THE STATE’S BUSINESS NEWS AUTHORITY. Taking Initiative Political foes both seek fairness in the process for getting Arkansas proposals on the ballot. [P9] The Changing of the Guard Longtime editor Roy Ockert reflects on the sale of the Business Batesville Daily Guard. [P20] UPDATED DAILY: ArkansasBusiness.com VOL. 35, NO. 24 JUNE 11-17, 2018 $1.50 SPOTLIGHT: Law The Pros and Cons of Exec Q&A Tort Reform With Robyn Proposal caps damages, shifts court Allmendinger rule-making power to legislators Th e fi rst woman to By Mark Friedman lead the Rose Law [email protected] Firm talks about its long tradition, her With less than five months before the goals and breaking the November vote on capping attorney’s fees and damages, groups for and against glass ceiling. [P26] tort reform in Arkansas are making their case with money. Supporters and opponents of The List [P15-17] Issue 1 have raised more than $3.5 million to push or fight the The Largest Law proposed amendment, which voters Firms in Arkansas will decide on Nov. 6. It’s a wide-ranging Whispers [P3] proposal that would: w Limit damages in personal injury and Bankruptcy adds to wrongful death cases. The amendment would former agent’s woes restrict monetary awards for non-economic damages such as pain and suffering to $500,000 Brad Hendricks, a Little Rock and punitive damages, which punish wrong- Carl Vogelpohl supports Issue attorney, opposes the proposed ful conduct, to $500,000 or three times the 1 and says it will bring jobs to ARKANSAS BUSINESS tort reform amendment. Arkansas. PUBLISHING GROUP TORT REFORM CONTINUED ON PAGE 12 [PHOTOS BY KAREN E. SEGRAVE] RV Case Awards Defy Precedent, Appeal Says By Gwen Moritz tort and contract law. ages and attorneys fees when [email protected] w Holding a party liable for they would previously have conversion even though the sought only one or the other. Doug Boydston died while money in question was being “I’m personally opposed to cleaning up debris after a 2014 Court to review the Arkansas held by the court — and even Issue 1 for numerous reasons,” tornado destroyed property that Court of Appeals’ affirmation of though the trial court had previ- said Kent Walker, the North his tenant had allegedly under- the trial court’s decision, argu- ously recognized a “good faith” Little Rock attorney who rep- insured, leaving his widow to ing that it shakes up decades of effort to settle the dispute. resented Brown before Pulaski prevail in a $1 million civil dis- legal precedent in two areas: If the ruling is allowed to County Circuit Judge Mackie pute over the coverage. w Awarding both punitive stand, Brown’s attorneys predict Now the tenant, Danny W. damages ($230,000 in this case) that civil complaints across the PUNITIVE DAMAGE Brown, and his attorneys are and attorneys fees ($200,000) in state will be crafted in hopes of CONTINUED ON PAGE 10 asking the Arkansas Supreme a case that has elements of both extracting both punitive dam- Last Chance to Purchase Tickets to the 40 Under 40 awards ceremony! www.ArkansasBusiness.com/40Lunch LAST CHANCE TO RESERVE YOUR SEAT! WE ARE PLEASED TO ANNOUNCE THE 2018 CLASS Stephanie Alderdice, SixtyOne Celsius Spencer Andrews, BSR Dan Andrews, Dale Capital Partners/Tempus Realty Partners Barrett Belew, HoganTaylor, LLP Jessie Bennett, Eisai US James Best, Skinny J’s/Eleanor’s Pizzeria/JKB Construction Ngozi Brown, NOB Architecture + Design/Woods Group Architects Tony Carozza, Radiology Associates, PA Shann Carpenter, First National Bank of Crossett Scott Copeland, Integrity First Bank Merritt Dake, Rock Dental Brands/AXPM Eddie Davis, CHI St. Vincent Ryan D. Davis, University of Arkansas Little Rock Children International Amber Davis, Quattlebaum, Grooms & Tull PLLC Nikolai DiPippa, University of Arkansas Clinton School of Public Service Syard Evans, Arkansas Support Network Sara Fenter, Fenter Physical Therapy Sarah Catherine Gutierrez, Aptus Financial Burt Hicks, Simmons First Investment Group Lenka Horakova, LH Global Solutions Jeremy Jeffery, Jefferson Regional Medical Center Adam Jones, AWJ Electric Company, LLC Jane Kim, Wright Lindsey Jennings Lance Lamberth, Atlas Asphalt, Inc. Kim Lane, Conductor Kathleen Lawson, Economics Arkansas Craig Manatt, Peoples Bank of Sheridan Jeff Marcussen, Baldwin and Shell Construction Company RJ Martino, iProv/Scale Technology Esperanza Massana-Crane, Arkansas Economic Development Commission Caleb McMahon, Economic Development Alliance for Jefferson County Yvette Parker, Ben E. Keith Foods Umang Patel, Conway Management THURSDAY, JUNE 14, 2018 Libby Primm, Primm Risk Solutions EMBASSY SUITES, LITTLE ROCK Blake Rickman, University of Arkansas at Fayetteville TICKETS $90/PERSON Jennifer Ruhlman, Bank of the Ozarks $900/TABLE OF 10 Cory Scott, DataScout, LLC FOR TICKET AND EVENT INFORMATION: Taylor Speegle, Walton Arts Center/Walmart AMP ARKANSASBUSINESS.COM/40LUNCH Lee Welfel, Eagle Bank & Trust Adam Wells, Lumber One Home Center, Inc. PRESENTED BY SPONSORED BY Arkansas Business June 11, 2018 3 erated $3.2 million in gross revenue in 2015. That amount fell to $2.87 million Arkansas in 2016 and $2.9 million in 2017. It also Seven-Digit Construction reported having $588,000 in revenue this Sixth Floor Renovation . .$1,606,431 Business year. Arkansas Blue Cross & Blue Shield Moore didn’t return a call for com- 601 Gaines St., Little Rock ment. Baldwin & Shell Construction Co. Little Rock Whispers Seven-Digit Deals Target Remodel . $1,116,275 For daily news, register at ArkansasBusiness.com/Enews Adjoining hotels in Conway and land 501 Elsinger Blvd., Conway for an emergency hospital in Cabot pro- Crossland Construction Co., Insurance Troubles of Batesville, which has already sued vide this week’s edition of million-dollar Columbus, Kansas We can add bankruptcy to the list of Bishop and Alliance, also has an unse- real estate transactions. problems facing former insurance agent cured claim of $200,000. w Central Arkansas Lodging Inc., led Berry Bishop and his agency. Back in April, Bishop and Alliance by Kantilal Patel, sold the Candlewood The paper is advertising for a reporter Bishop’s Alliance Insurance Group of were stripped of their insurance licens- Suites at 2360 Sanders St. and Comfort to cover its premier business beat for Arkadelphia Inc. filed for Chapter 7 bank- es in an emergency action by state Inn & Suites at 2370 Sanders St. for $5.7 a third time in four years after Robbie ruptcy protection late last month and Insurance Commissioner Allen Kerr. In million. Neiswanger gave notice to accept an listed $8.2 million in debts and $5.5 mil- that order, he said Bishop had diverted to Buyers: Sophia Hospitality LLC and unspecified Walmart job, several current lion in assets. Most of the debt, $6.2 mil- personal use some $1.7 million in premi- Aarya Hospitality, both led by Chintu and former Democrat-Gazette employees lion, is owed to creditors holding unse- um received from clients and defrauded Magan. told Whispers. Neiswanger had been cov- cured claims. (Bishop hasn’t filed for Bank of Prescott with more than $1 mil- w PND Cabot LLC, an affiliate of Perlis ering Walmart, the world’s largest com- personal bankruptcy.) lion in phony premium finance loans. Realty of Cordele, Georgia, purchased pany with some $500 billion in annual The Bank of Prescott is listed as an The Insurance Department also in 4.3 acres near the northwest corner of sales, for about two years. unsecured creditor and had sued Bishop April granted an agency license to a new Willie Ray Drive and West Main Street for A former Stephens Media sports- in April to collect on 21 different loans agency created by Bishop’s son-in-law more than $1.8 million. writer, Neiswanger joined the Little that totaled $2.14 million. That law- and vice president of Alliance, Nathan Seller? Anchor Realty Investments LLC, Rock paper in 2015 and was based in suit is expected to be put on hold while Price. The new agency is called Price & Co. led by David Bubbus. Springdale; he succeeded Chris Bahn as Alliance’s liquidation makes its way of Arkadelphia. Its Facebook page reads, the Democrat-Gazette’s Walmart writ- through U.S. Bankruptcy Court. “We’re a team of real people with real er in 2016. Bahn, now a publisher at Other banks that were stung by experience and real knowledge and we Walmart Reporter Joins Walmart Arkansas Business Publishing Group, had Alliance were Southern Bancorp of want to provide you with real insurance You may have heard that the Arkansas inherited the Walmart beat in 2014 from Arkadelphia, which has secured claims solutions! Call us today!” Democrat-Gazette is seeking a new Cyd King, now communications direc- that total nearly $976,000, and Simmons The bankruptcy filing by Alliance’s Walmart writer, but did you know that’s tor for the American Heart Association in Bank of Pine Bluff, which has an unse- attorney, J. Brad Moore of Wetzel & Moore because the latest reporter is going to cured claim of $400,000. Citizens Bank of Little Rock, shows that Alliance gen- work for Walmart Inc.? WHISPERS CONTINUED ON PAGE 4 EXHIBIT A: 150 COMBINED YEARS OF IMPECCABLE EXPERIENCE. (NEED WE GO ON TO EXHIBIT B?) Bell and Company has provided expert witness testimonies, economic damage assessment, business valuation and forensic accounting services to legal firms throughout the Southeast. Established by Richard Bell, a certified CVA, CFF, CPA and JD, Bell and Company has assisted in numerous court cases. Many attorneys find our sterling reputation and experience to be valuable assets. Call us, and let’s see what our 150 combined years of expertise can do for you. bellandcompany.net • 501.753.9700 Jennifer Bell, Jeff Lovelady, and Pancho Espejo 4 June 11, 2018 Arkansas Business WHISPERS WHISPERS CONTINUED FROM PAGE 3 Fayetteville.