Publications

The Two-Part Approach to Defeating the “Local Controversy” Exception to CAFA

November 28, 2016 by Chad W. Pekron Arkansas class action attorneys have developed an arsenal of tactics designed to avoid the Class Action Fairness Act (“CAFA”).  Among those…

Revisiting Your Partnership Agreement: Practical Considerations In Light of The New Partnership Audit and Adjustment Provisions

November 22, 2016 by Scott M. Lar | For nearly twenty-five years, the audit and adjustments to the federal income tax liabilities of partnerships (and limited liability companies…

With All My Worldly Goods I Thee Endow: The Law and Statistics of Dower and Curtesy in Arkansas

Published November 2016 by J. Cliff McKinney II | “Dower and curtesy are ancient doctrines that have been a part of Arkansas law since the dawn of statehood.  Though…

The 10 Scariest Things in Arkansas Real Estate Law

October 2016 by J. Cliff McKinney II | J. Cliff McKinney II was a presenter at the Arkansas Bar Association seminar, Scariest Things You Don’t Know:  Frighteningly Common…

Common Mistakes Lawyers Make – Agricultural Law

October 2016 by R. Seth Hampton | R. Seth Hampton was a presenter at the Arkansas Bar Association seminar, Scariest Things You Don’t Know:  Frighteningly Common Mistakes Lawyers…

Unjustly Sued: Problems with Unjust Enrichment Claims Against Contractual Non-Parties

September 26, 2016 by Lindsey C. Pesek | Joseph Price and I recently represented a co-defendant sued in Arkansas state court by a plaintiff for breach of contract. …

Arkansas Supreme Court Cures Defect in Thousands of Orders in Two Arkansas Counties

September 2016 by Sarah Keith-Bolden | A recent decision by the Arkansas Court of Appeals temporarily “call[ed] into question the effectiveness of thousands of orders in this state.” …

How the Change to Rule 26 is Changing Discovery

September 2016 by Amber Davis-Tanner | Litigants – especially defendants – have historically lamented the broad scope of discovery allowed by the Federal Rules of Civil Procedure.  Discovery…

The FDIC’s Expanding View of Golden Parachute Payments

Summer 2016 by Daniel. J. Beck | “In the immediate aftermath of the financial collapse in 2008, the phrase ‘golden parachute’ was repeatedly printed in headlines when referring…

Taxation of Build-Out Allowance

July 2016 by C. Ryan O’Quinn | In negotiating a build-out allowance from its landlord, does a tenant create income for itself?  Unless the tenant has met the…