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We handle virtually all varieties of commercial litigation at the administrative, trial court, and appellate levels, as well as through the various channels of alternative dispute resolution. With the firm proximately located in downtown Little Rock, centrally placed within the State, we practice regularly in all state and federal courts in Arkansas, as well as in the courts of other jurisdictions as needed by our clients. We are also well versed in the ways of administrative proceedings before a broad array of governmental and quasi-governmental boards. Likewise, we frequently use alternative dispute resolution through mediation and arbitration to the good advantage of our clients.
Antitrust/Unfair Trade Practices
The Sherman Act, the Clayton Act, and the Robinson-Patman Act and their companion state acts impose significant penalties, both civil and criminal, upon certain conduct that adversely affects interstate markets and competition. The common law of unfair competition is likewise powerful. We advise our business clients concerning problems to avoid in acquiring or selling businesses, establishing pricing structures, negotiating sales contracts and distributorship agreements, developing compliance programs, and how to handle other issues that arise in competitive business environments. We represent clients both in defending and bringing antitrust actions in state and federal court.
Banking
Banking is a highly regulated and highly litigated industry. We serve as Arkansas litigation counsel for a number of the nation's largest banks, and likewise assist a number of Arkansas' small and mid-size banks in their counseling and litigation needs. We offer expertise in the following areas:
- Lender-liability counseling and defense
- Customer litigation
- FCRA and other regulatory compliance litigation
- Vendor relations litigation
Class Actions
Class actions have come to comprise a significant portion of our litigation practice. We have represented one of Detroit's automobile manufacturers in defense of three different product liability/consumer fraud class actions covering three states. We have represented a group of boat manufacturers in an antitrust class action against the nation's largest marine-engine manufacturer. We defended one of the country's leading technology companies in a privacy class action, as well as a client sued in a securities class action under the Private Securities Litigation Reform Act.
Our extensive experience in this area enables us to provide early analysis and control of class action risks and procedures, including working toward locating the class action in the most effective available court, engaging in productive discovery, narrowing the scope of liability through pretrial motions and moving toward early settlement, if beneficial to our client.
Complex Business Litigation
Complex commercial litigation, which plays no favorites between large and small businesses, encompasses the great majority of our litigation practice, including antitrust class actions, products liability, securities, technology and lender liability actions, which are described in more specific detail on this page. Suffice it to say, however, that we have a long tradition of success in the most complicated, high stakes litigation in the State of Arkansas. We develop the strategy, budget, organize the evidence, and comprehensively present at trial, using the most current technology in novel and precedent-setting cases. We have the size to handle large and time-intensive litigation, as well as the expertise and technology to do so cost-effectively, regardless of whether our client is a publicly held Fortune 500 company or a privately held family business.
Domestic Relations
Providing full service to our clients, particularly as a complement to our estate planning and tax services, sometimes means assisting them in their private as well as their business lives. We have justly earned a reputation for handling high profile divorces in a low profile manner.
Products Liability
Products liability defense requires organized and efficient case management and a keen sense of when to "hold them" and when to "show them." This is an area of specialty for several of our litigators. Satisfied clients include, to mention a few, a leading U.S. car and truck manufacturer, a leading Japanese car manufacturer, an international recreational products manufacturer, two medical appliance manufacturers, and one of the country's largest tire manufacturers. Nor do we limit ourselves to the defense of large, public corporations. Much of our product liability defense practice is for smaller, local companies for whom discrete and speedy resolution and/or limitation of risk is a priority. We are equally adept in these matters, handling individual instances of alleged liability cost-effectively.
Regulatory/Administrative Law
We are experienced with proceedings before federal, state, and local boards and agencies. Please see the separate description of our Regulatory/Administrative Law practice for more information.
Securities
As securities regulation has changed over the last decade, beginning with the U.S. Supreme Court's decision in Lampf, Pleva v. Gilbertson through the Private Securities Litigation Reform Act and everything in between, we have stayed abreast of the impacts those changes are having on securities litigation. In this area we represent clients in employee and customer arbitration and litigation and shareholder litigation.
Technology
Anything that is part of everyday life necessarily becomes a subject of litigation. From e-commerce issues to the most recent privacy regulations to software licensing and attendant disputes, our litigators are up to the challenge. We also advise clients on appropriate corporate policies for use of technology such as e-mail and internet access, on B2B networking, electronic document retention and website impacts on litigation.
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