes Road and Lamar and Winchester ate impact and using the limited dollars Road intersections with interchanges. we have to impact more people through- The study was done in association with out the state. Until we get dedicated Kimley-Horn & Associates and the Uni- funding for I-69 we won’t be spending any versity of Memphis. more money on it.” www.thememphisnews.com September 7-13, 2012 23

special emphasis: LOGISTICS Export Growth Earns Mallory ‘E’ Star Award

Mallory Alexander International Logistics caps eight-year run of growth with award

BILL DRIES | The Memphis News Department a lot of credit for helping a bit. We had a real downturn here at outlook on what it provides during that introduce U.S. companies that might not Mallory. I guess people tightened their time as well. have considered the export market while belts and were going to hold onto their “There was a time we tried to do every- also giving them guidance on what to ex- money and were scared of what was the thing and that just didn’t do us any good. allory Alexander International pect and helping with technical assistance unknown,” he said. “But our business has We’re not always the lowest-cost provider,” Logistics has capped eight years as well. really come back since ’08. Our revenues Mallory said. “Our goal is to try to design Mof successive export growth with The Obama administration has a goal are up. Our export volume is up tremen- something that will help our customers the President’s “E” Star award to go with of doubling U.S. exports by 2014. Mallory dously since ’08. I think there are some deliver their products in a timely basis to the Presidential "E" award the company said he’s noticed an upturn since 2008 positives there that we are seeing from our meet their customers’ demands. We’ve earned in 2006. when things got rocky. customers.” been gaining a lot of business in the last The award was given this spring in “Our business has been growing quite And the company has changed its few years.” Washington at a White House ceremony. It is the highest recognition the federal government gives for contributions to the expansion of U.S. exports, including help- ing other U.S. companies export goods. “You always hear that the trade imbal- ance in imports is so great. But exports have grown almost every year since 1961 when President Kennedy put this initiative in,” said Neely Mallory III, president of The Mallory Group. “The economy has been down here. It’s been down worldwide. But there are opportunities in export markets.” David Spann, a U.S. export assistance director with the U.S. Commerce Depart- ment’s Memphis office, talked with Mal- lory about its export activity and submit- ted some case studies of the company’s specific efforts in Venezuela and India that led to the designations and awards. “They have been certified as an ‘E’ star holder and they are authorized to use the ‘E’ star logo and emblems on all of their websites … and any other place they would like to use it in perpetuity,” Spann said. “Not only have they increased their own export activity, but they’ve been pretty instrumental in helping a number of other companies increase their export activity.” The designations are for manufactur- ing imports not agricultural products, which are a large part of Mallory Alexan- der’s business as well as its heritage. The company began as Memphis Compress and Storage Company in 1925, storing cotton and handling other needs from a South Memphis base for cotton merchants and producers in the region. The company was a major part of the city’s economic expansion and diversity. By the 1960s and 1970s, Memphis Compress had expanded to the warehouse business, handling and transporting more than cotton with local truck delivery. That truck delivery grew to an international reach with air and ocean shipping. And Mallory acquired Alexander International, a multi-function transportation company, in 1971 as a subsidiary of the Mallory Group. The recent years have been tough even though it’s seen new nations joining the global economy with a growth in markets that has been unprecedented. “People fear the unknown and it isn’t exactly like selling to someone around the corner,” Mallory said. “I think many people will find a very smooth transition into the export market and their money will be protected and they can gain some new customers around the globe.” Mallory gives the U.S. Commerce 24 September 7-13, 2012 www.thememphisnews.com

real estate & DEVELOPMENT news

SPORTS BUSINESS

Staying on Course ANDY MEEK | The Memphis News

few days ago, trade publication up to 8 to 10 percent. “The Bond Buyer” reported that “I think everybody has accepted their A Phoenix, Ariz., is facing a $14.8 mil- membership levels being a little lower than lion deficit to operate its six golf courses they were 10 years ago. So adding 30 mem- and is mulling whether to sell or shutter bers or so a year just keeps you flat. And them. these days it’s tough to add new clients.” The city is reportedly considering those According to figures from the Na- possibilities in light of factors that include tional Golf Foundation cited by “The Bond a glut of courses, growing competition Buyer,” more than 358 golf courses have for golfers’ attention and a decline in the closed since 2006 – most of those being sport’s popularity. Blane Merritt, general public courses. The foundation predicts manager of the TPC Southwind private 500 to 1,000 public golf courses nationwide golf club in Memphis’ Southwind commu- Photo: Lance Murphey will close within the next five years. nity, can empathize with what Phoenix is Paul Cline, left, and John Bobb leave the 11th green at TPC Southwind. The par-70, For TPC Southwind, which opened wrestling with. 7,244-yard layout was designed by architect Ron Prichard with PGA Tour players in the late 1980s, the name of the game is Hubert Green and Fuzzy Zoeller serving as consultants. That’s because the lingering economic to add new members where possible and slump has altered the mathematical dy- tough bridges we crossed in our industry Throw a recession into the mix, and cater extensively to the ones it already has. namics of owning and operating a private was 15 to 20 years ago, when it was almost the math gets simple. An abundance of During the club’s peak season, it will club, according to Merritt. And it’s forced unheard of for private clubs to advertise. courses plus declining demand means at- have about 125 employees. It completed a clubs like Southwind to change their focus To actively seek new members. It was just trition is higher than usual. major renovation in 2004. somewhat. TPC Southwind, the PGA Tour’s something you didn’t do, and didn’t have “Our business historically has seen “Our first goal is to retain the mem- only private golf club in Tennessee, plays to do, because the curve of the number of somewhere around a 6 or 7 percent attri- bers we have, and one way we do that is host to the tour’s FedEx St. Jude Classic people coming in the game was so steep. tion rate,” Merritt said. “This club has 400 by trying to make sure there’s ways for every June. “Back in the late ’90s, a lot of golf members. You’re going to lose about 28 to families to participate in the club,” Merritt “I’ve been in this business about 25 courses were getting built, so I also think 30 members a year just through normal said. “Whether it’s through wine dinners years, and this is the first time I have seen most golf course operators would agree attrition, from things like death, relocation or other things. And we’re also constantly the economic climate in our country we probably built too many golf courses in or a change in life status. But now, because creating new programs and ways to bring impact private clubs,” he said. “One of the each city.” of the economic climate, that percentage is in new members.”

INKED First Tennessee Unit to Move Downtown

SARAH BAKER | The Memphis News ing McDonald’s restaurant at 2850 Lamar. 1,375 square feet at 1014 S. Yates St. for five years. “They’re going to move that existing McDonald’s basi- The freestanding retail building in East Memphis cally to the new site at 2342 Lamar,” Hamidi said. “They is owned by Jolanda M. Penczner Irrevocable Trust. initially inquired about it about four years ago and they’ve Crye-Leike Commercial’s Wilson McCloy and Pat Surratt First Tennessee Bank is preparing its Downtown Mem- been doing their due diligence and finishing all of the handled both sides. phis headquarters for occupancy of one of its units. details.” In addition, Mocha Enterprise, a financial services An $865,000 building permit application has been filed and accounting firm, has leased 1,195 square feet at 3681 with the city-county Office of Construction Code Enforce- In other deals, MidAmerica Investments LLC has Summer Ave. for three years. ment for interior build-out for First Tennessee at 165 purchased the 22,924-square-foot shopping center at 615 The tenant will occupy the entire boutique office Madison Ave. Chelsea Road from Maxine Wilks for $385,000. building owned by David J. Kellenberger Property Man- “We are building out the 14th floor of our building at Jeff Waddell with Crye-Leike Commercial’s Arlington agement LLC. McCloy and Surratt handled both sides. 165 Madison to prepare it for the occupancy of the First office represented the buyer. Representing the seller was Tennessee Wealth Management team, which is moving Lawrence Johnson with Lawrence Johnson Realtors Inc. And in West Memphis news, construction is set to from its current space in the Oak Court Office Building Built in 1930, the Class C retail strip center’s 2012 ap- begin this month on a new 20,000-square-foot Tractor prior to the lease expiring in early 2013,” said Ron Bastek, praisal is $432,600. Supply Co. facility at the corner of College Boulevard and director of corporate real estate at First Horizon National the Interstate 40 service road. Corp., the parent company of First Tennessee. Meanwhile, VuCon LLC has signed a 1,267-square- The store should be open for business in early 2013. The contractor is Brandy Bonner Aden, president of foot lease at Lipscomb & Pitts Building, 2670 Union Ave. Van Spear, vice president of NAI Saig Co., represented the A and B Construction Co. Inc., a minority woman-owned Extended. property owner, Randy Catt, president of Guaranty Loan, company. The project was competitively bid, Bastek said. Patty Lycan, sales and leasing with Gill Properties Inc., and Rick Wilson Enterprises LLC, the developer for Tractor represented the tenant. Representing building owner Supply Co., in the transaction. In other leasing news, McDonald’s Real Estate Co. has Lake Worth, Fla.-based In-Rel Properties Inc. was Founded in 1938 as a mail order truck parts bought 2342 Lamar Ave. from Mahmood M. Murshed for Cushman & Wakefield/Commercial Advisors business and now based in Brentwood, Tenn., $850,000 – a deal that was four years in the making. Asset Services LLC’s senior associate Anna Tractor Supply Co. has close to 1,100 stores in 38 Built in 1945, the Class D strip shopping center’s 2012 Tranum and associate Brand Cook. states. appraisal from the Shelby County Assessor of Property is Also, Richter & Rasberry PC has expanded The big-box chain offers a number of prod- $313,600. Murshed acquired the property four years ago by 736 square feet and is now occupying 3,093 ucts for home improvement, agriculture, lawn through a quitclaim in 2008 from Adam M. Murshed, who square feet in Clark Tower, 5100 Poplar Ave. and garden maintenance, and livestock and paid Catherine Freeberg $285,000 for it earlier that year. Tranum, as well as Commercial Advi- pet care. Charlie Oates with Oates Commercial Properties rep- sors senior vice president Phil Dagastino Jr., resented the buyer. J. Max Hamidi with Re/Max on Track handled the deal on behalf of the landlord. Send commercial lease announce- was the seller’s representative. The tenant was unrepresented. ments to Sarah Baker, who can be Hamidi said the site is about 46,000 square feet and reached at 521-2464 or sbaker@ contains eight bays. The sale includes the title to the exist- Salon Prescay Parlour has leased memphisdailynews.com. www.thememphisnews.com September 7-13, 2012 25

news

Government Government Funding Approved for Felon Program

BILL DRIES | The Memphis News do a better job at a program designed to “Second Chance is not only providing the appointment of Brian Collins as the help those just released from prison adapt employment,” Hooks said. “They are also city’s new director of finance and admin- to life outside prison and avoid returning. providing them life skills. They provide istration. City Parks and Neighborhoods division them housing. They provide food. They Collins comes to City Hall at a salary emphis Mayor A C Wharton Jr.’s director Janet Hooks said Shelby County provide bus vouchers. … There’s a lot more of $125,000 a year from being interim administration is retooling the government has agreed to put up $185,525 to the program other than employment.” president and CEO of the Postal Em- Mcity’s “Second Chance” program and the state has pledged $110,000 a year Council members restored the fund- ployees Credit Union. Before that he was for felons just released from prison to for two years. ing. But it was for the current fiscal year senior vice president and general man- become a joint city-county program with That and the city funding would be only. And during that time, the council ager of bankcard services at First Horizon funding from the state. “under an umbrella, which is the Office of required the city to put out a request National Corp. The Memphis City Council voted Tues- Re-entry,” Hooks said, describing it as “a for proposals – to solicit proposals from “He will bring to that office the experi- day, Sept. 4, to restore $64,000 in funding it seamless program from the time a felon groups outside government who might ence that we need now, which finds public cut last spring during budget season. The comes out of any of six institutions from want to try to run such a program. sector accounting coming quite close and council also voted in the spring to hold an- the state of Tennessee.” The request for proposals is not a almost identical to what we have in the other $200,000 in funding for the program She also described those who might guarantee the council or the city would private sector,” Wharton said. “You will see to put toward a move to contract it out to a qualify for the program as “high risk” with approve such a move. That would depend a number of changes.” private nonprofit organization. a case manager to counsel them and check on the quality of proposals it gets back in Those changes will include monthly At the time, most on the council ar- up on them beyond the basics of getting a response. reports to the council on the city’s finan- gued a private organization could possibly job once they are out of prison. In other action, the council approved cial condition.

1204 Houston Levee Road 3675 s. mendenhall road; cordova, tn 38018 3698 s. mendenhall road; REAL ESTATE RECAP sale amount: $2 million 3720 s. mendenhall road; 3802 s. mendenhall road Sale Date: Aug. 23, 2012 memphis, tn 38115 Buyer: 1204 Houston Levee Road Panda to Build Restaurant Holdings LLC Sale Amount: $950,000 Seller: Robert F. Tom, Substitute Sale Date: June 11, 2012 Trustee Buyer: Lexington Funding LLC On Winchester Outparcel Details: An affiliate of Dallas-based Seller: Mend-Am LLC CWCapital Asset Management LLC Details: Lexington Funding LLC has ERIC SMITH | The Memphis News has paid $2 million for Cordova paid $950,000 for a portfolio of retail Ridge Shops, a retail shopping cen- strip centers on South Mendenhall ter at 1204 Houston Levee Road in Road in Hickory Hill North. Bill Morris Pkwy unincorporated Cordova. The Lakewood, N.J., company Panda Express The buyer – operating in the bought the properties at 3675 S. transaction as 1204 Houston Levee Mendenhall Road, 3698 S. Menden- Road Holdings LLC – is a subsidiary hall Road, 3720 S. Mendenhall Road Winchester Rd Rd S Germantown of CW Financial Services. and 3802 S. Mendenhall Road from The sale closed Aug. 23 in a sub- New York-based Mend-Am LLC. Winchester Rd stitute trustee’s deed with Robert F. Aaron Muschel signed the war- Tom of Baker, Donelson, Bearman, ranty deed as manager of Mend-Am,

Bill Morris Pkwy Caldwell & Berkowitz PC selling the which bought the portfolio in 2006 property as substitute trustee. for $3.2 million. Cordova Ridge Shops, a Class A All four Class B strip centers are retail center on North Houston Le- south of South Mendenhall Road’s vee Road, went into foreclosure after intersection with Winchester Road. 7525 Winchester Road • Memphis, TN 38125 its Nashville-based owner defaulted The 3675 S. Mendenhall Road on a $3.3 million loan, according to property contains a 10,800-square- 7525 WINCHESTER ROAD a first-run foreclosure notice in the foot retail center that was built memphis, TN 38125 Aug. 1 edition of The Daily News. in 1980 and sits on 1.2 acres. The Market Land Co., working as Shelby County Assessor of Prop- Permit Cost: $791,345 Cordova Ridge Shops LLC, bought erty’s 2012 appraisal is $365,500. Project Cost: N/A the property in 2002 for $650,000 The 3698 S. Mendenhall Road Permit Date: Applied August 2012 and financed it through PNC Bank property contains a 10,860-square- Completion: TBA in May 2004. That loan was later as- foot retail center that was built in Owner: Panda Restaurant Group Inc. signed to Wells Fargo Bank. 1978 and sits on 1.03 acres; its 2012 Tenant: Panda Express Built in 2002, the 21,832-square- appraisal is $365,500. Architect: N/A foot, L-shaped strip shopping center The 3720 S. Mendenhall Road Contractor: N/A sits on 2.1 acres on the east side property contains a 10,800-square- Details: Panda Restaurant Group Inc. has filed a $791,345 permit application with of Houston Levee south of Macon foot retail center that was built in the city-county Office of Construction Code Enforcement to build a Panda Express at Road. The center, appraised by the 1979 and sits on 0.96 acres; its 2012 7525 Winchester Road in Southeast Memphis. Shelby County Assessor at $2.2 mil- appraisal is $365,500. The freestanding restaurant will be built in front of the Walmart Supercenter at lion, is attached to a 54,000-square- And the 3802 S. Menden- the southwest corner of Winchester and Tenn. 385. No contractor or architect was foot Kroger that is not owned by hall Road property contains a listed on the permit. Market Land and was not included 15,900-square-foot retail center that It is the second Memphis-area location for the quick-service Chinese restaurant in the sale. was built in 1985 and sits on 1.32 chain, which is preparing to open a 2,665-square-foot new prototype store in Cor- acres; its 2012 appraisal is $503,200. dova at 577 Germantown Parkway, also in front of Walmart Supercenter. 26 September 7-13, 2012 www.thememphisnews.com

More From Law Talk The Record Cherry Back to Roots See last week’s column and the one before it for other illustrations of quotable matter, straight from “the record.” That is, stuff filed and/or said in courts around the world. At Dunavant Enterprises In a certain case in a certain court, after receiv- ing a motion for summary judgment, the plaintiff AISLING MAKI | The Memphis News amended his complaint to add a party defendant. Defense counsel then filed a pleading that included this: “Apparently, plaintiff did finally decide to make allegations against the ussel Cherry, longtime sands of domestic and interna- only party possibly at fault, general counsel at tional logistics companies. “In 2010, we finalized the however reluctantly.” RDunavant Enterprises Inc., grew up in a family that sale of our cotton division, and Apparently, that got raised sporting dogs and had that was an interesting experi- someone’s attention, as originally planned to be a ence,” Cherry said. the next pleading filed veterinarian. “We’ve gone from that into read, in its entirety, as VIC FLEMING “In my first year at UT acquiring new businesses and I SWEAR follows: “The undersigned, Martin, I had a microbiology logistics. So I’ve gone back to one of the lawyers for the final and I had a chance to my roots in transportation law. Plaintiff, opines that the last sentence in the first have a date with a real nice It’s been fun.” paragraph of the Reply to Plaintiff’s Response to blonde,” Cherry said with a Dunavant Enterprises has Motion for Summary Judgment is rather snippy.” laugh. been ranked as one of the In 1980, a complaint filed in a rural Arkansas “I went for the blonde and largest private companies in jurisdiction alleged that the defendant had “will- didn’t do well on the test, and America by Forbes Magazine, as fully and without provocation” shot and killed the the next semester I switched well as one of the largest private plaintiff’s “Tree Walker hunting dog named Little over to pre-law.” companies that is located in Thunder Jim.” Damages of $10,000 were sought. In After receiving his bach- Memphis. his answer, the defendant asserted: elor’s degree from the Univer- When he first joined the “Little Thunder Jim was an uninvited intruder sity of Tennessee at Martin, company, Cherry recalled that on defendant’s homestead and had repeatedly the Missouri native relocated he was concerned about pos- been told to leave. Little Thunder Jim, at the time of to the Bluff City to attend the sible ethical issues that could the incident, was standing over and attempting to Cecil C. Humphreys School arise while working as a general molest a small female, whose name is Baby, that re- of Law at the University of CHERRY counsel attorney for a large sides at defendant’s homestead. Defendant claims Memphis. company. the right to protect all females on his homestead Cherry received his first “My biggest concern going from unwanted suitors. Defendant admits that the big break after a chance encoun- into in-house counsel is that lawyers resident female may have led Little Thunder Jim, ter at a library with attorney John can only give legal advice; business- and oth- Paul “Jack” Jones, former longtime men can accept or reject it,” Cherry ers like publisher of The Daily News. said. I Swear Crossword him, to be- “During my last two years of “I was concerned about what Fleming’s weekly puzzle Page 31 lieve that law school I worked for Mr. Jones would happen if the business Baby was as his law clerk,” Cherry said. I like to read and I like interests outweighed doing what a loose “Transportation was his specialty, to write. Those have was legally correct. And I was lucky female; however, defendant denies that Baby was motor carriers and railroads.” always been my strong enough that Mr. Dunavant’s rules loose enough for the likes of Little Thunder Jim.” Jones’ focus in the area of points, so it was a are honesty and integrity, and when- We’ll conclude this series with a few instances of transportation law afforded Cherry natural fit practicing ever there were hard decisions to the opportunity to devote much make his question was, ‘Is it legal?’ children teaching judges and lawyers lessons in the law. I like research, and courtroom: of his time to research, something “ The Dunavant family has always Q: Johnny, I’m going to ask you some questions he’s always enjoyed. obviously we didn’t been that way, and I’ve always liked now, and I want all of your answers to be oral, OK? “I like to read and I like to have the Internet when never having to worry about being A: OK. write,” he said. I started out. You had crossways with my principles if they Q: What school do you go to? “Those have always been my to go to the racks, and I didn’t like what the law said.” strong points, so it was a natural In fact, Ethisphere Magazine in A: Oral. liked doing that.” Q: What grade are you in? fit practicing law. I like research, 2007 named Dunavant one of the A: Oral. and obviously we didn’t have the – Russel Cherry “World’s Most Ethical Companies – General counsel, Dunavant Enterprises Inc. ••• Internet when I started out. You Agricultural & Food Processing.” Q: Now, Bobby, if we let you swear on the Bible had to go to the racks, and I liked Cherry said his favorite aspect to tell the truth and then you tell a lie, do you know doing that.” of his job is the variety of learning what would happen to you? After graduating from law school types of businesses, and there were experiences it continues to offer. “I’m not pigeon-holed into one A: Yes, sir. I’d be kicked out of Cub Scouts. in 1980, Cherry moved up from all different types of problems that serving as a clerk to Jones to being would always come up in operating type of law,” he said. ••• named an associate attorney, even any day-to-day business,” Cherry “As a general counsel I know Q: Henry, do you remember what I told you working at The Daily News for a said. “It was a real good fit.” when I need to get a specialist about testifying today, about being on the witness period of time. He worked for many years with involved and I hire attorneys all the stand? Cherry went on to work for general counsel Bill Stubblefield, time as the needs arise. I like that A: Yes. another Memphis law firm for five who was licensed to practice in Mis- there’s always something different Q: What did I tell you was the most important years until 1987, when a friend who sissippi, while Cherry was licensed that we’re involved in. That’s a real thing to do? worked at Dunavant Enterprises told to practice in Tennessee. fun thing, from litigation to ware- A: To sit up straight. Cherry the company was hiring an Cherry said Stubblefield became housing to farms, there’s a little bit ••• associate general counsel. his mentor, teaching him how to of something that’s always chang- Judge: Jenny, do you know what happens if you Cherry was hired and has navigate the corporate channels. ing.” tell a lie in court? remained with the company for Originally known primarily for When he’s not working, Cherry, A: Yes, sir. You go to hell. the past 25 years, and his work has cotton, Dunavant Enterprises today an avid outdoorsman, enjoys quail Q: Is that all? encompassed everything from pre- is one of the largest global commod- and pheasant hunting, fishing, and A: Well, isn’t that enough? paring a wide variety of legal docs, ities distributors in the world. raising German shorthaired point- Vic Fleming is a district court judge in Little Rock, cases, negotiating contracts, and It has extensive real estate and ers, and attending sporting events Ark. Contact him at [email protected]. handling the sales of businesses and investment divisions, and a logistics with his two grown daughters, who properties. operation with a database of supply attend the University of Tennessee “Dunavant had a lot of different chain partners that includes thou- at Knoxville. www.thememphisnews.com September 7-13, 2012 27

Memphis STANDOUT Midgley Passionate About Helping Others

AISLING MAKI | The Memphis News issues grandparents face as far as getting communications came naturally to me.” qualifications could make a difference, kids registered for school or getting access She said one of the most important les- with my research and understanding of to food stamps and those sorts of things. I sons she took from her time at The Urban the resources here in the community,” she was really interested in how that impacted Child Institute was that, said. “An issue will come to emphis has turned out be a children within the family system.” with strong community our attention, and I try to perfect fit for Plough Founda- Her master’s level thesis focused on support, statistics don’t step back and say, ‘What is Mtion program associate Katie the effects of criminal incarceration on have to determine a child’s the issue, why does it matter, Midgley, whose research interests landed adolescent girls, and under the guidance future. and how potentially can we her in the city back in 2008. of her adviser, Midgley honed her skills as “We have kids at make the greatest differ- After receiving her bachelor’s degree in a researcher and learned a great deal about Manassas High School ence?’” psychology from Mississippi State Univer- program development and evaluation. getting college acceptance Midgley also works with sity, she continued her education at the Her graduate school adviser, who had letters,” Midgley said. “We consultants across the coun- University of Alabama, pursuing a master’s previously worked at the University of have a lot of kids who are try and examines other foun- degree in criminology. Memphis, recommended Midgley for a doing great and we just dation models. She’ll soon “I was one of those people who didn’t research associate position at The Urban need to figure out what travel to two grant-makers’ really know what I wanted to do, but I Child Institute, a nonprofit organization their stories are, their conferences in Cleveland, knew I was interested in the study of consisting of a coalition of community pathways to success, and Ohio, and Charleston, S.C. people and in social change,” Midgley said. researchers, strategists and practitioners how we can replicate MIDGLEY “We look for things that “I was particularly interested in criminality dedicated to the well-being of young chil- that. I was struck by the we can bring back to the within family systems – domestic violence dren in Memphis and Shelby County. hopeful message that kids are born with so philanthropic community here and poten- and children exposed to criminal incar- Midgley relocated to Memphis in 2008, much potential.” tially replicate in order to improve the lives ceration.” and shortly thereafter added community Last year, Midgley took on her new- of our citizens,” she said. She has worked in a publicly funded outreach, communications and public est role, joining the Plough Foundation. Midgley also serves on the board of di- childcare setting in Mississippi, where policy to her role at the institute. She conducts research for the executive rectors for Shelby County Books from Birth many of the children in the program were “In nonprofits, we wear many hats,” staff, finding ways to allocate resources and the Wolf River Conservancy. being raised by relatives because their she said. “And I really enjoyed meeting new to impact issues in the most effective way She and her husband, Tom, have also parents were in prison. people, learning about what’s going on in possible, and also reviews grant proposals served on event host committees for a “It’s something that’s been socially stig- the community, and sharing the message and represents the foundation at various number of organizations, including The matized, even though the population is in- about the importance of early childhood community events. Memphis Child Advocacy and the Regional creasing,” Midgley said. “I saw many legal and the family in greater society. So I think “I felt this was really a place where my Medical Center at Memphis.

Developing Leaders to Move Memphis Forward

The Leadership Academy’s Fellows Program is a 12-month engagement giving high-potential emerging leaders the tools, connections and experiences to become community change agents. Want to learn A WKNO PRODUCTION more about this program? Join us for one of our information sessions: hosted by ERIC BARNES, publisher of The Daily News Each week Barnes will lead a discussion about the major stories from the Mid-South. September 5th, 6:00-7:00 p.m. Benjamin L. Hooks Library – 3030 Poplar, Memphis 38111 This week, on Behind the Headlines, Shelby County Mayor Mark Luttrell September 17th, noon – 1:00 p.m. Germantown Library – 1925 Exeter Rd, Germantown 38138 joins Eric Barnes and Bill Dries for a discussion on taxes and schools. Please note that the ‘KNO Tonite schedule is changing this month. Beginning September 21, Behind the October 15th, 6:00-7:00 p.m. Headlines can be seen Fridays at 7:00 p.m. on WKNO. It will continue to air Sundays at 8:30 a.m., also Junior League of Memphis – 3475 Central Ave., Memphis 38111 on WKNO, and Fridays at 7:30 p.m. on WKNO2.

October 26th, noon – 1:00 p.m. PANELISTS: The Leadership Academy, 22 N. Front St., Ste. 500, Memphis 38103 ERIC BARNES, Host & Publisher of The Memphis Daily News BILL DRIES, Senior Reporter for The Memphis Daily News MARK LUTTRELL, Shelby County Mayor For more information or to register visit www.leadershipacademy.org

Topics are subject to change. The broadcast of Behind the Headlines is sponsored by The Community Foundation.

Friday at 6:30pm WKNO Friday at 7:30pm WKNO2 Sunday at 8:30am WKNO Monday at 5:00pm WKNO2 28 September 7-13, 2012 www.thememphisnews.com

Crittenden, POLITICS Methodist Reach Agreement Election Winners AISLING MAKI | The Memphis News Take Oaths of Office

n an effort to better serve patients and Four winners from Aug. 2 Shelby County general election in place foster financial stability, Crittenden Re- Igional Hospital in West Memphis has entered into a new affiliation and consult- ing agreement with Methodist Le Bonheur BILL DRIES | The Memphis News 1, at the Vasco Smith County Admin- charter change approved by voters in Healthcare. istration Building. Stanton’s win in the 2008 that moved the office to a different Crittenden Regional Hospital, which Aug. 2 general election caps a political election cycle. has served patients from communities in comeback in which the General Ses- Stanton’s office remains in the other Crittenden County and the surrounding he Labor Day weekend served sions Court judges tapped him to serve even-year election cycle. areas of East Arkansas for more than 60 as a political marker for past and as interim clerk after elected clerk Otis As the holiday weekend began, there years, will be publicly identified as an af- Tfuture events in Memphis politics. Jackson was suspended following his in- was another oath of office taken Down- filiate of Methodist Healthcare. The four Shelby County general dictment on official misconduct charges. town. The hospital will have access to Meth- election winners from the Aug. 2 vote are Stanton, whose only previous bid for U.S. District Court Judge John Fowl- odist’s clinical and business best practices officially in office. public office was his 1990 run for Crimi- kes took the oath at City Hall Friday, Aug. and financial expertise, allowing Crit- The newest Shelby County commis- nal Court clerk, then beat Jackson and 31, before a capacity crowd of friends, tenden to provide its patients with more sioner, Steve Basar, took the oath of of- Shelby County Commission Chairman family and local, state and federal efficient, competitively priced services. fice Wednesday, Sept. 5, during commit- Sidney Chism in the March Democratic judges. Fowlkes had already started his Methodist says it will actively assist tee sessions for the legislative body. primary and beat Republican nominee duties last month after taking the oath in Crittenden Regional Hospital in maintain- Shelby County District Attorney Gen- Rick Rout in the August general election. a private ceremony. ing and promoting the best mix of health eral Amy Weirich took the oath of office Shelby County Assessor Cheyenne Fowlkes, who was appointed to the care services for its patient population. Thursday, Aug. 30. Johnson, like Stanton, had concerns a bench by President Barack Obama and It will also assist Crittenden in recruit- “I’ll use my courtroom voice,” Wei- relatively high turnout in the Republican confirmed by the U.S. Senate, is a former ing primary care providers and facilitat- rich, a career prosecutor, said after tak- suburbs for municipal school district Shelby County Criminal Court judge ing greater access to specialty physicians ing the oath from Federal Appeals Court ballot questions might set the stage for appointed to that position by then-Gov. necessary to support health care delivery Judge Julia Gibbons. an upset. But Johnson, a Democrat, Phil Bredesen. He then won the rest of in eastern Arkansas. Weirich pledged her office would be campaigned hard there as well as within the term of office to 2014 in the 2008 “The mission and culture of our “tough but fair.” predominantly Democratic Memphis. elections. organizations are well aligned,” Gary “It’s a tougher road to go down,” she She now looks ahead to the 2013 county- Fowlkes mused about why he put his Shorb, president and CEO of Methodist added as she pledged a consistency in wide property reappraisal. name up for consideration as a federal Le Bonheur Healthcare, said in a written handling cases that asks, “Do we have a Basar, Weirich and Johnson serve judge. statement. reason to do what we’re doing?” two-year terms, while Stanton was “No more elections,” he joked to “By strengthening the affiliation be- “Let us go forward and do the work elected to a full four-year term. laughter from a group of state trial and tween our two organizations, we’ll be able that truth dictates and justice demands,” Basar and Weirich are serving out the appeals court judges who will be run- to take health care in eastern Arkansas to she added at the end with a phrase often remaining terms of incumbents who re- ning in 2014. the next level.” used by attorneys on both sides in their signed and the offices will be on the 2014 The once-every-eight-year ballot that The new agreement strengthens and closing arguments to juries. county ballot for full four-year terms. includes the nonpartisan judicial races expands on an original affiliation and con- General Sessions Court Clerk Ed Johnson’s office is moving to the 2014 is known among politicos as the “big bal- sulting services agreement between the Stanton took his oath Saturday, Sept. election schedule because of a county lot” because of its length. two organizations, signed in 2010. Critten- den Regional Hospital is facing industry, market and financial challenges in line with those faced by community hospitals across the country. LAW & THE COURTS The facility’s leadership sought a partner to strengthen their ability to successfully address those challenges. In 2010, Crittenden’s board of directors chose District, US Attorneys Pooling Efforts Methodist as the partner most able to as- sist the hospital in expanding its ability to BILL DRIES | The Memphis News serve its patients and attract physicians to the community. “Both CRH and Methodist recognize and appreciate the natural affinity of Crit- helby County District Attorney Alcohol Tobacco Firearms and Explo- trafficking of minors often brought to tenden County citizens and the eastern General Amy Weirich and U.S. sives, the unit will use some new tactics. Memphis and the surrounding area by Arkansas medical community toward the SAttorney Ed Stanton are working Those tactics include declaring force. Stanton likens the crime to mod- Methodist delivery network,” Crittenden together on cases that cross the state- areas of high gang activity as gang zones ern day slavery and his office has sought Regional Hospital board chairman David federal boundary for prosecution. where certain gang behavior is prohib- and drawn long sentences for those Rains said in a statement. And the collaboration includes ited. Weirich compares it to the nui- convicted in the last year. That decision was reaffirmed with the several assistant county prosecutors sance court actions her office has taken “West Tennessee has the dubious signing of the new agreement. who work in the U.S. Attorney’s office as against owners of businesses, nightclubs distinction of being one of the leaders Methodist has recruited a new Crit- special assistant U.S. attorneys. and apartment complexes as well as in the country,” he said. “We’re in the tenden Regional Hospital CEO, Eugene K. Weirich and Stanton commented other properties where there is a lot of top two or three in terms of prosecuting Cashman III, who, as a Methodist em- recently on the WKNO TV program crime. these crimes. … It’s in the inner city. It’s ployee, will step into his new role the week “Behind The Headlines,” which is avail- Stanton said federal involvement in suburbia. We’ve seen it in the rural of Oct. 1. able at The Daily News Online, www. means the ability to couple that kind of areas.” His appointment to the CEO post was memphisdailynews.com. action with federal cases that go after Prosecutors from his office and approved by the Crittenden board of direc- The joint efforts continue with the the gangs as crime organizations. Weirich’s office meet on a weekly basis tors at its August meeting. recently announced Multi-Agency Gang “We can take down those kinds of to determine which cases of felons alleg- A native Memphian, Cashman comes Unit. enterprises,” he said. “I think that’s going edly caught with guns will be pursued in from Select Medical Corp. in Columbus, Together with police and Shelby to make a tremendous difference.” federal court. The felons with guns cases Ohio, where he served as CEO of a 186- County Sheriff’s deputies as well as Stanton’s office has made a prior- are a major part of the federal court bed, long-term, acute care facility. agents with the FBI and the Bureau of ity of pursuing adults involved in sex caseload. www.thememphisnews.com September 7-13, 2012 29

Newsmakers Instagram Tapley Ranked on National Realtor List Marketing

Kate Simone | The Memphis News Secrets It’s not often that a company with essentially no revenue sells for nearly a bil- lion dollars, but that’s just what happened Jimmie Tapley of Crye-Leike Realtors has been named the country’s when Facebook wrote the largest check for a 13th most successful residential Realtor by REAL Trends Inc. and The Wall social media network ever this year. So what Street Journal. The ranking is based on the number of real estate agents’ inspired the Facebook founder’s record- closed transactions in 2011. Tapley’s sales was 437 transaction sides. breaking purchase of Instagram? For starters, Instagram has more than 80 Hometown: Marshall, Texas. Parents ye-Leike Realtors and what attract- million users with more than 4 billion user- immigrated to Texas in 1953 fleeing ed you to the company? I started in published photos posted – impressive stats Communist Chinese. February 1992 – 20 years. Attraction for this two-year-old start-up. Many believe was the fact that they were (and still that Zuckerburg (Facebook’s founder) was Work Experience: Employed for 12 are) No. 1 in sales, and we wanted to threatened by Insta- years with The Commercial Appeal give our loyal clients the best we could gram’s growing user advertising department; ranked No. 1 offer. Crye-Leike offered better expo- base and degree of in sales. Worked several years selling sure for our clients and enabled us to service overlap. After radio advertising; received No. 1 rank sell our properties faster due to their all, what Facebook in sales with WRVR 104 FM and WGKX marketing. tapley users like most about KIX 106 FM. Received real estate li- the network is the cense from Tennessee Real Estate What are your goals in the coming Dr. Moon Fenton has joined ability to share pho- Commission in March 1981. Ranked year? To try to stop and smell the ros- West Clinic’s team of medical tos. Once Instagram, No. 1 in closed transactions at Crye- es. We just welcomed our first grand- Lori turner- oncologists and hematologists. wilson which was developed Leike for several years. child – a granddaughter – on Aug. 24. guerrilla sales exclusively for mobile We’re excited to see what all the fuss Morgan Morton has been and marketing users, began adding Family: Married to Bob, college is about being grandparents. awarded the Tennessee Board social media messag- sweetheart since September 1979. of Regents Chancellor’s Award ing capabilities, they were in essence attack- Two sons: Tyler, 28, and Ross, 25. What do you consider your great- for Excellence in Philanthropy. ing Facebook’s weak spot – the strength of its Both are licensed in real estate and est accomplishments? Having two Morton is a graduate of the Uni- mobile app, which most find to be mediocre both graduates of the University of wonderful, successful sons, and that versity of Memphis. at best. Tennessee. I’ve been able to stay married to the Instagram is a photo-sharing program. It same man I met in college. … I know Kevin Stafford has joined allows users to take and doctor photos using How long have you worked with Cr- I’m not an easy person to live with. Churchill Mortgage as Mem- a variety of interesting effects (such as apply- phis branch manager. Stafford, ing futuristic or retro filters), ultimately shar- who previously owned three ing them with others on Instagram, Facebook mortgage companies, will be and Twitter. Instagram users can “like” and responsible for maintaining comment on one another’s photos, similar to day-to-day operations as well as functionality found on Facebook. recruiting and building month- An increasing number of brands are devel- FIRED? FOR WHAT? REALLY? ly closing volumes. oping an Instagram presence, but it was the luxury brands that were the early adopters – Well...... What is “Your” Next Move? UT Medical Group Inc. has brands such as Starbucks, Burberry, Audi and added three physicians: Dr. Mercedes. For these brands, creating an emo- Alinda McGowin, a compre- tional connection with buyers is the name of hensive ophthalmologist spe- the game, and sharing interesting visuals that cializing in adult eye care and allow consumers to imagine how their lives cataracts; Dr. Shiva Nobar, a might change as a result of their products is a pediatric ophthalmologist spe- good start. cializing in strabmismus; and Whether you’re new to Instagram or look- Dr. Byron Wilkes, a specialist ing to get more from your time investment, in plastic and reconstructive follow these tips. surgery of the eye and eyelids. Determine what your readers are most interested in and expect from your brand, and Lisa Veteto has joined Mem- stick with it. phis Consumer Credit Associa- Be careful not to overdo it. Most Instagram tion as executive administrator. users follow fewer than 200 people. So if you post 10 photos in a row, you are in essence Photography by Meredith Fentress-Charleston Dr. Nahum Beard, Dr. Ben- hijacking their feed. That’s a great way to get jamin Mauck and Dr. David “unfollowed.” Spence have joined Campbell Use relevant hashtags. Due to Instagram’s Clinic Orthopaedics. Beard and Attorney Myra Hamilton simplicity, where advanced search features Spence will be in the DeSoto of- aren’t available, it’s essential that you include Power, Boldness, Confidence & Experience fice, and Mauck will be based in relevant hashtags in your photo captions the clinic’s Collierville office. to allow new followers to find you and your ‘ Received a mediation notice from EEOC? photos. Received a right to sue notice from EEOC? Stephanie Clark has joined ‘ If you’re still not sure if your brand is a Baptist Memorial Health Care ‘ Unlawful termination? good fit for Instagram, or even Pinterest, Corp. as system director of here’s food for thought. Photos are twice as ‘ Want to file a charge of discrimination & need help? customer experience and the Center for Education and Orga- likely to be shared via social media than text nizational Development. links. If your brand lends itself to interesting photography and you’re looking for greater (901) 526-1076 Melissa Thomson has been consumer engagement with your brand, these www.yourlawyersforemployment.com promoted to account manager tools may well be worth the time investment at RedRover Sales & Marketing. Lori Turner-Wilson is CEO/Founder of 200 Jefferson Avenue, Suite 750, Memphis, Tennessee Joy Doss has joined as public RedRover Sales & Marketing. relations and events manager, a new position at the company. 30 September 7-13, 2012 www.thememphisnews.com

features

HEALTH CARE & BIOTECH Business of Care Topic of Event Panel of local experts to discuss business of health care at The Daily News seminar

AISLING MAKI | The Memphis News Hospital. Lachina practiced as a pediatrician for pliance Association. The seminar’s keynote speaker will be more than two decades before transition- And Spiegel, board-certified in health Dr. Michael Lachina, chief medical officer ing to health care administration, working care administration and a fellow in the at Saint Francis Healthcare of Memphis at Baptist Health System of East Tennes- American College of Healthcare Execu- n terms of national policy discussion, and Bartlett. see in Knoxville and FirstHealth of the tives, has served as administrator and the current changes in the model Thursday’s discussion will center on Carolinas in Pinehurst, N.C. CEO of Methodist University Hospital in Iand delivery of health care remains the evolving new model of health care Lachina, who completed his under- the Memphis Medical District since 2008. among the most heated and complicated in the United States, including cost, graduate work and medical school at the He holds a Master of Business Admin- of topics. quality and access to care, and how the University of Alabama, holds a Master of istration in Health Care Administration And on Thursday, Sept. 20, a panel new model has become instrumental in Medical Management degree from Tulane from Adelphi University and a bachelor’s of local experts assembled by The Daily driving business decisions for health care University School of Public Health and degree in psychology from the State News will participate in an in-depth organizations. Tropical Medicine. University of New York at New Paltz, and discussion about the health care industry, According to Lachina, the total annual Berry-Buckley leads Lifeblood, a re- previously served as president and chief including challenges, opportunities and expenditure on health care in the U.S. gional, nonprofit, volunteer blood center operating officer of Trumbull Memorial the outlook through 2013. is nearly $2.8 trillion, or more than 17 that each year supplies more than 100,000 Hospital in Ohio. “The Business of Health Care” semi- percent of the nation’s Gross Domestic units of blood to and blood products for Horne LLC and Butler Snow are spon- nar, moderated by The Daily News pub- Product, and is expected to top 20 percent patient transfusion. sors of Thursday’s seminar. lisher Eric Barnes, will begin at 3:30 p.m. by 2020. Burke specializes in the areas of health The next seminar presented by The in the auditorium of the Memphis Brooks The per capita costs of health care care law, regulatory compliance counsel Daily News will be its “Commercial Real Museum of Art, 1934 Poplar Ave. in the U.S. is about $7,960 per year, the and advice, and government investiga- Estate Review & Forecast” Nov. 1, which Panelists for the event are Susan highest of all industrialized countries and tions. She’s a member of the American will examine how commercial real estate Berry-Buckley, president and CEO of about twice that of most countries. Health Lawyers Association, Medical has fared during 2012 and a preview of Lifeblood; Denise Burke, an attorney with The seminar discussion will touch on Group Managers Association, Health- industry expectations for 2013. Butler, Snow, O'Mara, Stevens & Cannada the impact of the Affordable Care Act and care Financial Management Association, To register for upcoming seminars, PLLC; and Kevin M. Spiegel, CEO and the Supreme Court’s ruling on health care American Health Information Manage- visit http://seminars.memphisdailynews. administrator at Methodist University reform. ment Association, and Health Care Com- com.

happenings

Central Station Pavilion, Methodist North Hospital will hold a stroke Memphis Botanic Garden will hold Farmers’ 545 G.E. Patterson Ave. at support group meeting for survivors and care- Market at the Garden Wednesday, Sept. 12, Memphis Heritage will host Polo for South Front Street. Visit www. givers Tuesday, Sept. 11, at 2 p.m. in day room from 2 p.m. to 6 p.m. at 750 Cherry Road. Visit Preservation Saturday, Sept. 8, at 2 p.m. at memphisfarmersmarket.org one at HealthSouth Rehabilitation, 4100 Austin memphisbotanicgarden.com. for more information. Peay Highway. Visit methodisthealth.org or call Memphis Polo Club, 2650 Stinson Road in Connie Holland at 516-5646. Madison Hotel will continue its 2012 Sunset »Rossville. Other events include a scotch tasting The Booksellers at Laurel- Atop the Madison series Thursday, Sept. 13, wood will host a signing for Baptist Women’s Hospital will continue a from 7 p.m. to 11 p.m. at the hotel, 79 Madison and an antique car show. Proceeds benefit Velma Benson-Wilson, au- wellness seminar series with “Drug Informa- Ave. Cost is $7. For details, call 333-1200. Memphis Heritage. Visit memphisheritage.org. thor of “What’s in the Water,” tion: Of Course it’s True; I Got it Off the Internet” Saturday, Sept. 8, from Tuesday, Sept. 11, at 6 p.m. at the Benjamin L. 1 p.m. to 2 p.m. at the Hooks Central Library, 3030 Poplar Ave. Cost is » the arts bookstore, 387 Perkins Road free. Contact Diane Jalfon at djalfon@memphis- Dixon Gallery & Gardens will host the Art on Community Extended. Visit thebooksell- libraryfoundation.org or 415-2831. » ersatlaurelwood.com. Tap 2012 beer-tasting Friday, Sept. 7, from 6 Memphis Botanic Garden will hold an opening The Apartment Association of Greater p.m. to 9 p.m. at Dixon, 4339 Park Ave. The reception for the 2012 Japanese Bon Festival Winestock II 2012, benefiting The Navy-Marine Memphis will hold a breakfast seminar titled event will also include music and food. Buy tick- Friday, Sept. 7, from 5:30 p.m. to 8 p.m. at MBG, Corps Relief Society and hosted by Old Milling- “Collecting Receivables in Today’s Economy” ets at dixon.org or call 761-5250, ext. 100. 750 Cherry Road. The event will celebrate the ton Winery, will be held Sunday, Sept. 9, from 2 Wednesday, Sept. 12, at 8:30 a.m. at AAGM’s 100th anniversary of the gift of cherry trees p.m. to 7 p.m. at the winery, 6748 Old Millington offices, 5384 Poplar Ave., suite 320. Attorney Ballet Memphis will host a launch party for from Japan. Cost is $20 for members and $25 Road. Admission is $5. Call 873-4114. David Mendelson will speak. Cost is free, but its 25th season Saturday, Sept. 8, at 7 p.m. for nonmembers, and reservations are required. space is limited. R.S.V.P. to Robin Riggins at rig- at its studios, 7950 Trinity Road. The event Call 636-4131. The Memphis chapter International Associa- [email protected] or 685-9108. will include a showcase costumes from Ballet tion of Administrative Professionals will Memphis’ 25-year history. Visit balletmemphis. The Rudi E. Scheidt School of Music will meet Monday, Sept. 10, at 6 p.m. at the Hilton Talk Shoppe will meet Wednesday, Sept. 12, org for tickets. host a concert by violinist Dale Barltrop, cellist Memphis, 939 Ridge Lake Blvd. The group will from 9 a.m. to 10 a.m. at the Better Business Joshua Roman and pianist Victor Asuncion celebrate its 70th anniversary. Cost is $22. Bureau, 3693 Tyndale Ave. Jason Lawhon Gallery Ten Ninety One will hold an artist’s Saturday, Sept. 8, at 7:30 p.m. in the University R.S.V.P. to Sharon Gardner at sharon.gardner@ of Lawhon Landscaping Design will present reception for Lisa Williamson’s “Postcards From of Memphis Harris Concert Hall, 3775 Central asentinel.com or 753-6213. budget-friendly landscaping tips. Cost is free. My Summer Vacation” Sunday, Sept. 9, from 2 Ave. Cost is free. Visit memphis.edu/music for Visit talkshoppe.biz. p.m. to 4 p.m. at the WKNO Digital Media Cen- details. The Church Health Center/MIFA Farmers ter, 7151 Cherry Farms Road. The exhibit runs Market will be open Tuesday, Sept. 11, from 10 Rotary Club of Memphis East will meet through Sept. 28. Call 458-2521. The 2012 FedEx Rock-N-Roll Bike MS Tour a.m. to 2 p.m. at Church Health Center Wellness, Wednesday, Sept. 12, at noon at the Racquet benefiting the National Multiple Sclerosis So- 1115 Union Ave. Visit churchhealthcenter.org. Club of Memphis, 5111 Sanderlin Drive. William Playhouse on the Square will present “Le- ciety Mid-South chapter will be held Saturday, Troutt of Rhodes College will speak. Cost is $17. gally Blonde: The Musical” through Sept. 9 at Sept. 8, and Sunday, Sept. 9, starting at Landers Forest Hill Funeral Home and Cemeteries will R.S.V.P. to Lee Hughes at lmhughes@bellsouth. Playhouse, 66 S. Cooper St. Visit playhouseon- Center, 4560 Venture Drive in Southaven, and hold a Sept. 11 memorial service Tuesday, Sept. net. thesquare.org for times and tickets. going to Gold Strike Casino Resort in Tunica. 11, from 10:30 a.m. to 12:30 p.m. in its Bartlett The routes range from 43 miles to 100 miles. chapel, 2440 Whitten Road. Shelby County Kiwanis Club of Memphis will meet Wednes- Germantown Community Theatre will present Visit msmidsouth.org. Sheriff Bill Oldham will speak, and Forest Hill will day, Sept. 12, from noon to 1 p.m. at The “Steel Magnolias” Sept. 14 to Sept. 30 at the dedicate a memorial to be placed it its garden. Peabody hotel, 149 Union Ave. Cost is $25 for theater, 3037 Forest Hill-Irene Road. For more The Memphis Farmers Market will be open Visit foresthillfh.com. nonmembers. information, visit germantowncommunitythe- Saturday, Sept. 8, from 7 a.m. to 1 p.m. at atre.org or call 754-2680. www.thememphisnews.com September 7-13, 2012 31

Week of 8/27/12 - 9/2/12

crosswords The Weekly

Crossword Edited by Margie E. Burke The Weekly Crossword by Margie E. Burke ACROSS 1234 56789 10 11 12 13

1 Cathedral nook 14 15 16 5 Rose extract 10 Chart toppers 17 18 19

14 Marsh plant 20 21 22 15 Military attack 16 Land unit 23 24 25

17 "A History of 26 27 28 29 30 31 32 33 Violence" actress 34 35 36 37

19 ____ there, 38 39 40 41 42 done that 20 Horse house 43 44 45 46 47

21 Uneven 48 49 50 51 23 End of a win- ning streak 52 53 54

25 Took off 55 56 57 58 59 60 61 62 26 Like some ballots 63 64 65 30 Queasy feeling 66 67 68 34 Stir-fry pan 35 Narrow canyon 69 70 71 37 Communion plate 38 Kind of lily Copyright 2012 by The Puzzle Syndicate 40 Cane product 3 Word sung 41 Sink in 56 Feverish chill 42 Lie in wait twice after 44 Had been 57 Outta here 43 Hubby's mom, "Que" 46 Hail's kin 58 Thunder sound for one 4 Fit to be tried? 49 Ceremonial act 60 The Bee Gees, 45 Exodus leader 5 Danger in old 51 Apprentice e.g. 47 Zilch homes doctor 61 Camera part 48 Penn pal 6 Even score 53 Burn a bit 62 Upper hand 50 Victoria's 7 Spill the beans 55 Clay-rich soil 65 Biblical evictee Secret offering 8 Shining 52 Pupil's locale 9 Look into again, 54 Property claim as a case 55 Type of 10 Like some attraction drinkers 59 Resolve out of 11 Type of tea Answer to Last Week's Crossword court 12 Birch or beech SETTER ASSERT 63 Keyed up 13 E-mail button T I NWA R E L I TTERS 64 Illiterate 18 Moving right ANTE I NG OPENSUP 66 Old Germanic ____.... letters 22 Clothing closure RARE SAGE LAPSE 67 Tequila source 24 Venum antidote ST I NG REVUE ETC 68 Wedding band 26 Watch for ARE OOD L ES ALES 69 Lusty look 27 Endured LASTUP RABBLE 70 Biblical outcast 28 Jolly Roger's AGES ABLE 71 Cyrano's imageWeek of 8/27/12S I- LENT9/2/12 LAD I DA famous feature 29 Encourage MANE ERASER CID 31 Scammed APT F R OWN EMEND DOWN 32 Spine-tingling N I ECE LEAS AONE 1 Hemingway's "A 33 Sprain site GENERAL POPOVER Farewell to ___" 36 Artist's stand ENSLAVE ADORERS 2 Gardening moss 39 Shirk work TELLER TAP I RS

Sudoku Edited by Margie E. Burke  Edited by Margie E. Burke Difficulty : Medium 12n-3p HOWHOW TO TO SOLVE: PLAY Each row must contain the  numbers 1 to 9; each column must contain the numbers 1  to 9; and each set of 3 by 3 boxes must contain the   numbers 1 to 9.     Answer to Last Week's Sudoku                                   Copyright 2012 by The Puzzle Syndicate  32 September 7-13, 2012 www.thememphisnews.com 32 September 7-13, 2012 www.thememphisnews.com

publicpublic noticesnotices

MORE PARTICULARLY DESCRIBED AS THIS CONVEYANCE IS MADE SUB- notice of sale. governmental agency, state or federal; Foreclosure Notices FOLLOWS: JECT TO ALL APPLICABLE RESTRIC- Weissman Nowack Curry & Wilco, PC any prior liens or encumbrances as well Madison County BEGINNING AT A POINT IN THE TIONS, EASEMENTS, BUILDING SET- One Alliance Center, 4th Floor as any priority created by a fixture -fil SOUTH MARGIN OF QUAIL COVE, BACK LINES AND CONDITIONS OF 3500 Lenox Road ing; and to any matter that an accurate SAID POINT BEING THE NORTHEAST RECORD IN SAID REGISTER’S OFFICE. Atlanta, GA 30326 survey of the premises might disclose. CORNER OF LOT NO. 33 IN SECTION SUBJECT TO EASEMENTS OF (866) 960-8298 In addition, the following parties may NOTICE OF FORECLOSURE SALE 7-A OF CHEROKEE HEIGHTS SUBDIVI- RECORD IN BOOK P3, PAGE 261, IN File #: 012881 claim an interest in the above-referenced MADISON COUNTY, STATE OF TEN- SION, A PLAT OF WHICH APPEARS OF THE REGISTER’S OFFICE OF MADISON Aug. 25, Sept. 1, 8, 2012 Fhn11298 property: Sandra Myers a/k/a Sandra NESSEE RECORD IN PLAT BOOK 3 AT PAGE COUNTY, TENNESSEE. L. Myers; City of Jackson THIS IS AN ATTEMPT TO COLLECT A 261, IN THE REGISTER’S OFFICE OF SUBJECT TO RESTRICTIONS OF NOTICE OF TRUSTEE’S SALE The sale held pursuant to this Notice DEBT. ANY INFORMATION OBTAINED MADISON COUNTY, TENNESSEE, AND RECORD IN BOOK P3, PAGE 261, IN WHEREAS, default has occurred in the may be rescinded at the Successor WILL BE USED FOR THAT PURPOSE. RUNS THENCE EAST, WITH THE SOUTH THE REGISTER’S OFFICE OF MADISON performance of the covenants, terms, Trustee’s option at any time. The right Default has been made in the terms, MARGIN OF QUAIL COVE 83 FEET TO A COUNTY, TENNESSEE. and conditions of a Deed of Trust Note is reserved to adjourn the day of the conditions and payments provided for POINT; THENCE IN A SOUTHEASTERLY For informational purposes only, this dated April 23, 2004, and the Deed of sale to another day, time, and place in that certain Deed of Trust dated April DIRECTION ALONG A CURVE TO THE property is commonly known as 4 Quail Trust of even date securing the same, certain without further publication, upon 19, 2007, of record in Deed Book/ RIGHT, HAVING A RADIUS OF 16 FEET, Cove, Jackson, TN 38305, Parcel ID recorded May 4, 2004, at Book T1579, announcement at the time and place Page Number T1796/305, Instrument A DISTANCE OF 25.13 FEET TO A POINT 0560 E 00914 000. Page 27 in Office of the Register of Deeds for the sale set forth above. W&A No. 07006727, Register’s Office for Madi- IN THE WEST MARGIN OF FLINT DRIVE, The property shall be free from all right for Madison County, Tennessee, ex- 702‑190430 son County, Tennessee, from Raymond THENCE IN A SOUTHERLY DIRECTION, and equity of redemption, statutory or ecuted by Sandra Myers a/k/a Sandra L. DATED August 28, 2012 Earl Morton (Borrower) to SKYLINE TITLE WITH THE WEST MARGIN OF FLINT DRIVE otherwise, homestead, dower, curtesy, Myers, conveying certain property therein WILSON & ASSOCIATES, P.L.L.C., & ESCROW LLC (Trustee) for the benefit AND THE CURVE THEREOF, 78.54 FEET elective share, and all other exemptions described to American Title Company, Successor Trustee of MORTGAGE ELECTRONIC REGISTRA- TO A POINT; THENCE WEST 95 FEET that are expressly waived in said Deed of Inc. as Trustee for Mortgage Electronic FOR SALE INFORMATION, VISIT WWW. TION SYSTEMS, INC., AS NOMINEE FOR TO AN EASTERN CORNER OF LOT NO. Trust, and the title is believed to be good, Reistration Registration Systems, Inc. as MYFIR.COM and WWW.REALTYTRAC. EQUIFIRST CORPORATION (Lender), 44; THENCE NORTH 02 DEGREES 36 but the Successor Trustee will sell and nominee for United Financial Mortgage COM securing the Note/indebtedness therein MINUTES WEST, WITH THE EAST LINE convey only as Successor Trustee, “as Corp., its successors and assigns; and Aug. 31, Sept. 7, 14, 2012 Fhn11313 described, the entire Note/indebted- OF LOT NO. 44, 44.59 FEET TO A POINT; is” and “where is” and without covenants the undersigned, Wilson & Associates, ness having been declared in default THENCE NORTH, WITH THE EAST LINE of seizin or warranties of title. P.L.L.C., having been appointed Suc- NOTICE OF FORECLOSURE SALE and immediately due and payable by the OF LOT NO. 44, 50 FEET TO THE POINT Listing of Subordinate Lienholders: cessor Trustee. MADISON COUNTY, STATE OF TEN- lawful owner and holder thereof. OF BEGINNING; BEING LOT NO. 43 IN N/A NOW, THEREFORE, notice is hereby NESSEE SABR MORTGAGE LOAN 2008-1 REO SECTION 7-A OF CHEROKEE HEIGHTS Listing of Other Interested Parties: given that the entire indebtedness has THIS IS AN ATTEMPT TO COLLECT A SUBSIDIARY-1 LLC (Holder), now be- SUBDIVISION. N/A been declared due and payable; and DEBT. ANY INFORMATION OBTAINED ing the present owner/holder of said STATEMENT REQUIRED BY T.C.A. This sale is subject to liens; easements; that an agent of Wilson & Associates, WILL BE USED FOR THAT PURPOSE. indebtedness, has now requested that 66-24-121; THE FOREGOING LEGAL encumbrances; property taxes; rights of P.L.L.C., as Successor Trustee, by virtue Default has been made in the terms, foreclosure proceedings be instituted, DESCRIPTION IS THE SAME CONTAINED redemption of taxing entities; all mat- of the power, duty, and authority vested conditions and payments provided for and said Holder has appointed the firm IN THE PREVIOUS DEED OF RECORD. ters shown on any recorded plan(s) or in and imposed upon said Successor in that certain Deed of Trust dated listed below as Successor Trustee under TAX ID: 56-0-E-9.14. plat(s); any unpaid taxes; any restrictive Trustee will, on September 27, 2012 on February 06, 2007, of record in Deed said Deed of Trust, by an instrument PROPERTY ADDRESS: 4 QUAIL covenants, easements or setback lines or about 11:00 A.M., at the Madison Book/Page Number T1789/340, In- duly recorded in the aforesaid records, COVE, JACKSON, TENNESSEE 38305, that may be applicable; any statutory County Courthouse, Jackson, Tennes‑ strument 07002392, Register’s Office to serve in the place and stead of the MADISON COUNTY. rights of redemption of any governmental see, offer for sale certain property here- for Madison County, Tennessee, from aforementioned Trustee. Notice of the BEING THE SAME PROPERTY CON- agency, state or federal; any prior liens inafter described to the highest bidder Trevis Thompson and Robbie Thompson Right to Foreclose was sent to the Bor- VEYED TO RAYMOND EARL MORTON BY or encumbrances as well as any priority FOR CASH, free from the statutory right (Borrower) to NLC, INC. (Trustee) for rower by letter dated May 07, 2012. QUIT CLAIM DEED FROM TONI MORTON created by a fixture filing; any matter that of redemption, homestead, dower, and the benefit of MORTGAGE ELECTRONIC NOW, THEREFORE, said Successor WILLIAMSON, DATED 06/16/06 AND an accurate survey of the premises might all other exemptions which are expressly REGISTRATION SYSTEMS, INC., AS Trustee, or agent thereof, pursuant RECORDED 06/26/06, FILED OF RE- disclose; and other matters which are waived in the Deed of Trust, said property NOMINEE FOR FIRST NLC FINANCIAL to said Deed of Trust, having been CORD IN BOOK 681, PAGE 1776, IN prior in right to the lien of the aforesaid being real estate situated in Madison SERVICES, LLC (Lender), securing the requested by the Holder so to do, and THE REGISTER’S OFFICE OF MADISON Deed of Trust. County, Tennessee, and being more Note/indebtedness therein described, by virtue of the authority and power COUNTY. TENNESSEE. If a high bidder fails to close a sale, particularly described as follows: the entire Note/indebtedness having vested in said Successor Trustee by FURTHER BEING THE SAME PROP- the Successor Trustee shall have the Lot Number 118 in Section 3 of the been declared in default and immediately said Deed of Trust, will on September ERTY CONVEYED TO RAYMOND EARL option of making the sale to the next Subdivision of the Bemis Company. due and payable by the lawful owner and 18, 2012 at 1:00 p.m., at the usual MORTON AND WIFE, TONI MORTON highest bidder. The sale held pursuant ALSO KNOWN AS: 206 North Mas‑ holder thereof. and customary location at the Madison BY WARRANTY DEED FROM OLLIE MI- to this Notice may be rescinded at sachusetts Street, Jackson, Tennes‑ DEUTSCHE BANK NATIONAL TRUST County, Tennessee, Courthouse, sell at CHAEL PATRICK AND WIFE, ELIZABETH the Successor Trustee’s option at any see 38301 COMPANY, AS TRUSTEE FOR MORGAN public outcry to the highest bidder for ANN PATRICK, DATED 07/22/92 AND time. The right is reserved to adjourn The HB 3588 letter was mailed to STANLEY STRUCTURED TRUST I 2007-1 cash (or credit upon the indebtedness RECORDED IN BOOK 520, PAGE 786, the sale to another day, time and/or the borrower(s) pursuant to Tennessee ASSET-BACKED CERTIFICATES, 2007-1 secured if the lawful owner and holder IN SAID REGISTER’S OFFICE. place certain without further publication, Code Annotated 35-5-117. This sale is (Holder), now being the present owner/ thereof is the successful purchaser), the THE ABOVE LEGAL DESCRIPTION upon announcement at the time and subject to all matters shown on any ap- holder of said indebtedness, has now following-described property: IS THE SAME AS THE LAST DEED OF place for the sale set forth above, or at plicable recorded plat; any unpaid taxes; requested that foreclosure proceed- SITUATED IN THE SIXTH WARD RECORD, NO BOUNDARY SURVEY HAV- any date and time fixed by a preceding any restrictive covenants, easements, or ings be instituted, and said Holder OF THE CITY OF JACKSON, MADISON ING BEEN MADE AT THE TIME OF THIS postponement. Alternatively, at its op- setback lines that may be applicable; has appointed the firm listed below as COUNTY, TENNESSEE, AND BEING CONVEYANCE. tion, Successor Trustee may give a new any statutory rights of redemption of any Successor Trustee under said Deed of www.thememphisnews.com September 7-13, 2012 33 www.thememphisnews.com September 7-13, 2012 33

public noticesnotices

Trust, by an instrument duly recorded in Weissman Nowack Curry & Wilco, PC DEUTSCHE BANK NATIONAL TRUST OSI Funding, LLC Related Info the aforesaid records, to serve in the One Alliance Center, 4th Floor COMPANY, AS TRUSTEE UNDER POOL- C/O Alan Kleiman place and stead of the aforementioned 3500 Lenox Road ING AND SERVICING AGREEMENT DATED P.O. Box 17235 Trustee. Notice of the Right to Foreclose Atlanta, GA 30326 AS OF FEBRUARY 15, 2004 EQUIFIRST Memphis, TN 38187 Also read our daily edition, The Daily was sent to the Borrower by letter dated (866) 960-8298 MORTGAGE LOAN TRUST 2004-1 ASSET- Listing of Other Interested Parties: News, in print or online every business May 30, 2012. File #: 013535 BACKED CERTIFICATES, SERIES 2004-1 N/A day for public notices for Memphis & NOW, THEREFORE, said Successor Sept. 7, 14, 21, 2012 Fhn11314 (Holder), now being the present owner/ This sale is subject to liens; easements; Shelby County. Trustee, or agent thereof, pursuant holder of said indebtedness, has now encumbrances; property taxes; rights of Go to www.memphisdailynews.com or to said Deed of Trust, having been re- NOTICE OF TRUSTEE’S SALE requested that foreclosure proceed- redemption of taxing entities; all mat- call 683.NEWS for more information. quested by the Holder so to do, and by WHEREAS, default has occurred ings be instituted, and said Holder ters shown on any recorded plan(s) or virtue of the authority and power vested in the performance of the covenants, has appointed the firm listed below as plat(s); any unpaid taxes; any restrictive in said Successor Trustee by said Deed terms, and conditions of a Deed of Trust Successor Trustee under said Deed of covenants, easements or setback lines of Trust, will on October 02, 2012 at Note dated August 17, 2001, and the Trust, by an instrument duly recorded in that may be applicable; any statutory 1:00 p.m., at the usual and customary Deed of Trust of even date securing the the aforesaid records, to serve in the rights of redemption of any governmental location at the Madison County, Tennes- same, recorded August 22, 2001, at place and stead of the aforementioned agency, state or federal; any prior liens see, Courthouse, sell at public outcry Book T1316, Page 268 in Office of the Trustee. Notice of the Right to Foreclose or encumbrances as well as any priority to the highest bidder for cash (or credit Register of Deeds for Madison County, was sent to the Borrower by letter dated created by a fixture filing; any matter that Misc. Notices upon the indebtedness secured if the Tennessee, executed by Karen F. Earl June 11, 2012. an accurate survey of the premises might lawful owner and holder thereof is the and Wendell Earl, conveying certain NOW, THEREFORE, said Successor disclose; and other matters which are Shelby County successful purchaser), the following- property therein described to NLC, Trustee, or agent thereof, pursuant prior in right to the lien of the aforesaid described property: Inc. as Trustee for First NLC Financial to said Deed of Trust, having been re- Deed of Trust. BEGINNING AT AN IRON PIN ON THE Services, LLC; and the undersigned, quested by the Holder so to do, and by If a high bidder fails to close a sale, NOTICE OF SALE WEST MARGIN OF BUTTONWOOD DRIVE Wilson & Associates, P.L.L.C., having virtue of the authority and power vested the Successor Trustee shall have the PODS of Memphis, LLC hereby publishes (25 FEET AT RIGHT ANGLES FROM CEN- been appointed Successor Trustee. in said Successor Trustee by said Deed option of making the sale to the next notice, as required Tennessee Self- TERLINE) AT THE SOUTHEAST CORNER NOW, THEREFORE, notice is hereby of Trust, will on October 02, 2012 at highest bidder. The sale held pursuant Service Storage Facility Act (TN Stat. OF LOT 413, SECTION IV, SYCAMORE given that the entire indebtedness has 1:00 p.m., at the usual and customary to this Notice may be rescinded at 66-31-101- 66-31-107) of a public sale BEND SUBDIVISION, AS RECORDED IN been declared due and payable; and location at the Madison County, Tennes- the Successor Trustee’s option at any of the property listed below to satisfy a PLAT BOOK 5, PAGE 181 IN THE REG- that an agent of Wilson & Associates, see, Courthouse, sell at public outcry time. The right is reserved to adjourn landlords lien. All sales are for cash to ISTER’S OFFICE OF MADISON COUNTY, P.L.L.C., as Successor Trustee, by virtue to the highest bidder for cash (or credit the sale to another day, time and/or the highest bidder and are considered TENNESSEE; THENCE WITH THE WEST of the power, duty, and authority vested upon the indebtedness secured if the place certain without further publication, final PODS of Memphis, LLC reserves MARGIN OF BUTTONWOOD DRIVE in and imposed upon said Successor lawful owner and holder thereof is the upon announcement at the time and the right to reject any bids Auction is to SOUTH A DISTANCE OF 90 FEET TO A Trustee will, on October 4, 2012 on successful purchaser), the following- place for the sale set forth above, or at be located at: 3409 Democrat Road, POINT IN A CULVERT AT THE NORTHEAST or about 11:00 A.M., at the Madison described property: any date and time fixed by a preceding Memphis TN 38118 and will be held CORNER OF LOT 411; THENCE WITH County Courthouse, Jackson, Tennes‑ BEGINNING AT A POINT IN THE WEST postponement. Alternatively, at its op- Wednesday, September 12, 2012 at THE NORTH LINE OF LOT 411 WEST A see, offer for sale certain property here- MARGIN OF NORTH ROYAL STREET, tion, Successor Trustee may give a new 2:00 PM. CUSTOMER CONTAINER# DISTANCE OF 190 FEET TO AN IRON inafter described to the highest bidder WHICH POINT IS THE SOUTHEAST COR- notice of sale. Carter, Loucinda 126A33; Grant, PIN AT THE SOUTHEAST CORNER OF FOR CASH, free from the statutory right NER OF THIS LOT AND THE NORTHEAST Weissman Nowack Curry & Wilco, PC Vanessa 305B33; McPherson, Barry SECTION II; THENCE WITH THE EAST of redemption, homestead, dower, and CORNER OF LOT #4 OF AFORESAID One Alliance Center, 4th Floor 248B33; Percer, Donna F. 114A33; LINE OF SECTION II NORTH A DISTANCE all other exemptions which are expressly SUBDIVISION; THENCE, FROM THE 3500 Lenox Road Sutton, Herbert 463B33; Townsend, OF 90 FEET TO AN IRON PIN AT THE waived in the Deed of Trust, said property POINT OF BEGINNING AND WITH THE Atlanta, GA 30326 Annie R 240A33. Contents include but SOUTHWEST CORNER OF LOT 413; being real estate situated in Madison NORTH LINE OF SAID LOT #4, NORTH (866) 960-8298 are not limited to: Household items, THENCE WITH THE SOUTH LINE OF LOT County, Tennessee, and being more 86 DEGREES 00 MINUTES 00 SECONDS File #: 012947 books, exercise equipment, stereo 413 EAST A DISTANCE OF 190 FEET TO particularly described as follows: WEST 200.00 FEET TO THE SOUTHWEST Sept. 8, 15, 22, 2012 Fhn11316 equipment and more. THE POINT OF BEGINNING. BEING LOT Being Lot No. Seven, Section 1, CORNER OF THE HEREIN DESCRIBED Sept. 1, 8, 2012 Mhn11304 412, SECTION IV, SYCAMORE BEND Hickory Hills Subdivision, a plat of LOT; THENCE, NORTH 100.00 FEET TO SUBDIVISION PLATTED AS AFORESAID, which appears of record in Plat Book THE SOUTHWEST CORNER OF LOT #2 AS SURVEYED BY DAVID HALL LAND 3, Page 311, in the Register’s Office OF AFORESAID SUBDIVISION; THENCE, SURVEYING COMPANY ON JUNE 13, of Madison County, Tennessee. WITH THE SOUTH LINE OF SAID LOT 1991. (LEGAL DESCRIPTION TAKEN ALSO KNOWN AS: 64 Hickory Hill #2, SOUTH 86 DEGREES 00 MINUTES FROM PRIOR DEED.) Drive, Jackson, Tennessee 38305 00 SECOND EAST 200.00 FEET TO BEING THE SAME REAL ESTATE The HB 3588 letter was mailed to THE WEST MARGIN OF NORTH ROYAL CONVEYED TO TREVIS THOMPSON AND the borrower(s) pursuant to Tennessee STREET; THENCE, WITH THE WEST MAR- WIFE, ROBBIE THOMPSON, BY DEED Code Annotated 35-5-117. This sale is GIN OF NORTH ROYAL STREET, SOUTH OF RECORD IN DEED BOOK 685, PAGE subject to all matters shown on any ap- 100.00 FEET TO THE POINT OF BEGIN- 1946, IN THE REGISTER’S OFFICE FOR plicable recorded plat; any unpaid taxes; NING, AND BEING LOT #3 OF VIRGIL MADISON COUNTY, TENNESSEE. any restrictive covenants, easements, or GARDNER SUBDIVISION NO. 1 A PLAT For informational purposes only, this setback lines that may be applicable; OF WHICH APPEARS OF RECORD IN PLAT property is commonly known as 312 any statutory rights of redemption of any BOOK 2, PAGE 67, REGISTER’S OFFICE, The Memphis News Buttonwood Drive, Jackson, TN 38305, governmental agency, state or federal; MADISON COUNTY, TENNESSEE. Parcel ID 043C C 01200 000000. any prior liens or encumbrances as well For informational purposes only, this The property shall be free from all right as any priority created by a fixture -fil property is commonly known as 1515 and equity of redemption, statutory or ing; and to any matter that an accurate North Royal Street, Jackson, TN 38301, otherwise, homestead, dower, curtsey, survey of the premises might disclose. Parcel ID 065J C 04400 000. elective share, and all other exemptions In addition, the following parties may The property shall be free from all right that are expressly waived in said Deed of claim an interest in the above-referenced and equity of redemption, statutory or Call 683-NEWS Trust, and the title is believed to be good, property: Karen F. Earl; Wendell Earl otherwise, homestead, dower, courtesy, but the Successor Trustee will sell and The sale held pursuant to this Notice elective share, and all other exemptions convey only as Successor Trustee, “as may be rescinded at the Successor that are expressly waived in said Deed of is” and “where is” and without covenants Trustee’s option at any time. The right Trust, and the title is believed to be good, of seizing or warranties of title. is reserved to adjourn the day of the but the Successor Trustee will sell and Listing of Subordinate Lienholders: sale to another day, time, and place convey only as Successor Trustee, “as Joel Juta Chow and Julie Amelia Chow certain without further publication, upon is” and “where is” and without covenants C/O Charles R. Pettigrew, Attorney announcement at the time and place of seizing or warranties of title. at Law for the sale set forth above. W&A No. Listing of Subordinate Lienholders: 250 North Parkway, Suite 25 845‑204081/845‑43015 Jackson, TN 38305 DATED September 5, 2012 Listing of Other Interested Parties: WILSON & ASSOCIATES, P.L.L.C., N/A Successor Trustee This sale is subject to liens; easements; FOR SALE INFORMATION, VISIT WWW. encumbrances; property taxes; rights of MYFIR.COM and WWW.REALTYTRAC. redemption of taxing entities; all mat- COM ters shown on any recorded plan(s) or Sept. 7, 14, 21, 2012 Fhn11317 WHO ARE YOU WATCHING? plat(s); any unpaid taxes; any restrictive covenants, easements or setback lines NOTICE OF FORECLOSURE SALE that may be applicable; any statutory MADISON COUNTY, STATE OF TEN- rights of redemption of any governmental NESSEE WHAT ARE YOU WATCHING? agency, state or federal; any prior liens THIS IS AN ATTEMPT TO COLLECT A or encumbrances as well as any priority DEBT. ANY INFORMATION OBTAINED created by a fixture filing; any matter that WILL BE USED FOR THAT PURPOSE. ARE YOU WATCHING? an accurate survey of the premises might Default has been made in the terms, WHERE disclose; and other matters which are conditions and payments provided for prior in right to the lien of the aforesaid in that certain Deed of Trust dated Deed of Trust. September 26, 2003, of record in Deed WHEN ARE YOU WATCHING? If a high bidder fails to close a sale, Book/Page Number T1527 (Re-recorded the Successor Trustee shall have the T1533)/256 (Re-recorded 853), Reg- Sign up now to have The Daily News search through thousands option of making the sale to the next ister’s Office for Madison County, Ten- of NEW home sales, loans, lawsuits, tax liens, bankruptcies, highest bidder. The sale held pursuant nessee, from Reba Mae Hardy A/K/A to this Notice may be rescinded at Reba Mae Groce and John William Hardy foreclosure notices, news articles and much more. the Successor Trustee’s option at any (Borrower) to LARRY A. WEISSMAN time. The right is reserved to adjourn (Trustee) for the benefit of MORTGAGE the sale to another day, time and/or ELECTRONIC REGISTRATION SYSTEMS, place certain without further publication, INC., AS NOMINEE FOR EQUIFIRST COR- upon announcement at the time and PORATION (Lender), securing the Note/ place for the sale set forth above, or at indebtedness therein described, the any date and time fixed by a preceding entire Note/indebtedness having been www.memphisdailynews.com postponement. Alternatively, at its op- declared in default and immediately due tion, Successor Trustee may give a new and payable by the lawful owner and notice of sale. holder thereof. 34 September 7-13, 2012 www.thememphisnews.com

opinion

Fix Needed For Continuing Pull a Plane for Special Kids

Last week we discussed Calvary equip them with techniques to bring their Election Woes in County Rescue Mission, which is an independent, child to his or her full potential. Their Play- Christian organization focused on provid- Do-Learn Preschool is a curriculum-based he dust has settled from proof there should be some standard ing temporary shelter, food and clothing program with a low student to teacher the Aug. 2 elections. And to correct problems that affect the elec- to homeless men in need. This week let ratio that is specially designed for children this seems a good time tion as a whole, not just one race. us highlight a local nonprofit that provides between the ages of 18 months and 36 to take stock of the situ- State law should address and em- family centered programs and services that months. Speech-language pathologists as- ation. brace the idea that every vote counts. address the unique abilities and challenges sess and help children in four main areas of Two lawsuits have It would be nice if there could be of young children with special development: receptive language Tbeen filed in Shelby County Chan- bipartisan agreement to an examina- needs: Special Kids and skills, expressive language skills, cery Court contesting the results. A tion of the premise by which we seek to Families. oral-motor skills, and feeding state investigation is under way. Work remedy election problems – intentional Special Kids and Families skills. The organization also of- continues by the Shelby County Elec- and unintentional – under the law. (SK&F) is an early intervention fers a number of developmental tion Commission on a corrected voter But we aren’t hopeful based on agency serving children from therapy and at-home instruction database that it now admits was wrong repeated attempts by those who lose birth to age 3. The organiza- services, along with support during the July early voting period and to raise “black box” issues that are a tion was founded in 1986 by programs, like Early On. on election day and beyond. diversion from the real source of the a group of parents who had Jeremy Park SK&F does not charge for This was an election in which the problem in our own backyard. babies with developmental giving back most of its services, so they rely candidates were overshadowed by The issue isn’t the technology. disabilities and wanted to be upon participation and support problems at the polls. And there is a It is a group of people who have trained by professionals to learn techniques from our citizens and corporations. They well-worn tendency to say we will get conducted elections for a long time and that would help their children achieve the have a number of volunteer opportunities, it right in November and hope for the have not been held accountable for a milestones of early childhood. What began in-kind donation needs, and special events best. But that ignores some long- philosophy of getting voters through with an enrollment of three children has where you can easily play a part in helping standing problems that we believe the cattle chute as quickly as possible. grown, over the last 26 years, to now serve their efforts. One such event is coming up make it much more certain there will If that means false assurances as al- approximately 140 children annually and on Sept. 15 with the 16th Annual Special be continuing problems in November leged in the Millington lawsuit about over 2,000 children thus far. Kids and Families Plane Pull at Millington and beyond. taking care of a polling place problem Any child newborn to 3 with any type Regional Jetport. Ask yourself, do you have con- “later” like a race that shouldn’t be on of developmental delay can receive early The event kicks off around 9:30 a.m. fidence in the electoral process you the ballot, they will do it. intervention services from SK&F. Diagnosis and includes lots of family fun, music, food, use? Are you among those who have Somehow along the way unbiased often includes spina-bifida, cerebral palsy, prizes and entertainment. The main event come to believe that something will go polling officials disinterested in the wrong, it is just a matter of what? outcome of election results were re- seizure disorders, Down Syndrome, autism, features adult teams of 20 that compete The problems start with the state placed by polling officials disinterested or delays from premature birth. Families by pulling a 727 FedEx jet weighing 130,000 law that sets a legal standard for in the integrity of the process. In other can contact the organization directly, but pounds! Youth teams compete to pull a contesting an election. It’s not even words, they became the companion most often, families are referred to SK&F 32,000-pound FedEx ATR feeder aircraft. It a legal standard of a vote denied and of the fabled politician who will say through the Tennessee Early Intervention is free general admission and free parking an outlet for remedying that short of a anything to get elected. System, doctors, social workers, or other for the general public. Team opportunities new election. The standard is if enough More training has been done re- organizations. are still available, as well. mistakes were made to change the peatedly obviously isn’t doing the job. It SK&F has a number of family centered Learn more about Special Kids and outcome of a race. That standard is is time to focus on the workforce – full programs aimed at enhancing a family’s Families, the 16th Annual Plane Pull, and inadequate and the litany of election time and seasonal. There should be a knowledge and understanding of their ways you can help by visiting www.skandf. problems in the last decade are the house cleaning. child’s unique developmental needs and to org.

A Tasteful List for Memphis Dining in 2012

A LIST TO SINK YOUR TEETH INTO. Door, Huey’s; Green Bean with (any- Shop; Surf and Turf, Iris; The Belt, Brass So many of you seemed to salivate thing), Formosa; Grilled Cheese, Tomato Door; Turkey Burger, Huey’s; Turnip over last year’s Tasteful List, I’ve updated and Bacon, Wiles-Smith; Guacamole, Greens, Elegant Farmer, Little Tea Shop; it for 2012. While reduced some, make Las Delicias; Gumbo, Déjà Vu; Hoppin Vietnamese Egg Rolls, Saigon Le; Vodka no mistake, there’s nothing dietary John, Little Tea Shop; Hot and Sour Pie, Aldo’s Pizza; Wet Ribs, Bar B-Q about it. Some are last year’s refried MEMPHASIS Soup, A-Tan’s; Italian Salad, Coletta’s, Shop, Central BBQ, Interstate, Neely’s; beans, some are this year’s nouvelle cui- dan conaway Fino’s, Pete & Sam’s; Italian Spinach, Waffles, Calvary Waffle Shop; Wonton sine, some are just delicious memories. Pete & Sam’s; Knuckle Sandwich, Iris; Soup, Saigon Le. An alphabetical survey of local flavor in Waffle Shop; Catfish, Soul Fish; Cheese Lyonnaise Salad, Café 1912; Miss Mary’s one decidedly local man’s opinion. After Dip, Pancho’s; Cheeseburger, Belmont, Salad, Frank Grisanti’s; New York Club, And in memoriam: reading this, don’t step on a scale or Caritas Village, Ernestine & Hazel’s, Fino’s; Osso Buco, Sweet Grass; Pea- Barbecue Sandwich, Brady & Lil’s, check your blood sugar. Huey’s, Tops; Chicken Salad, Bogie’s, nuts, Peanut Shoppe; Pizza Supreme, Little Pigs, Pitchfork; Biscuits and Gravy, Calvary Waffle Shop, La Baguette; Chips, Memphis Pizza Cafe; Popcorn, Peanut Ferguson’s; Black Bottom Pie, Dobbs So chew on this: Las Delicias; Chocolate Malt, Wiles- Shoppe; Potato Soup, Huey’s; Salad House, Toddle House; Chess Pie, Sees- Bacon Wrapped Shrimp, Café Ole, Smith; Chopped Steak, Mortimer’s; Cof- Bar, Jason’s, Kay Kafe at St. Jude; Salad sel’s; Club Steak, Bill and Jim’s; Coconut Molly’s, Saigon Le; Baguettes, La Ba- fee, Republic Coffee; Corn Sticks, Little Sampler, Bogie’s, Calvary Waffle Shop; Ice Cream, Tropical Freeze; Crabmeat guette; Barbecue Pizza, Coletta’s, Pete & Tea Shop; Cuban Sandwich, Soul Fish; Salt & Pepper Shrimp, Evelyn & Olive; Justine, Justine’s; Fried Shrimp, Ander- Sam’s; Barbecue Salad, Bar-B-Q Shop, Cupcakes, Muddy’s; DeNiro, Republic Sausage and Cheese Plate, Rendezvous; ton’s; Green Pepper Beef, Joy Young; Central BBQ, Germantown Commissary; Coffee; Dry Ribs, Rendezvous; Egg Drop Sea Bass, Tsunami; Self-Serve Yogurt, Horseradish Encrusted Grouper, Jar- Barbecue Sandwich, Bar-B-Q Shop, Soup, A-Tan’s, Formosa; Eggplant Cas- YoLo; Shrimp and Grits, Sweet Grass; rett’s; Lady Fingers, Seessel’s; Mocha Interstate, Neely’s, Payne’s, Tops; Bar- serole, Cupboard; Egg Roll & Pork Ver- Shrimp Elfo, Frank Grisanti’s; Shrimp in Cake, Carl’s Bakery; Onion Rings, Pig ’n becue Spaghetti, Bar-B-Q Shop, Neely’s; micelli, Saigon Le; Egg Salad, Cheffie’s; Black Bean Sauce, Saigon Le; Shrimp Whistle; Poo Poo Platter, Luau; Vanilla Beacon Salad, Pete & Sam’s; Beer, Bos- Fish Pudding, Calvary Waffle Shop; Flank Po Boy, Déjà Vu; Shrimp Salad, Bogey’s, Soda, Normal Drug Store. co’s; Birthday Cake Sno Cone, Jerry’s; Steak Salad, S.O.B.; Florentine Pizza, Mortimer’s; Souflima, Jim’s Place; Soup I’m a Memphian, and I’m well fed Biscuits and Gravy, Blue Plate, Brother Fresh Slices; Fried Chicken, Gus’s; Fried (any kind), Caritas Village, Parsonage Dan Conaway can be reached at Juniper’s; Boston Cream Pie, Calvary Rice, Formosa, Saigon Le; Fries, Brass in Marion; Stuffed Avocado, Little Tea [email protected]. www.thememphisnews.com September 7-13, 2012 35 36 September 7-13, 2012 www.thememphisnews.com

THURSDAY, September 20th The Business of Healthcare

@ 3:30 PM, BROOKS MUSEUM AUDITORIUM

KEYNOTE SPEAKER Michael Lachina M.D. Chief Medical Officer, Saint Francis Healthcare

PANELISTS Susan Berry-Buckley President & CEO of Lifeblood Denise Burke Butler, Snow, O’Mara, Stevens & Cannada, PLLC Kevin M. Spiegel FACHE - CEO Methodist University Hospital

Join us as we examine and discuss the new model of healthcare that will evolve throughout this decade. Saint Francis Healthcare CMO Michael Lachina will guide us through the past, present, and predicted models of the healthcare industry with a focus on the 3 points of the Iron Triangle of Healthcare in the United States – Cost, Quality, and Acces. We will explore the cost conundrum that is driving reform, the impact of the Affordable Care Act, the SCOTUS decision, and who the winners and losers are likely to be. This “New Model of Healthcare” will become instrumental in driving business decisions for healthcare organizations going forward.

Wine and Cheese Reception to follow. $25 to register at www.memphisdailynews.com/seminar

2012 SEMINAR CALENDAR

NOV. 1 Commercial Real Estate Review & Forecast