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Gerber Law

Questions? Call Us (228) 374-2313


What Is A Pass-Through Entity?

Most businesses in the United States are organized as pass-through businesses, such as sole proprietorships, partnerships, limited liability companies and S corporations. According to the Brookings Institution, about 95 percent of businesses fall into that category. These entities are called pass-throughs, because their profits are passed directly through the business to the owners and are taxed on the owners' individual income tax returns. Income earned by a business organized as a pass-through entity must be distributed as taxable income to its owner, members or partners. The pass-through entity itself doesn't pay income taxes, but it also can't defer tax on ...

January 31, 2018|General|

Happy Holidays!

The attorneys and staff at Rushing & Guice, P.L.L.C. wish you peace and prosperity throughout the coming year. During this season, we take time to reflect upon the good things we have, like our relationship with you. We thank you for your continued support and we look forward to working with you in the years to come. We hope that 2017 has been just as memorable for you, your colleagues and your loved ones and we trust that the holidays and the coming year will bring you happiness and success. May your holidays and New Year be filled with joy!

December 15, 2017|General|


§ 41-41-211 of the Mississippi Code states that a surrogate may make a health-care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available. An adult or emancipated minor may designate any individual to act as surrogate by personally informing their supervising health-care provider. In the absence of a designation, or if the designee is not reasonably available, any member of the following classes of the patient's family who ...

November 29, 2017|General|

Is An Electronic Signature Valid?

The Uniform Electronic Transactions Act (UETA) goes hand-in-hand with the Electronic Signatures in Global and National Commerce Act (ESIGN Act), in that both were enacted to help ensure the validity of electronic contracts and the defensibility of electronic signatures. The UETA gives states a framework for determining the legality of an electronic signature in both commercial and government transactions. Although there are many similarities between the UETA and the ESIGN Act, there are a few major differences that are worth pointing out. The most obvious difference has to do with governance. The ESIGN Act is a federal act, which means ...

November 29, 2017|General|

What is White-Collar Crime?

The phrase "white-collar crime" was first used in 1939 during a presidential address given by Edwin Sutherland to the American Sociological Society. Sutherland defined the term as "crime committed by a person of respectability and high social status in the course of his occupation" and the term is now synonymous with the full range of frauds committed by business and government professionals. These crimes are most often characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind white-collar crime is financial-to obtain or avoid losing ...

October 31, 2017|General|


A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In Mississippi, a citizen's arrest is authorized by Miss. Code § 99-3-7, which states that a private citizen may arrest any person without a warrant, for an indictable offense committed, or a breach of the peace threatened or attempted in his presence; or when a person has committed a felony, though not in his presence; or when a felony has been committed, and he has reasonable ground to suspect and believe the person proposed to be arrested to have committed it; ...

October 19, 2017|General|

Did Your Deceased Loved One Have A Life Insurance Policy?

The Mississippi Insurance Department, in partnership with the National Association of Insurance Commissioners (NAIC), now offers a free service that helps Mississippians search for and locate a deceased loved one's unclaimed life insurance benefits. The NAIC's Life Insurance Policy Locator provides nationwide access for assistance with finding life insurance policies and annuities. An estimated $1 billion in benefits from life insurance policies remain unclaimed according to Consumer Reports. A link to the service can be found on the Mississippi Insurance Department Consumer Service page of the department's website, All requests are encrypted and secured to maintain confidentiality. Participating insurers ...

October 3, 2017|General|

What are the ADA Accessibility Guidelines?

Among other things, the Americans with Disabilities Act (ADA) ensures not only building access for people with disabilities but also access to outdoor developed areas such as trails, camping and picnic facilities, viewing areas, and beaches. The Architectural and Transportation Barriers Compliance Board, an independent federal agency created in 1973, develops the guidelines that establish design requirements for the construction and alteration of facilities subject to the law known as the ADA Accessibility Guidelines (ADAAG). These enforceable standards apply to places of public accommodation, commercial facilities, and state and local government facilities. The guidelines are used by the Department of ...

September 20, 2017|General|

Does My Agreement Have to Be in Writing?

Although the days of doing business “with a handshake” may be long gone, some people still make verbal agreements. Whether you’re a business owner, a landlord, or an individual agreeing to lend a friend or relative some money, you might be tempted to simply “shake on it” and hope everything is okay. You may even worry you will offend the other person by insisting on a written agreement. This can be a costly and time-consuming mistake. …

April 15, 2016|General|

Debunking Myths about Prenuptial Agreements

Most people don’t walk down the aisle thinking their marriage has an expiration date. Marriage is supposed to be about romance and a lifelong commitment to another person. It’s perhaps no surprise, then, that prenuptial agreements have something of a negative reputation. Many people see them as “bad luck” or a lack of confidence about a marriage. These are just two of the more common misconceptions about prenuptial agreements. Here are a few more. …

April 1, 2016|General|

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