Practice

We have an active, experienced team of appellate lawyers who have handled appeals before the U.S. Courts of Appeals for the First, Sixth, Eighth, Ninth, Eleventh, and D.C. Circuits, the Supreme Court of Arkansas, the Arkansas Court of Appeals, the Mississippi Court of Appeals, and the Georgia Court of Appeals. We have also been responsible for petitions for writs of certiorari and responses to petitions for writs of certiorari in the Supreme Court of the United States and petitions for extraordinary relief in the Arkansas Supreme Court. We have assisted with merits briefing and preparing for oral argument in the United States Supreme Court. Following law school, a number of our attorneys served as law clerks to appellate judges, including judges on the U.S. Court of Appeals for the Eighth Circuit and the Supreme Court of Arkansas.

The firm has extensive experience in a wide range of banking issues for state and national banks and bank holding companies, including bank formation, holding company formation, branching, bank acquisition, mergers, loan transactions, representation of the bank as creditor, as well as regulatory and compliance issues involving the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the Office of Thrift Supervision (OTS), and the Federal Reserve Board. We are frequently called upon to prepare loan documentation and provide legal opinions in the areas of usury, enforceability of security interests, and choice of law issues. We handle revolving and term loans involving the full spectrum of loan purposes and collateral including agricultural loans, inventory financing, debt restructuring, and real estate acquisition. We can assist banks in creating loans with multiple participations and loans capable of being syndicated. We have represented more than forty banks with market capitalizations ranging from a few million dollars to over fifty billion dollars.

We also regularly represent banking clients on work-out negotiations and reorganizations, credit card issues, compliance with the Gramm Leach Bliley Act and the USA Patriot Act, issues regarding financial and other activities of bank subsidiaries and affiliates, and emerging privacy issues. Our firm’s lawyers have been general counsel to the Arkansas Community Bankers Association for over two decades.

Our bankruptcy attorneys are experienced in negotiating and drafting bankruptcy filings and litigating contested bankruptcy matters. These hearings involve the full range of bankruptcy issues, including contested use of cash collateral, extension or reduction of exclusivity periods, assumption and rejection of executory contracts, dischargeability matters, claims litigation, and plan confirmation issues. We are also capable of handling complex preference, fraudulent transfer, and other avoidance power litigation. While most of our bankruptcy matters have been tried before the bankruptcy courts in Arkansas, we have also litigated bankruptcy matters before federal district courts, as well as on appeal to the Eighth Circuit Court of Appeals and the Bankruptcy Appellate Panel.

Complex business litigation and environmental and toxic tort litigation are the mainstays of our litigation practice. Nearly all our trial attorneys have experience with complex business litigation. We have been involved in class actions, multiple plaintiff and multiple defendant claims, and claims pending in multiple jurisdictions. We handle litigation matters involving a wide spectrum of business-related claims, including deceptive trade practices, breach of contract, breach of warranty, breach of fiduciary duty, fraud, securities violations, patent infringement and invalidity, violations of franchise rights, antitrust violations, unfair competition, tortious interference with contractual relations or business expectancy, libel and First Amendment claims, construction disputes, toxic tort claims, civil racketeering claims, and constitutional claims. We represent corporate and individual clients, as both plaintiffs and defendants, in commercial litigation matters. We have extensive litigation experience in trial and appellate courts on both the state and federal levels.

We have advised clients on a variety of business transactions ranging from entity selection and formation to dissolution, including the formation of hundreds of entities encompassing C-corporations, S-corporations, non-profit corporations, limited liability companies, general partnerships, limited partnerships, limited liability partnerships, and limited liability limited partnerships. We have represented business entities in mergers and acquisitions as both buyer and seller. In this practice, we have substantial experience in negotiating and drafting asset and stock sales agreements, and agreements ancillary to mergers and acquisitions such as employment and management agreements, covenants not to compete, and stock option agreements.

Our firm has advised businesses on general commercial law matters and has negotiated a wide variety of contracts involving distribution arrangements, property licensing, and other matters. We have broad experience representing and counseling outside members of corporate boards of directors on issues of corporate governance and the exercise of their fiduciary duties in serving on special committees. We have also advised corporations and their boards on a variety of business litigation-related topics including indemnification of officers and directors and coverage issues under director and officer insurance policies. We have created corporate compliance programs for both public and private companies and have advised companies on the implications of the Sarbanes-Oxley Act.

Several attorneys in the firm have experience in data privacy and security. Our work in this area includes identifying data protection laws applicable to a client’s business and developing a proactive plan to ensure compliance while reducing the risk of a data breach. Our attorneys are well-versed in technology matters and have experience with technology issues related to Software as a Service (SaaS) agreements, web development and hosting, cloud computing contracts, and software licensing agreements. We also assist clients with cyber insurance counseling.

Electronically stored information has become a primary target of discovery in litigation. We have a talented and experienced team of attorneys, paralegals, and information technology specialists to assist our clients in addressing e-discovery issues in cases of any size. We have expertise in all areas of electronic discovery, from information governance policies to processing and production of electronically stored information.

Our electronic discovery program includes
• identifying electronically stored information that should be preserved;
• collecting information responsive to discovery requests;
• processing electronically stored information into a standard format for
an efficient review and production process;
• culling the data set to remove duplicate and system files;
• reviewing and coding the collected electronic information; and
• producing responsive electronic information in the agreed upon format.

Multiple lawsuits in multiple jurisdictions often involve some of the same electronically stored information. Instead of relying on various outside firms to re-review some of the same documents, our firm can provide a centralized discovery database eliminating unnecessary overlap in coding and document review. A centralized discovery database increases efficiency, accuracy, and consistency in responding to electronic discovery issues across multiple jurisdictions. Our firm hosts secure on-line web access to discovery databases for our clients, experts, and co-counsel.

The firm has an active, diverse employment law practice. We regularly defend businesses against a variety of employment claims, including claims of wrongful termination; allegations of age, race, gender, and disability discrimination; claims of retaliation; hostile workplace allegations; the validity of covenants not to compete; contract disputes; and wage-and-hour claims. Our work in this area includes defending against employment-related class-action claims and litigating complex business claims that arise in the employment context. In appropriate cases, we represent our business clients in connection with claims against former employees related to restrictive covenants, non-solicitation and non-competition agreements, and misappropriation of trade secrets and other proprietary information. Our employment lawyers have experience in state and federal courts in Arkansas and Tennessee and before the United States Equal Employment Opportunity Commission, the United States Department of Labor, the Occupational Safety and Health Administration, and the Financial Industry Regulatory Authority in employment-related matters. We also regularly represent major ERISA plan administrators in cases brought by claimants to recover benefits under ERISA, and we frequently advise businesses faced with employment issues, including drafting and editing handbooks, policies, and job descriptions; conducting internal investigations and reviews; and offering training and compliance advice to management.

Our environmental attorneys are recognized for representing the largest regulated utility in Arkansas, providing unparalleled experience and insight before the Arkansas Public Service Commission. The firm is routinely engaged in the most complex and high-profile regulatory proceedings in the state, including rate cases, infrastructure approvals, and compliance matters. This also includes the purchase and sale of complex, regulated facilities and related intangible assets.  We advise clients on all aspects of energy siting, development, generation, and transmission from both state and federal perspectives.

Our team has extensive experience representing clients in environmental regulatory actions, transactional issues, and site-specific litigation involving air, water, and solid/hazardous wastes, including amendments to state water quality regulations pursuant to the Clean Water Act. Michael Heister’s experience with the U.S. Department of Justice representing the Environmental Protection Agency and other agencies informs his advice to clients on a broad range of environmental matters, including environmental management systems, permitting issues, insurance, and site investigations and remediation.

Several of our attorneys have extensive experience in representing governmental organizations. We have represented the Pulaski County Multi-Purpose Civic Center Facilities Board (Verizon Arena), Pulaski County, the City of Little Rock, the City of Sherwood, the Arkansas Soil and Water Conservation Commission, the Arkansas Contractor Licensing Board, the Arkansas Workers’ Compensation Commission, and other governmental entities including improvement districts. We have handled a variety of projects for governmental entities including assisting in litigation matters and drafting various ordinances and regulations. Our attorneys have also represented clients before numerous regulatory entities.

Many of our attorneys have represented businesses and insurance companies involved in insurance coverage disputes. These cases have involved disputes over policy language, pollution exclusions, triggers of coverage, covered occurrences, and endorsements, among other matters. One of the most notable cases in which we were involved is Unigard Security Ins. Co. v. Murphy Oil USA, Inc., 331 Ark. 211 (1998), which involved a coverage dispute that addressed a variety of insurance policy construction issues pertaining to damages arising from the contamination of real property and the resulting breach of a lease of the property. Claimed damages exceeded $8 million. We represented Unigard Insurance Company through the two-week trial and the appeal, which resulted in a dismissal of the complaint.

Several attorneys in the firm have experience in intellectual property matters. Our work in this area includes assisting clients in registering, maintaining, and enforcing trademarks, service marks, and copyrights. We regularly handle litigation matters involving claims of patent, trademark, and copyright infringement, trade secrets, confidential information, unfair competition and false advertising across a broad spectrum of industries and technologies.

We guide clients through every stage of the land use entitlement process, offering strategic counsel on zoning, planning, and regulatory approvals for commercial, industrial, residential, and mixed-use developments. Our land use team is widely recognized for its ability to navigate complex municipal processes and align development goals with local requirements. We represent developers, institutional owners, and national retailers in securing zoning amendments, conditional and special use permits, variances, planned unit developments, and subdivision approvals. Our attorneys have extensive experience negotiating with local governments on land dedications, development exactions, and impact fee structures, ensuring our clients’ projects remain both entitled and economically viable. Our team played a leading role in establishing Arkansas’s first large-scale mixed-use zoning district, combining commercial, office, and residential uses in a single high-rise—a model that has since informed land use policy statewide. We regularly appear before planning commissions, boards of adjustment, and city councils throughout Arkansas. Whether the project involves a complex rezoning, a brownfield redevelopment, or a phased land plan, we deliver practical, forward-thinking solutions that unlock value and reduce entitlement risk.

Our firm is at the forefront of legislative and regulatory development in Arkansas, providing clients with trusted guidance on shaping public policy and navigating the legislative process. With deep institutional knowledge and extensive relationships at every level of government, our attorneys regularly assist industry leaders, trade associations, and major stakeholders in drafting, negotiating, and advocating for laws that impact Arkansas’s business, financial, real estate, and professional sectors.

We serve as legislative counsel to prominent trade organizations, including the Arkansas REALTORS® Association, Arkansas Bankers Association, Arkansas Community Bankers Association, and Arkansas Optometric Association. During each session of the Arkansas General Assembly, our attorneys review, draft, and advance dozens of legislative proposals, often testifying before House and Senate committees and working directly with lawmakers to secure favorable outcomes for our clients.

Our firm is currently playing a leading role in the development of SJR 15, a proposed Constitutional Amendment that will appear on the November 2026 statewide ballot. If adopted, this amendment will modernize Arkansas’s framework for economic development, allowing for broader, more flexible, and more competitive tools to attract and retain business investment across the state.

Our attorneys have also been deeply involved in the review, drafting, and passage of numerous Uniform Law Commission acts adopted in Arkansas. These include the Revised Uniform Limited Liability Company Act, the Uniform Easement Relocation Act, the 2018 and 2022 UCC Amendments, the Uniform Trust Decanting Act, the Uniform Fiduciary Income and Principal Act, and the Uniform Protected Series Act, among others. Tim Grooms, Cliff McKinney, and Jeb Joyce lead our legislative team, combining technical expertise with decades of practical experience at the Capitol. Mr. Grooms has served in key advisory roles to state regulators, including the Arkansas State Bank Department, on matters of statutory modernization. Mr. McKinney, a Commissioner for the Uniform Law Commission, serves on national drafting and study committees for real estate and business legislation and has held long-standing leadership roles within the Arkansas Bar Association’s Legislation and Law Reform Committees.

Whether clients are seeking to shape a single bill, pursue comprehensive reform, or oppose burdensome regulation, our team provides strategic, results-oriented counsel rooted in a deep understanding of Arkansas’s legislative and regulatory environment.

Many of our attorneys have defended newspapers and other publications against libel and defamation claims. We routinely advise newspapers and other entities regarding Freedom of Information Act issues and publication review issues, and we represent newspapers and other entities in litigation concerning these issues. We have represented media entities that have received third-party subpoenas, and we have filed suit to challenge court-issued prior restraints that restrict First Amendment rights. We are counsel for the Arkansas Press Association. We also prepare a general compilation of Arkansas state law regarding privacy and related decisions against the media for the Fifty State Survey published by the Libel Defense Resource Center.

Several of our attorneys have extensive experience in products liability cases. Our experience in products liability cases involves products such as automobiles, personal water craft, recreational products, pharmaceuticals, medical devices, herbicides, chemicals, welding consumables, industrial machines, heavy equipment, and consumer goods. These matters include claims alleging traumatic amputation, cancer, neurological injury, paralysis, and death. Some of these matters also involve claims of crop loss, property damage, lost profits, and nuisance. We represent a number of companies on a national, regional, and statewide level, and our attorneys have tried products liability cases throughout Arkansas and the United States.

The firm is recognized as one of the premier real estate law firms in Arkansas and the broader mid-South region. Our real estate practice leaders bring decades of experience representing institutional developers, publicly traded companies, private equity sponsors, national retailers, lenders, and high-net-worth individuals in all aspects of real estate law.

We advise on every phase of the real estate life cycle, including the acquisition, disposition, financing, development, leasing, and operation of commercial, industrial, residential, and mixed-use properties. Our attorneys are trusted to lead complex, multimillion-dollar transactions involving shopping centers, urban redevelopment projects, distribution hubs, office campuses, hospitality developments, and timberland portfolios. We are known for solving complex title and entitlement challenges, addressing regulatory and environmental hurdles, and delivering practical, business-driven solutions that advance our clients’ strategic objectives.

Our team routinely structures and negotiates sophisticated financing arrangements, including construction loans, permanent loans, securitized and syndicated lending facilities, interest rate swaps, convertible mortgages, and tax-deferred exchanges. We frequently advise on real estate components of private equity transactions, fund formations, and real estate investment trusts (REITs), and we understand the institutional dynamics that drive deal execution.

The firm is especially active in real estate projects that utilize federal and state tax credit incentives, including Low Income Housing Tax Credits (LIHTC) and New Markets Tax Credits (NMTC). We guide developers, lenders, and syndicators through all phases of these projects, from site acquisition and entity structuring to construction financing, syndication, and long-term compliance. We also represent clients in distressed asset acquisitions and loan workouts, including both out-of-court restructurings and bankruptcy proceedings.

In Arkansas, our real estate attorneys are leaders not only in the legal profession but also in shaping real estate policy. We serve as outside counsel to the Arkansas REALTORS® Association and maintain close working relationships with local and state officials. Our firm maintains the largest law firm membership in Arkansas in ICSC and Tim Grooms is a former chapter officer and a regular speaker on commercial real estate trends and legal developments.

Whether leading large-scale development projects, structuring multistate portfolios, or navigating complex land use and regulatory approvals, our team delivers responsive, high-level counsel grounded in decades of experience and a deep understanding of the real estate industry.

Our attorneys have deep experience advising on the creation, perfection, and enforcement of security interests in personal property, with a particular focus on Articles 8 and 9 of the Uniform Commercial Code. Our secured transactions practice supports lenders, borrowers, investors, and law firms nationwide in navigating complex collateral structures across a wide range of asset classes.

We regularly advise clients on the structuring and documentation of secured lending transactions, including the analysis of collateral packages involving investment securities, deposit accounts, intellectual property, inventory, equipment, receivables, and other forms of personal property. Our attorneys are often called upon to identify potential perfection issues, assess priority risks, and tailor security documents to meet both practical and regulatory requirements.

Our team is nationally recognized for its work in delivering high-quality legal opinions on matters of security interest creation, attachment, and perfection. We frequently prepare and negotiate opinion letters in connection with multi-jurisdictional financings, intercreditor arrangements, and capital market transactions, and regularly coordinate with lead and local counsel to meet lender expectations and close transactions on schedule.

In addition to traditional UCC Article 9 matters, we also have significant experience with specialized collateral regimes, including transactions involving aircraft, intellectual property, and other assets governed by federal law or industry-specific regulation. We are well-versed in cross-border perfection issues and routinely handle lien filings, UCC searches, and documentation audits across multiple jurisdictions.

Whether advising a bank syndicate on a secured credit facility or assisting a corporate client with the collateral aspects of a major acquisition, our attorneys bring a high level of precision, reliability, and practical insight to each transaction.

Several of our attorneys represent clients in a variety of securities law issues. The firm has advised clients on issues involving financing for public and private entities. We have represented both issuers and investors in private placements. We have acted as bond counsel and trustee counsel in Arkansas Development Finance Authority bond issues. We have counseled issuers in numerous corporate securities offerings, including initial and secondary capital offerings for financial institutions, offerings for bank holding companies, foreign offerings pursuant to Regulation S, and restricted offerings pursuant to Regulation D. Frequently in connection with securities offerings, we are called upon to offer professional advice on ancillary issues in securities offerings such as taxation, real estate, banking, and environmental matters.

In our tax practice we help our clients plan, structure, negotiate, and implement numerous forms of business transactions, combinations, and financings. The types of matters handled also include tax-free and taxable reorganizations, spin-offs, acquisitions and dispositions, recapitalizations, joint ventures, leasing transactions, and tax litigation. We also have experience in employee compensation and benefit plans and provide general tax counseling to corporations, individuals, and charitable organizations.

Not only do we advise in the areas of personal tax planning, retirement, philanthropy, risk management, and asset protection, but also we assist with probate and trust administration, guardianships, estate and gift tax compliance, generation skipping transfer tax, the formation of nonprofit corporations and foundations, and areas concerning the formation, operation, and disposition of family business interests. We utilize the expertise of the firm’s other real estate, business, and litigation groups to provide thorough service in these areas.

Our firm has significant experience in the formation of redevelopment districts utilizing Tax Increment Financing (TIF Districts). We played a central role in the formation and development of two of Arkansas’s first TIF districts, in Jonesboro and North Little Rock. Several of our attorneys are frequent lecturers to municipalities and civic groups regarding TIF Districts. During the 2003 legislative session, we were instrumental in drafting Act 43, which was adopted to clarify the computation of the value of assessed property within TIF Districts. During the 2005 legislative session, we spearheaded Act 2231, which contained many revisions to TIF law and revitalized TIF by incorporating many key changes and compromises. We have assisted in TIF projects in Jonesboro, North Little Rock, Rogers, Paragould, and Sherwood.

The firm is currently playing a key role in the development of Senate Joint Resolution 15 (SJR 15), a proposed constitutional amendment that will appear on the November 2026 statewide ballot. If adopted, SJR 15 will modernize Arkansas’s constitutional provisions governing economic development, paving the way for a more flexible, competitive, and revived TIF regime and other redevelopment tools. Our attorneys have been deeply involved in drafting, negotiating, and advocating for this amendment, reflecting our continued leadership in shaping the future of Arkansas’s economic development policy.

Several of our attorneys have extensive experience in the defense of claims alleging negligent conduct, failure to warn, negligent design and manufacture, and professional negligence. These cases involve automobile and truck accidents, premises liability, and general negligence, in addition to the products liability cases discussed separately. We also regularly represent clients in cases alleging business torts, malicious prosecution, false arrest, and other claims.

Toxic torts and environmental cases are an integral part of our practice and generally include allegations of personal injury, nuisance, property damage, medical monitoring, and emotional distress allegedly due to environmental contamination. While most of these cases involve allegations of chronic personal injury, others involve acute injury, property damage, and business losses, all relating to the effects of toxic substances. Such cases have involved claimed exposure related to air emissions, groundwater and surface water contamination, explosion or catastrophic failure, subsurface migration, industrial contact, and product usage. In addition to toxic tort cases, we have considerable experience in environmental litigation resulting from remediation of contaminated sites. As an example, we represented Chemtura Corporation in the litigation surrounding the cleanup of the Vertac Chemical Corporation site at Jacksonville, Arkansas.