2015 Publications

Arkansas Supreme Court Extends Notice Provisions of UCC to Services Contracts

December 2015 by Joseph R. Falasco | The Uniform Commercial Code (UCC), codified in Arkansas at Ark. Code Ann. § 4-1-101 et seq., typically applies only to sales…

Automatic Stay Exceptions Provide Leeway for Financial Institutions

December 2015 by Mary-Tipton Thalheimer | “Once a debtor files a petition for protection under the United States Bankruptcy Code, an automatic stay goes into effect, providing the…

The Attorney General Issues Opinion Regarding Timing of Release of Electronic Records Requested Under Freedom of Information Act

December 2015 by Brandon B. Cate and Lindsey C. Pesek | When Arkansas enacted its version of the Freedom of Information Act (the “FOIA”) in the 1960s, the…

Employment-At-Will Doctrine in Arkansas: Do Employment Manuals Create For-Cause Employment?

December 2015 by Philip A. Elmore | Arkansas courts recognize the right of employers to fire employees under the “employment at-will doctrine” where an employer-employee relationship remains completely terminable…

E-Discovery Alert: Proportionality

November 2015 by Meredith M. Causey and Michael B. Heister | Demonstrating the burden or expense of complying with discovery often requires an affidavit or other evidentiary proof…

The Differing Durations of Judgments and Judgment Liens

November 2015 by Daniel D. Boland | There are a variety of means by which a judgment may be enforced against a judgment debtor in Arkansas. Among the…

NLRB’s New Joint-Employer Standard and the Practical Effect for Arkansas Employers

October 2015 by Madeline K. Moore | In what is being hailed by many as a monumental decision, the National Labor Relations Board (“NLRB”) recently reversed its decades-old…

CLE Presentation: Landlord-Tenant Evictions, Court, and Litigation

September 2015 by Joseph W. Price II | Joseph W. Price II was a presenter at the 13th Annual Landlord-Tenant Law:  Leases, Eviction, Litigation, and Settlements seminar in…

E-Discovery Alert: Preserving Text Messages

September 2015 by Michael B. Heister and Meredith M. Causey | A recent decision by the Court of Chancery in Delaware serves as another reminder of the need for…

Eminent Domain: Summary of Recent Legislative Changes

August 2015 by Michael N. Shannon | Arkansas law regarding eminent domain was amended in the 2013 and 2015 legislative sessions in several meaningful ways. In 2013, a provision…