Arkansas Business June 10, 2013 3

THE STATE’S BUSINESS NEWS AUTHORITY. Don’t Fear the Jury System “To pay far more than a case is worth just to avoid a jury trial is a mistake,” Arkansas incoming Arkansas Bar Association President Jim Simpson says. [P15] Performance Management The precise steps of performance management are dreaded and rarely Business performed well, but they are key, says UALR’s Karen M. Leonard. [P23] UPDATED DAILY: ArkansasBusiness.com VOL. 30, NO.23 JUNE 10-16, 2013 $1.50

SPOTLIGHT: Law Feds: Investigate Yourself

Wal-Mart has spent bribery scandal. age them — to hire their own sible settlement. While the internal investi- investigators to look into allega- The practice, though, has $230 million on gation and its related activities tions of violations of the FCPA its critics. “It’s fundamen- bribery investigation have cost Wal-Mart at least $230 and other wrongdoing. Some tally an unfair system,” said million through April 27 of this of Wal-Mart’s lucrative inves- Russell Mokhiber, editor of the Q&A With year, the move was the right tigative work is being done Corporate Crime Reporter, a By Mark Friedman one, according to legal experts by the Little Rock law firm of weekly newspaper headquar- New UALR [email protected] who follow Foreign Corrupt Mitchell Williams Selig Gates & tered in Washington, D.C. Practices Act enforcement. Woodyard (see sidebar, Page 13). By conducting their own Law Dean In November 2011, Wal-Mart But what’s not widely known In many cases, the findings investigations, corporations Stores Inc. informed federal is that the Department of Justice of those internal investigations are able to dodge prosecution “Legal education has agencies that it was conducting and the Securities & Exchange are then handed over to the DOJ and get off with light fines when progressed shockingly an internal investigation into Commission allow corporations and SEC, which can then use little,” says Michael allegations involving a Mexican — or, rather, strongly encour- the findings as a basis for a pos- INVESTIGATION CONTINUED ON PAGE 12 Schwartz, who will lead Bowen School of Law beginning July 1. [P26] Ferguson Juggles Debt After High-End Meltdown By George Waldon [email protected] The List [P16-17] The 30 Largest Law Events during the past five Firms in Arkansas years have administered a fiscal stress test for residential devel- Whispers [P3] oper Rick Ferguson, and 2013 Alltel employees safe, has been a year of restructured at least for now. debt and real estate holdings. Ferguson offered only a few comments related to his private financial dealings although some of his challenges have spilled into the public domain. ◗ A business partner, Gene Cauley, disintegrated finan- cially leaving Ferguson to sort through a debt-laden real estate portfolio they shared. ◗ Ferguson also was stung by a Ponzi scheme that featured uninsured, high-yield certificates of deposit issued Waterview Estates is home to seven by a bank that Texas financier large homes, two of which are owned “Sir” Allen Stanford owned in by its developer, Rick Ferguson. Antigua, where he was knight- Some of the homes offer southern ed. Ferguson declined to say $2.5 million that another for- ◗ The top-end housing vistas of Lake Maumelle. [PHOTOS BY just how much the investment mer business associate, Steve market, the bread-and-butter JASON BURT] scam cost him, but it is believed Wortman, has acknowledged to have been more than the losing in the same scam. FERGUSON CONTINUED ON PAGE 9 BUY YOUR TICKETS TODAY: 20th Annual 40 Under 40 Lunch, June 14 Tickets available online at ArkansasBusiness.com/40Lunch

Arkansas Business June 10, 2013 3

Safe Through 2013

Employees of Allied Wireless Communica- that after the sale closes, the “vast majority” Arkansas tions Corp. of Little Rock, which is being pur- of Alltel workers will “continue to perform the Business chased by AT&T Inc. in a $780 million transac- same jobs you are performing today and will tion announced in January, are learning more transition into an AT&T title with the compa- about the job prospects under the new owner. rable AT&T management job classification.” Allied Wireless, led by CEO Frank O’Mara, It also said employees’ period of Alltel ser- Whispers operates a retail wireless business under the vice will be recognized by AT&T for purposes Alltel name that has 585,000 customers in rural of its benefits plan and vesting requirements, For daily news, register at ArkansasBusiness.com/Enews areas of six states: Georgia, North Carolina, and Alltel workers will be immediately eligible South Carolina, Illinois, Ohio and Idaho. The for coverage under AT&T’s health and wel- Price Tag, Please the University of Arkansas in company was assembled fare plans with no waiting You may have heard that 1967 before moving away. He from assets Verizon had to period. the historic 12-story Albert Pike now serves on the City Council divest after its 2009 purchase AT&T says employees who Hotel in downtown Little Rock of Richmond, Calif., where of Alltel Corp. of Little Rock. are eventually terminated will be undergoing an extensive Chevron U.S.A. Inc. saw its refin- Alltel has been owned by will have 60 days to apply for renovation. ery burn in August 2012, result- Atlantic Tele-Network Inc. of other positions within AT&T, But do you know how much ing in thousands of people Beverly, Mass., which is now and terminated employees the new owner, Summit Albert going to the hospital, according selling the business to AT&T. will receive a cash payment Pike Ltd. of Montgomery, Ala., to news reports. Those Alltel employees equal to two weeks’ salary for paid for the 130-unit apartment Chevron has said it will pay have been wondering about each full year of service, up project at 701 S. Scott St.? some sort of compensation to possible layoffs since the deal to a maximum of 52 weeks’ That would be $3.3 million. Richmond, but the settlement is was announced in January. salary. Those employees The seller is Albert Pike still being negotiated, Butt said. On May 23, they received a let- would also be eligible for up Residence Hotel Ltd., led by So Butt has suggested that ter from AT&T outlining what to six months’ of subsidized Philip A. Jones. Chevron pay for college tuition to expect as the likely closing COBRA media coverage. annually for the approxi- date for the purchase, Sept. 1, In an e-mail accompany- mately 1,000 students who approaches. ing the AT&T letter, O’Mara A California Promise? graduate from high school in In the letter obtained by told Alltel workers that the A California politician who Richmond each year. He said Arkansas Business, AT&T letter gives “a great indication grew up in Fayetteville is lobby- he modeled the idea after the El says it doesn’t plan any ter- of the fairness and straight- ing to implement a scholarship Dorado Promise, the $50 mil- minations “due to workforce forwardness with which program similar to the El Dorado lion scholarship program set up adjustments or surplus” for [AT&T intends] to approach Promise in his San Francisco by Murphy Oil Corp. to pay col- the remainder of 2013. It said Frank O’Mara, CEO of Allied Wireless this transition.” n Bay Area city. Tom Butt graduated from WHISPERS CONTINUED ON PAGE 4

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WHISPERS CONTINUED FROM PAGE 3 that Chevron will “come around” and One of those customers, Gregory A. announce a scholarship program. Hunt of Russellville, began his 33-month lege tuition and fees for all El Dorado sentence in the federal prison at Memphis High School graduates. It was launched in January, but he died Feb. 25 at age 46 in 2007. Judge to Standridge: No — from natural causes, according to the “I’ve been fascinated by this El Dorado U.S. District Judge Brian Miller, the motion Dudley filed. Promise deal,” Butt said. third federal judge to take on the bank With “one key witness … eliminat- He said he’s received tons of support fraud case of former Mount Ida insured due to an untimely death,” Dudley for his idea, but Chevron hasn’t said ance agent Steve Standridge, has said asked to depose the other, Danny Wood of much about it. When we asked Chevron, no to Standridge’s request to depose one Idabel, Okla., president of Wood Lumber we received this cryptic email response: of the government’s two primary wit- Steve Standridge, federal courthouse in Little Co., which has operations at Camden “Chevron U.S.A. Inc. looks forward to nesses. Rock, Sept. 18, 2012. [PHOTO BY MARK FRIEDMAN] and Idabel. continuing its ongoing discussions with Pretrial depositions are not gen- Wood also began his 30-month fed- the City of Richmond regarding how erally allowed in criminal cases, but When Standridge was indicted on 12 eral prison sentence in January — but at Chevron USA and the City can be effec- Standridge and his Little Rock attorney, felony counts last August, federal pros- the federal prison in Fort Worth, which tive community partners now and in the Tim Dudley, thought this situation was ecutors revealed that two of his former has special medical facilities. future,” the company said. special enough to make the request. customers had already pleaded guilty to “Mr. Wood, who is confined to a Butt said he’s “guardedly optimistic” Here’s why: aiding and abetting bank fraud. wheel chair, is at the facility because he is seriously ill,” Dudley wrote. Defendant Standridge “wishes to preserve Mr. Wood’s testimony because Mr. Wood has made substantial exculpatory statements concerning the defendant’s alleged role in the so-called conspiracy.” Judge Miller denied the request on May 15, saying Dudley’s information about Wood’s condition was simply incorrect. “Specifically, Wood’s attorney represented that he is unaware of any serious illness or life-threatening condition that Wood has incurred and that the reason Wood is being housed at that facility in Texas is because he is a paraplegic.” In fact, according to other court documents, Wood, 61, has been paralyzed below the waist since a sawmill accident in 1981. The prison clinical director told the court there was no reason Wood couldn’t travel and testify at Standridge’s trial, which is scheduled to begin Sept. 23. Wood, in pleading guilty in March 2012, admitted helping defraud Cham- bers Bank of Danville out of almost $3.2 million and the Bank of Delight out of $125,000 — crimes with which Standridge is also charged. But before that, in November 2011, L-R: Lloyd Walker, Ashley Carper and Chris Locke. Wood also pleaded guilty in U.S. District Court in Texarkana, Texas, to wire fraud for filing false loan documents in order to get loans totaling $1.82 million from Lone Star Production Credit of New Boston, The right people make Texas. He is serving 20 months for that charge, concurrent with his 30-month just the right bank. sentence from Arkansas.

ISSN: 1053-6582. USPS Number 730-650

Font specs (full size as used in Page One nameplate): Vol. 30 Number ARKANSAS 23, BUSINESS: Jun. Antenna 10 Condensed - Jun. Bold 80 pt .16, 2013. Arkansas THE STATE’S ... : Antenna Condensed Regular 10 pt. Color specs: C82 M40 Y10 K0 Business is publishedRule weight: 14 pt weekly for $64.95 per year, Visit one of our bankers today. Let’s build a relationship together. Leading: custom $94.95 per yearAlignment: out ﬂ ush right of state, 6 months in state for $39.95, 6 months out of state for $69.95 and $194.95 foreign per year (including Canada) by Arkansas Business Publishing Group, 122 E. Second St., Little Rock, AR 72201, P.O. Box 3686, Little Rock, AR 72203, (501) 372-1443, facsimile (501) 375-7933; Periodical postage paid at Little Rock, AR. Postmaster, send address change to Arkansas Business, P.O. Box 3686, Little Rock, AR 72203. Copyright 2013 Arkansas Business Limited Partnership. Subscribe Today: 501-372-1443 888-322-6397 arkansasbusiness.com/store

BXS_ArkansasBusiness_June2013.indd 1 6/3/13 2:17 PM WHISPERS Arkansas Business June 10, 2013 5

Game Change We can confirm that change is afoot for sports station KCJF-FM, 103.9 (The Game), in Jonesboro. BRING YOUR OFFICE TO LIFE. Come July 1, the station will be under new management, and that management has decided to drop the station’s sports programming. Dina Mason, general manager and president of MOR Media of Paragould, told Whispers that her company began a deal to acquire the station from Tall Cotton Media LLC in early May. Call the Green Team “It’s an opportunity to get into the Jonesboro market,” Mason said. 501-821-5770 She couldn’t reveal what the new con- PLANTationServices.com tent would be, but she did say the station’s current employees won’t be keep- ing their jobs. “Unfortunately, that’s the worst part of it,” she said. “The economy of scale is what makes every business work nowadays, and we will be absorbing the station into the operation that we currently have.” Find out how MOR Media currently has seven employees, Mason said. It owns KDRS- FM 107.1, which operates under the Jack to enhance FM brand, and publishes Paragould Premier magazine. She said the acquisition may eventually result in more hires, your career but it’s not in the immediate plan.

A Tale of Two Schools We didn’t want you to miss this ques- ualr.edu/mba tion that was nearly lost in our Executive Q&A with Michael Schwartz, the new dean of UALR’s Bowen School of Law: What do you think about Arkansas having two law schools, one in Fayetteville Convenient and one in Little Rock? “I think the concerns about this issue are misguided,” Schwartz said. Contemporary “Similar-sized states, such as Utah, Iowa, Mississippi and Kansas, all also have two. Connecticut, which has only a slightly larger population, has three, as Career-changing do the two next largest states in terms of population, Oklahoma and Oregon.” The real question, Schwartz added, is whether both schools are valuable to the state. He couldn’t speak for the law school in Fayetteville, but he was confident about Bowen. “Bowen is one of the 20 most innova- tive law schools in the country,” he said. “It is one of the 20 best law schools for government service, and Bowen’s legal writing program is consistently ranked in the top 20 in the country. Bowen graduates can be found on the federal and state benches, in the halls of Congress, the General Assembly and the Attorney General’s Office, Fortune 500 companies and prominent law firms.” n College Correction New York attorney James Van Doren is a of usiness co-defendant of former northwest Arkan- B sas developer Brandon Barber, but he was never Barber’s lawyer, as was incorrectly reported in a June 3 Whispers item. university of ArkAnsAs At little roCk 6 June 10, 2013 Arkansas Business

Notable Deaths ArkansasWeekly Ex-Chief of USA Drug Business Dies in Pine Bluff at 71

Report Stephen LaFrance Sr., who built est privately owned chain of drug- For daily news, register at ArkansasBusiness.com/Enews the USA Drug pharmacy chain and stores in the United States, along then sold it last year with a wholesale distribution com- Insurance to Walgreen Co. of pany that served more than 20,000 Deerfield, Ill., for customers around the country. $438 million, died Stephen LaFrance Pharmacy Inc., the Wednesday at his parent company of USA Drug, was 5 Firms Plan to Join home in Pine Bluff. among the state’s largest private com- He was 71. panies before it was sold to Walgreen LaFrance was in September 2012. According to Insurance Exchange born Oct. 30, 1941, Stephen Walgreen, the company’s revenue was in New Orleans. Not LaFrance Sr. about $825 million per year. Five health insurance companies Open enrollment for the Health long after LaFrance’s birth, the family After the sale, the LaFrance family last week said they plan to sell insur- Insurance Marketplace begins on moved to Monroe, La., where he was had been working to assemble a larger ance in Arkansas’ Health Insurance Oct. 1, and continues until March 31. raised. block of stock in Delta Trust Banking Marketplace, which is where consum- Consumers can access the HIM through After graduating from Northeast Corp. of Little Rock, a $441.8 million- ers will be able to buy health insurance the Arkansas Health Connector begin- Louisiana University, he moved asset lender. Talks stalled when share- under the Affordable Care Act. ning Oct. 1. to Atlanta to begin his practice as holders couldn’t agree on a price. The firms are Arkansas Blue “We are encouraged with this a pharmacist. While there, he met At last count, the LaFrance family Cross & Blue Shield of Little Rock; response to the new Marketplace Linda Baron, the daughter of his held a combined 8.15 percent stake National Blue Cross Blue Shield Multi- and anticipate the competition will then-boss, who later became his wife. in Delta Trust. Additional shares are state Plan; QCA Health Plan of Little keep premium prices low for all Together they moved to Pine Bluff. divided among Stephen LaFrance Jr., Rock, which does business as QualChoice Arkansans,” said Exchange Planning In 1968, LaFrance opened a phar- 0.81 percent; Jason LaFrance, 0.67 per- of Arkansas Inc.; Celtic Insurance Co. of Director Cynthia Crone in the news macy in Gibson’s Department Store. cent; and their LAF Brothers LLC, 0.86 Chicago, through its subsidiary NovaSys release. During the next 44 years, he built percent. Health; and United Security Life & Health Crone told the Associated Press that what became USA Drug into the larg- — Arkansas Business Staff Insurance of Bedford, Ill. the department’s next step will be to The companies also submitted their review the companies’ service areas planned service areas for 2014, which to make sure customers have a choice Nicholson, Long-Time GM of KATV, Dies will be reviewed by the Arkansas among at least two carriers in each of Insurance Department, according to an Arkansas’ 75 counties. Dale Nicholson, who presided over Gov. David Pryor. AID news release. — Mark Friedman one of Arkansas’ most influential tele- “My family will be forever thankful vision stations for 25 years as general to Dale for his efforts through KATV manager, died at his and Allbritton Communications to Education Little Rock home on share Arkansas video archives with June 1. He was 74. the Pryor Center for Oral & Visual ASU Looking Into research, and external support.” Nicholson retired History, giving all Arkansans access Hudson said he expects to compile a as general manager to generations of television history,” Starting Osteopathic report and recommendation on how to of KATV-TV, Channel Mark Pryor said. “Dale made the proceed for Welch and the ASU Board of 7, the ABC affiliate, in world around him a better place, and Medical School Trustees before the end of the year. October 2009 after 25 he will be sorely missed.” Jason Penry, ASU’s chief of staff, is years in the top posi- Dale Mark Rose succeeded Nicholson as Arkansas State University Chancellor overseeing the study. tion. He was chair- Nicholson general manager at KATV and worked Tim Hudson announced Tuesday that the He said next steps include finding man of the station, owned by Allbritton for him for 25 years. Rose said he university is exploring public-private people and institutions to provide coun- Communications, at the time of his death. learned “thousands” of business les- partnerships to establish an osteopathic sel on “everything from accreditation In a statement, U.S. Sen. Mark Pryor, sons from Nicholson over the years. medical school in Jonesboro. and curriculum to operations and facili- D-Ark., called Nicholson “an icon of “One which comes to mind first, he According to a news release from the ties.” television management and a wise once told me, ‘Hire good people and university, ASU System President Charles ASU also said it has been in discus- risk-taker.” He also noted Nicholson’s stay out of their way ... coach, support Welch authorized Hudson to work with sions with Jonesboro city leaders, includ- contribution to the Pryor Center for and encourage. But allow people to lead local leaders and representatives of ing Mayor Harold Perrin and Jonesboro Oral & Visual History, which is named or they will never become a leader.’” osteopathic medical schools on a feasi- Regional Chamber of Commerce CEO Mark for Pryor’s father, former Arkansas — Lance Turner bility study for the project. Young, and executives at St. Bernards “Arkansas State has a long tradition Healthcare and NEA Baptist Clinic, of creating programs that meet state both in Jonesboro. Government needs,” Hudson said. “An osteopathic Those leaders said an osteopathic medical school could be transformative medical school would be a new eco- inspector general post. Lawmakers cre- for our state and our region.” nomic engine for the Delta, attracting Inspector General ated the position this year to oversee an Hudson said ASU is considering part- medical professionals and increasing the Of State Medicaid office aimed at preventing waste, fraud nerships with existing private osteopath- availability of primary care. and abuse in the $5 billion program. ic medical schools, following models in ASU officials said there would also be Program Named Shue has directed the Medicaid Fraud states like Alabama, Arizona, Oregon collaborative research and other educa- Control Unit at the Attorney General’s and South Carolina. He said ASU offi- tional opportunities between medical The director of the attorney gen- Office since 2007. Before that, he spent 10 cials have already made site visits as part professionals and students. eral’s Medicaid Fraud Control Unit has years as a deputy prosecutor for the Sixth of preliminary research. ASU said doctors of osteopathy are been tapped to serve as Arkansas’ first Judicial District. “With this concept, we would not seek one of the fastest growing segments of Medicaid inspector general. The Inspector General’s Office will be state funding,” Hudson said. “The school health care professionals in the U.S. Gov. Mike Beebe on Thursday named created July 1 under the new law. would generate revenue through tuition, — Lance Turner Deputy Attorney General Jay Shue to the — The Associated Press WEEKLY REPORT Arkansas Business June 10, 2013 7

NORTHEAST ARKANSAS Jonesboro Firm Buys City Building For $775,000

U.S. Marshals Museum, Fort Smith. [SUBMITTED PHOTO] Tiger Correctional Services recently software to prisons. NORTHWEST ARKANSAS bought Jonesboro’s City Hall building for In the last year, Tiger Correctional $775,000 and expects to move in by the added 25 employees, bringing the total middle of June. close to 80. Niell said that he expects to Marshals Museum Plans The Jonesboro company, which pro- add more employees this year, but he vides a variety of services to federal, state didn’t have a number. “It just depends on and county prisons in 23 states, had out- what kind of contracts we get,” he said. ’16 Opening in Fort Smith grown its offices, said Tiger Correctional Prison construction was recently added CEO Chad Niell. “Some of our corporate to the services provided, he said. FORT SMITH — Officials say a fall an eight-story-tall arm facing west headquarters were in one warehouse Tiger’s revenue for 2012 was about $15 2016 opening is planned for the $50 toward Oklahoma. and some were in the other,” he said. million, which indicates a growth of 30 million U.S. Marshals Museum in Fort Organizers plan a year’s worth of When he learned that the City Hall to 40 percent over the past three years, Smith. events in advance of the 2014 ground- building was available, Niell bought the Niell said. The museum’s board of directors breaking. This fall, the museum will approximately 14,000-SF building for the In September 2012, Tiger was named said Tuesday that groundbreaking for dedicate the cornerstone for its Hall corporate offices so the company can one of the nation’s fastest-growing pri- the museum will be held Sept. 24, 2014. of Honor, which commemorates continue to expand. vate companies by Inc. magazine based The Southwest Times Record reports U.S. marshals and deputy marshals Tiger offers inmate food service, on Tiger’s 2011 revenue of $10.1 million. the groundbreaking will coincide with who died in the line of duty, offi- inmate commissary and management — Mark Friedman the release of a commemorative coin cials said. The museum also plans a marking the 225th anniversary of the Descendant’s Day event that includes Marshals Service. a trip to Tahlequah, Okla., to explore Pocahontas Voters to Vote on Tax for Pool Officials say they’ve raised $11.7 the marshals’ relationship to the POCAHONTAS — Voters in project is paid off. The second half-cent million so far for the museum, and Cherokee Nation. Pocahontas will decide next week on tax will be permanent. expect to receive another $4 million Also Tuesday, the board announced a sales tax increase to pay for a new Both taxes must pass for the project to $5 million from sales of the com- members of the museum’s National aquatic center. to move forward. City Clerk Suzanne memorative coin. Leadership Council. Members include An election is set for Tuesday, when Hawkins says it could take up to 12 years The museum is to honor the U.S. Gov. Mike Beebe, former Gov. Mike voters will consider two half-cent sales to pay for the estimated $6.5 million in marshals who were based in Fort Huckabee, Asa Hutchinson and former taxes for the proposal. The Jonesboro construction costs. The plan calls for an Smith and patrolled the Indian terri- Oklahoma Gov. Frank Keating, among Sun reports that the first tax would pay indoor and outdoor pools. tory that is now Oklahoma. It will be others. for construction costs and end once the — The Associated Press located along the Arkansas River with — The Associated Press

SOUTH ARKANSAS Arkadelphia, Fort Smith in Makeover Competition

New Housing in 2012 Arkadelphia and Fort Smith are among more than 100 cities and towns Highlights in the U.S. and Canada that are in the running for a downtown makeover per- The U.S. Census Bureau last week residential construction completed in the Development. formed by Benjamin Moore & Co. released its annual report on new privately United States in 2012. The agency gath- For more information, including high- Benjamin Moore kicked off its “Main owned residences. The report includes ers the information from its Survey of lights of multifamily residential con- information about the number of bed- Construction, which is partly paid for by struction, visit Census.gov/construction/ Street Matters” program in May, asking rooms, bathrooms and other elements of the U.S. Department of Housing & Urban chars/. residents to nominate their towns for a new coat of colors, compliments of the Of the 483,000 single-family homes completed in 2012: New Jersey paint company. ◗ 432,000 had air conditioning. Deborah Sesser, board president of ◗ 63,000 had two or fewer bedrooms and 198,000 had four bedrooms or more. downtown Arkadelphia and director of grants and research for the city, said the ◗ 34,000 had one and one-half bathrooms or less; 145,000 homes had three or more bathrooms. project would be an economic boon for ◗ 142,000 had a full or partial basement, while 78,000 had a crawl space, and 263,000 had a slab or other type of foundation. the area if Arkadelphia wins. ◗ 266,000 had two or more stories. “We want to increase general interest ◗ 278,000 had a warm-air furnace and 183,000 had a heat pump as the primary heating system. in downtown, which is what this would ◗ 285,000 heating systems were powered by gas and 189,000 were powered by electricity. benefit,” she said. Voting takes place at ◗ The average single-family house completed was 2,505 SF. PaintWhatMatters.com until June 30. — Luke Jones 8 June 10, 2013 Arkansas Business WEEKLY REPORT NORTHWEST ARKANSAS Deck Sees Growth for NWA but Expresses Caution As the audience filed into the highlighted Deck’s nearly hour-long pre- Nationally, growth is much slower. ing, government and construction since Quarterly Business Analysis luncheon sentation at the Shewmaker Center at And in the case of the state of Arkansas April 2012. Employment for the state has many told Kathy Deck, director of the Northwest Arkansas Community College. as a whole, “the state is not performing as grown by about 0.8 percent since last Center for Business & Economic Research Employment, housing growth and fall- well as the rest of the country,” Deck said. year, while the growth nationally has at the University of Arkansas, they came ing unemployment show the region is Some metro areas like Fort Smith been about 1.6 percent. But northwest seeking positive news. rebounding nicely from the recession. In and Pine Bluff continue to lose jobs. Arkansas has seen more than 5 percent For those focused on northwest fact, Deck said employment numbers have Little Rock (and central Arkansas) has growth. Housing starts have nearly dou- Arkansas, Deck delivered. But for the eclipsed the highs seen prerecession. shown growth, but is not back to prere- bled in the region, though Deck cau- state and nation, Deck remained cau- “We’ve blown past those numbers,” cession workforce numbers. Jonesboro tioned the bar for comparison was set tious and at times less than optimistic Deck said. “We’ve blown past them by has grown, but not enough to make a pretty low after the housing market col- about economic growth. about 10,000 jobs at the prerecession significant impact on the state economy. lapse in 2008. Evidence of that strong performance peak.” Arkansas has lost jobs in manufactur- — Chris Bahn

Conway Scrap Metal Yard. [SUBMITTED PHOTO] CENTRAL ARKANSAS Conway Council Considers Purchase Of Scrap Yard Site

The Conway City Council recently signaled its interest in buying the 1.23-acre site of the Conway Scrap Metal Yard at 1110 Spencer St., despite a number of environmental concerns. In a memo to the council and Mayor Tab Townsell, Scott Grummer, Conway’s community development block grant program manager, proposed an opening offer of $275,000. This figure does not include the cost of environmental remediation, which cannot exceed $50,000 without adjustments being made to the purchasing price, the memo said. An Environmental Protection Agency assessment of the property conducted on behalf of the city uncovered a number of issues. Grummer said EPA rule changes made last year would require the city to purchase the site before pursuing federal grants to cover remediation costs. Grummer said the acquisition would give the city access to a large stormwa- ter culvert beneath the property, which could help resolve downtown flooding issues. He said the property could also be developed as a community park or amphitheater, but that such plans were speculative. The property’s owner, the Rosa M. West Revocable Trust, is being represented by John Jordan, an agent at Legacy Realty Inc. in Conway. Jordan said his client has been looking at properties more than twice the size of the current scrap yard for relocation. A cost estimate for environmental remediation is expected to be available in July. — Jordan King Arkansas Business June 10, 2013 9

For Lease Class A Warehouse Building 104 Champs Boulevard, Maumelle, AR

The rural gateway to Waterview Estates, Waterview Meadows and more. [PHOTO BY JASON BURT] Investors Shift Over the Years Four of the original 15 investors in the Waterview Meadows residential development have gone by the wayside, and a new face joined the mix. •New ownership & •38 dock high Doors The financial freefall and legal troubles ofGene Cauley led the once high-flying lawyer’s remodeling in process exodus from the ownership picture. His courtroom woes culminated in an 86-month sentence •2.3 Miles from Interstate 40 in 2009 for stealing more than $9 million from a client trust. •500,000 SF Building Size •Climate Controlled In addition to Cauley, three homebuilders also left the Waterview Meadows investment •300,000 SF Available (can •Rail Access group. subdivide) Ronnie Gage of Ron Gage Construction Inc. was found dead after a one-vehicle accident •Column Spacing-50’ x 40’ on Dec. 12, 2009. Some believe Gage, 67, suffered a heart attack that caused the crash on •Ceiling Height-34’ sidewalls, Highway 300, which leads to the gated entry for Waterview Estates and Waterview Meadows. 46’ peak Jon Lewis of Lewis Home Builders Inc. and Robert Boyles Jr. of Robb Boyles Construction Co. both filed for Chapter 7 bankruptcy on June 18, 2010. Lewis listed nearly $2 million in assets and $16.6 million in debts. Boyles listed assets of $402,754 and debts of $11.4 million. CoNtACt: Rick Ferguson took over Cauley’s position, while the stakes of Gage, Lewis and Boyles were reallocated among various Waterview Meadows investors. Another homebuilder, Oscar Jim Irwin/Clark Irwin Washington, joined the group about four years ago. 501.225.5700 Besides Ferguson and his dad, Randy, other remaining original Waterview Meadows investors include homebuilders Mike Kuhn, Mark Baker, Bill Parkinson, Carl Henson, Thomas Chambers, Bret Franks, Richard Harp and Chuck Hamilton. Rounding out the original investors is Steve Wortman, president of Little Rock’s Kaufman Lumber Co. Each of the original 15 members started with a 6.66 percent share in Waterview Meadows LLC. NOTICE OF PUBLIC SALE — George Waldon Notice is hereby given that the following described collateral securing the outstanding debt owed to ONE BANK & TRUST, N.A., by RIDGE CAPITAL PARTNERS, LLC, Borrower; and HERRINGTON, INC., and PHIL HERRINGTON, INDIVIDUALLY, Guarantors, will be sold Lagging sales in Waterview Estates “AS IS, WHERE IS,”: Ferguson: Buys led to a reworking of debt earlier this year Seven (7) limited liability membership interests in Founders Ridge IV, LLC with Regions Bank of Birmingham, Ala. (This entity owns real estate in Utah County, Utah more particularly described Waterview debt, Ferguson orchestrated the purchase as Lot 4, Plat “K”, the Ridge Lots at Sundance Community Preserve, a of four Regions mortgages that totaled Sundance Recreational Resort Subdivision), and $6.3 million (as of February 2012) in a Regions Bank Seven (7) limited liability membership interests in Founders Ridge IV, LLC deal that allowed him to shed more than (This entity owns real estate in Utah County, Utah more particularly described $1 million of debt and releverage most of as Lot 5, Plat “K”, the Ridge Lots at Sundance Community Preserve, a exits the project the property. Sundance Recreational Resort Subdivision). The Regions mortgages were replaced The sale shall be done by PUBLIC SALE open to the general public, said sale to be held at 12:00 Continued From Page One with a $3.5 million loan from Malvern noon on Tuesday, July 2, 2013, on the front steps of Hopkins Law Firm, A Professional National Bank and a $1.4 million loan Association, Attorneys at Law, located at 1000 West Second Street (Second & Chester Streets), of Ferguson's upscale home building from Bank of Little Rock. Little Rock, Arkansas 72201, with the above described property to be sold to the highest and best bidder. The terms of sale shall be for cash, cashier’s check, wire transfer, or other payment business, all but dried up as the Great Securing the Malvern National mort- acceptable to One Bank due by 2:00 p.m. day of sale. If payment is not received by 2:00 p.m. on the Recession bore down. gage are 15 lots in Waterview Estates and date of sale, One Bank will accept the next highest bid. For additional information, please contact All of this brought additional pres- 200 undeveloped acres north of Roland. Mr. Rick Baney with One Bank & Trust, N.A., at (501) 370-4594, or Gregory M. Hopkins, Esq., sure on the ambitious Waterview Estates The property previously secured two with Hopkins Law Firm, A Professional Association at (501) 375-1517. project that he and his father, Randy, pieces of Regions debt: a $1.7 million THE MINIMUM BID IS ONE MILLION DOLLARS ($1,000,000.00). launched. Waterview Estates construction loan and The 38-lot opening phase of $2.7 million owed on a $3 million letter DATE OF PAYOFF: May 31, 2013 Waterview Estates, overlooking Lake of credit. PAYOFF AMOUNT DUE: $4,775,323.20** Maumelle near Roland in west Pulaski The Bank of Little Rock mortgage is County, is home to eight houses, two of secured by 224.2 acres about five miles INTEREST - PER DIEM ACCRUAL $ 777.71 (per diem after May 31, 2013) them owned by Rick Ferguson. Another west of the Waterview Estates project. TOTAL: $ 4,775,323.20*** is owned by Bank of Little Rock after the The undeveloped land previously was bankruptcy of homebuilder Jon Lewis. tied to $1.1 million of Regions debt. [ATTY’S FEES & OTHER COSTS $ TBD] "We're all struggling," Ferguson said Earlier this year, Ferguson also used *** Amount does not include attorney’s fees, court costs, and other expenses allowed by loan of the market conditions. some of his substantial west Pulaski documents and applicable law. Financial strain shook up the owner- County acreage to rework real estate debt ship roster in a neighboring residential that he and Cauley took on before Cauley THIS NOTICE OF SALE IS GIVEN PURSUANT TO THE ARKANSAS UNIFORM COMMERCIAL CODE AND THE PLEDGE AGREEMENT EXECUTED BY BORROWER project that Ferguson and his dad put went to federal prison for stealing more IN FAVOR OF ONE BANK & TRUST, N.A. together with 13 others. (See sidebar, Page 10.) FERGUSON CONTINUED ON PAGE 10 10 June 10, 2013 Arkansas Business

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Neighboring Neighborhoods Waterview Estates isn’t the only neighborhood behind the gated entryway off Highway 300. Two other residential projects adjoin the north side of Waterview Estates:

Waterview Meadows River Valley View Estates Metropolitan Of the 272 acres, 56.8 acres was platted Of the 111 acres, 33.7 acres was platted and developed into 58 lots. This fi rst phase and developed into 31 lots. This fi rst phase contains two homes. contains fi ve homes. Tower The land is tied to a nearly $7.9 million The land is tied to a nearly $2.8 million mortgage, and funding for the infrastructure mortgage, and funding for the infrastructure is linked with two loans that totaled $3.7 is linked with a $2.3 million loan. l Located in the Heart of the million. Financier: Centennial Bank of Conway Financier: Centennial Bank of Conway Last lot sale: $91,000 for a 1.4-acre site on Central Business District Last lot sale: $126,000 for a 1.1-acre site com- Feb. 20, 2013 l Exclusive High Rise Views prising two adjoining lots on May 24, 2013 l Attached Parking Garage l 24 Hour Access FERGUSON CONTINUED FROM PAGE 9 Kuhn, a Waterview Meadows investor. “We have seven presolds we’re fixing to l Flexible Lease Terms than $9 million from a client trust. start on out there.” Ferguson transferred 75 acres of The project’s $11.6 million finan- l Single Offices to Multiple Floors undeveloped land about 4.5 miles west cial package has been modified and l High Performance Fiber Optic Technology of Waterview Estates to IberiaBank of extended six times by Centennial Bank Lafayette, La., to partially settle debt of Conway since September 2007. The owed on an unsuccessful industrial deal latest changes to the three Waterview Space is available at the Metropolitan Tower! Conveniently located through I-30 Land Co. Meadows loans were made in April and at the intersection of Capitol Avenue & Broadway Street, the He put up 127 acres about two miles include a two-year extension. Metropolitan Tower provides a professional atmosphere, on-site northwest of Valley Falls Estates as col- “Centennial has been absolutely fan- banking, florist, hair salon & restaurants. lateral on $1.6 million of remaining debt tastic to work with,” Kuhn said. “They’ve with IberiaBank. adjusted rates to help. What else can they Cauley and Ferguson's I-30 Land do? They don’t want to make this diffi- To find out more about originally owed IberiaBank $5 million cult. We’re all partners in this together.” the Metropolitan Tower, secured by the 57.3-acre former Lucent To help generate activity, a group was call or go online today. Technologies development at 7400 Scott formed within the group. Five of the Hamilton Drive. Waterview Meadows investors estab- The 572,800-SF industrial facility in lished WVM Construction LLC, which southwest Little Rock was sold a year ago built and sold two spec homes. for $2.47 million to Goodwill Industries WVM is composed of Randy Fer- of Arkansas Inc., led by Brian Itzkowitz. guson, Carl Henson, Bill Parkinson, www.flake-kelley.com "You just keep working hard," Fer- Oscar Washington and Bret Franks. guson said of his business travails. A 3,136-SF home on a 0.63-acre lot was sold for $475,000 in July 2012, and a 3,587-SF home on a 0.6-acre lot sold last In the Meadows month for $454,000. In an effort to reduce The president of Mike Kuhn Con- the price point of home sites, the original struction Inc. reports that several new 40-lot configuration of the first phase For More Information, Contact: James Harkins homes will start construction in the was replatted into 58 lots. 425 W. Capitol Ave. 300, Little Rock | 501.375.3200 coming weeks in the neighboring “We got started on this at a bad time, [email protected] | www.flake-kelley.com Waterview Meadows neighborhood. when the housing market slowed down,” “It’s definitely picked up,” said Mike Kuhn said. n Law Notes Arkansas Business June 10, 2013 11

Grand Jury Indicts Shoffner Almost 10 Percent of Federal On Bribery, Extortion Counts District Judgeships Vacant Former Arkansas Treasurer Martha As of last week, almost 10 percent of Shoffner, who on May 31 withdrew a federal court judgeships were vacant, planned guilty plea to a single federal including one created when U.S. District charge of extortion, was indicted by a fed- Judge Jimm Larry Hendren of Fayetteville eral grand jury Wednesday on 14 counts, took senior status on Dec. 31. including receiving bribes and extortion. U.S. District Judge Susan Webber Shoffner was arrested at her Newport Wright Carter of Little Rock has also home May 18 after the FBI said it caught announced her plan to take senior status her on tape accepting a $6,000 payment — a sort of semi-retirement with reduced from the broker, who hasn’t been identi- caseload — in August. That would create fied. another slot for someone to take a life- The indictment contains six counts of time appointment once nominated by extortion, one count of attempted extor- President Barack Obama and confirmed tion and seven counts of receipt of a by the U.S. Senate. bribe. In March, Sen. Mark Pryor, D-Ark., Shoffner’s lawyer, Chuck Banks of Shoffner now faces 14 counts, including receipt of bribes and extortion. [PHOTO BY MAUREN KENNEDY] suggested four names for each judgeship: Little Rock, issued the following state- Timothy L. Brooks, Jon B. Comstock, Niki ment: after Shoffner’s plan to plead guilty to a According to the U.S. Attorney’s T. Cung or Mark T. Fryauf for Hendren’s “Martha Shoffner is presumed single charge of extortion broke down as Office, the statutory penalty for extor- bench in the Western District, and Justin innocent under the United States she answered questions from U.S. District tion and attempted extortion under color T. Allen, Jane W. Duke, James “Jay” Moody Constitution. She is entitled to a fair trial Judge Leon Holmes. Shoffner admitted in of official right is no more than 20 years Jr. or Derrick W. Smith for the upcoming by a jury of her peers and I’m fully satis- court that she accepted the cash payments of incarceration, a possible fine of up to vacancy in the Eastern District. An alli- fied she will receive one in the United from the bond broker, but she denied that $250,000, and no more than three years ance of African-American organizations States District Court here in Little Rock. they influenced her official decisions. She of supervised release. has complained that only one of the eight “I am a staunch advocate for the 7th also denied that she had “demanded” the The statutory penalty for receipt of a — Smith — is black, but Pryor’s spokes- Amendment right to trial by jury. It is payoffs, as alleged, but said the money bribe by an agent of a state government man, Michael Teague, said last week that essential to our democracy.” was offered and she accepted. receiving federal funds is no more than the senator had made no change in his He told Arkansas Business that he and U.S. Attorney Chris Thyer told The 10 years of incarceration, a possible fine recommendations. his client would force the government Associated Press that he believed of up to $250,000, and no more than The president has not formally nom- to prove every point of every allegation Shoffner’s admission in court could be three years of supervised release. inated anyone for either judgeship in “beyond a reasonable doubt, which is the used against her in the trial. Thyer said Shoffner resigned last month under Arkansas. But, the federal court system’s highest level of proof.” he expected Shoffner to make her first pressure from fellow Democrats and The indictment came less than a week court appearance in the coming days. Republicans. LAW NOTES CONTINUED ON PAGE 14

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The DOJ said on its website that it takes into account when determining a punishment whether the corpora- Internal Investigations Mean Big Money for Firms tion made “a voluntary and timely dis- closure” and its willingness to provide The winners in internal investigations internal investigation. information and evidence in a case of of companies are the attorneys and the But a number of firms are working with wrongdoing. accountants who are hired to do the work. Wal-Mart on compliance issues. One of “These law firms aren’t cheap,” said those firms is Mitchell Williams Selig Gates In addition, the company can com- Russell Mokhiber, editor of the Corporate & Woodyard of Little Rock, according to plete an investigation in an FCPA case Crime Reporter, a weekly newspaper head- one local legal expert who asked not to be faster than the government. quartered in Washington, D.C. “They’re named. A Mitchell Williams spokeswoman “In an FCPA investigation more likely throwing their full legal weight to try and declined to comment. than not all of the relevant documents, prevent a guilty plea.” Because the Department of Justice and evidence and witnesses are located in The work has become big business for the Securities & Exchange Commission foreign countries,” Koehler said. “When the firms handling the investigations. seem to prefer to have former prosecutors the DOJ and the SEC go looking for evi- “The costs of internal investigation at a handling a company’s internal investigation, dence in foreign countries, they are, with major company can run into the millions, it doesn’t hurt the firm that earlier this year good reason, subject to a whole host of and even hundreds of millions, of dollars,” it hired two former Assistant U.S. Attorneys, legal impediments and roadblocks.” Peter Henning, a professor of law at Wayne Jane Duke and Karen Whatley. If the DOJ gets wind of an alleged State University Law School in Detroit, said It’s unclear, however, how much work the in an email to Arkansas Business. firm is doing for Wal-Mart and whether it is in the email to Arkansas Business. criminal activity, however, it will inform Wal-Mart said in company filings that even working on the FCPA issues. “The hope is that the company will the company, said Daniel Richman, a it has spent more than $230 million in “You just really never know what they’re find out about all the possible wrongdo- professor of law at Columbia Law School its investigation into the Foreign Corrupt working on,” the legal observer said. “A lot ing and report that to the government,” in New York and a former Assistant U.S. Practices Act allegations. of it is very confidential.” Henning said. Attorney in New York. Wal-Mart has hired the law firm of Jones The faster the company conducts “They won’t demand that the firm Day of Washington, D.C., to handle the — Mark Friedman its investigation, and shows that it has hire a particular outside counsel, but the changed its ways, the cheaper it will be firm will know it has to,” he said. “I mean for the firm, said Bud Cummins, general we’re dealing with very sophisticated a violation from recurring, Koehler said. be, and usually are, taken to mitigate the counsel for the Circumference Group of players here. … And [it] will be a very conflict,” Richman said. Little Rock and the former U.S. Attorney good signal that the company’s trying to The internal investigation is usually for the Eastern District of Arkansas. cooperate with the government.” Avoiding Conflicts led under the direction of independent By cooperating with the government, While the government is interested in When a company hires a law firm to board members, Richman said. In Wal- the company will possibly see a reduced what happened in the past, the internal police itself, questions are raised about Mart’s case, the Audit Committee of fine, if one is called for, because the gov- investigation also will show whether the conflict of interest. its board of directors is conducting the ernment didn’t have to work so hard to company’s internal controls were inef- “A conflict of interest is inherent in get the information, Cummins said. fective and need to be changed to prevent any internal inquiry, but measures can INVESTIGATION CONTINUED ON PAGE 14

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INVESTIGATION CONTINUED FROM PAGE 13 ing the global compliance review, program enhancements and organizational Law Notes investigation. changes,” Jeff Davis, Wal-Mart’s execu- Another corporate strategy is to hire a tive vice president of finance and trea- LAW NOTES CONTINUED FROM PAGE 11 In the Western District, 288 criminal firm that has a reputation for conducting surer, said in a May 16 earnings call, a cases were closed, which was a drop of extensive and complete investigations transcript of which was posted on the website, USCourt.gov, indicates that’s 4 percent over the previous year. with integrity, Richman said. “And that’s company’s website. not unusual. Nominees are pending The Eastern District reported 345 why you’ll often find these investigations Wal-Mart said it expects to spend in only 19 of the 65 vacancies. criminal cases pending as of March are conducted by former prosecutors between $65 million and $70 million in 31, 2012, which was about the same who have a degree of credibility with the the second quarter for FCPA compliance Criminal Filings Mixed, number on March 31, 2011, at the government,” he said. expenses. That’s on top of the $157 mil- same time last year. The Western In 2012, Wal-Mart named Tom Gean, lion it shelled out during its last fiscal Bankrupties Decline District saw its pending criminal who has worked for the company since year, which ended Jan. 31, in connection Criminal charges in the U.S. District cases increase 8.4 percent to 246 on 2004 and was a former U.S. Attorney, with investigations into possible viola- Court’s Western District of Arkansas March 31, 2012. as its global FCPA compliance officer. tions of the FCPA. climbed 7.1 percent for the 12-month The U.S. Attorney for the Eastern It also hired the law firm of Jones Day If Wal-Mart does reach a settlement period that ended March 31, 2012. District is Christopher Thyer. of Washington, D.C., which has offices with the government, which would prob- The Western District had 302 crim- Bankruptcy filings, meanwhile, around the world and a team of 2,400 ably be in the form of a deferred prosecu- inal filings for the 12-month period were down 10.6 percent in Arkansas attorneys, to handle the internal investi- tion agreement, it would more than likely that ended March 31, 2012, while in for the same 12-month period. gation. A spokesman for Jones Day didn’t involve an agreement to have a compli- Arkansas’ Eastern District, there were Across the country, filings were return a call for comment. ance monitor, said Koehler, editor of the 274 new criminal cases, a decline down 14.4 percent to 1.17 million. legal blog FCPA Professor. of 10.5 percent from the previous 12 In Arkansas’ Eastern District, 7,815 “Compliance officer sounds like one months, which were the latest num- filings occurred, which was down 8 Fines vs. Fees person, but it’s normally an army of peo- bers available from the Administrative percent from the same period a year Whatever fine Wal-Mart eventually ple,” he said. “And it’s not uncommon for Office of the U.S. Courts. ago. Of the new filings, 3,508 were receives, it probably won’t compare to monitor actions to easily reach $10 mil- Arkansas cities in the Western Chapter 7 liquidations. the fees Wal-Mart has paid out in con- lion a year.” District include Fayetteville and Hot As of March 31, there were 15,935 nection with the investigation and com- In the deferred prosecution agree- Springs. Eastern District cities include bankruptcy cases pending, a decline pliance. ments, the companies typically never Jonesboro, Little Rock and Pine Bluff. of 2.9 percent from the previous 12 In the first quarter, Wal-Mart spent admit nor deny that they did anything The U.S. Attorney for the Western months. In the Western District, new $73 million on matters tied to its internal wrong either, said Mokhiber, the editor District is Conner Eldridge. bankruptcy filings fell 14.4 percent to investigation, according to company fil- of the Crime Reporter. There were 271 criminal cases 4,894. ings. “And then they violate it again, and resolved in the Eastern District dur- The Western District had 2,930 “Approximately $44 million of the they get another deal,” he said. “So ing the 12-month period that ended Chapter 7 filings in the period. It also expenses represent costs incurred from there’s very little possibility for civil con- March 31, 2012, which was a decline has 9,226 cases pending, down 5.4 per- the ongoing inquiries and investigations, tempt charges against the company for of 16.1 percent from the pervious year. cent from the same period a year ago. n while $29 million covers costs regard- violating the original consent order.” n

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expert accounting and tax advisors for legal professionals bellandcompany.net / 501.753.9700 SPOTLIGHT: Law Arkansas Business June 10, 2013 15 Business People, We Need the Jury Trial n the room were a live mos- the colonies about whether ing bored through much of the not direct the outcome before a quito and a dead body. to ratify the Constitution, one trial) take time and care in their jury. The overwhelming major- IWhen the crime scene of the arguments cited by the deliberations after retiring to ity of jurors want to get a just investigator began to trap the anti-Federalists was that the the jury room. Jurors sometimes result, not one based on the sta- mosquito, it didn’t even try to original text did not provide for deliberate longer than the trial tus of a party. fly away. Why? Because when jury trials in civil cases (even itself took. Somber and sincere So what is the downside of the shot was fired, the gunshot though Article III allowed for consideration becomes evident being overly anxious that a jury residue coated the mosquito’s juries in criminal cases). The in many ways. It would be easy is waiting to hammer (finan- wings, rendering it incapable Seventh Amendment remedied for a jury to make short work of cially) a corporate party? The of flight. And since the mos- this flaw. a corporate defendant’s actions answer is that undue fears are quito had, of course, bitten both The jury process empowers if the jury only needed to know expensive. There is nothing the victim and the shooter, the ordinary citizens. Most of us that one party was a corpora- Commentary wrong with buying peace if a mystery was solved by a DNA who participate as lawyers in tion. trial can be avoided — whether match using the blood in the this system see many jurors That’s far from how it works. Jim Simpson it’s before a judge or a jury — mosquito. The case was closed initially shy away from this Jurors routinely and voluntarily [email protected] by reasonable compromise. But in one hour. power; they feel that “I don’t wade through long delibera- to pay far more than a case is Viewers and potential jurors want this much responsibility” tions, asking questions of the times through intense debate worth just to avoid a jury trial is love the C.S.I. shows. In the or “I don’t want to judge other judge, asking to review volu- — of different and competing a mistake. And in a small state, recent past, nine of the top people” or “I’m here involun- minous exhibits and asking for political views, economic back- word gets around if a business 20 nationally rated television tarily.” a re-reading of the court’s jury grounds and religious and cul- regularly settles its cases for too shows were forensic crime dra- Nevertheless, about 32 mil- instructions. They move from tural traditions. And in this much money when facing a jury mas. lion people are randomly select- being hesitant and reluctant “magic,” more often than not, trial. That’s just not good busi- So can real jurors be suc- ed to serve as jurors in the U.S. to being fully immersed in the the right result is reached by a ness. n cessfully educated away from each year, and about 50,000 process and the outcome. It’s jury. the television perception of the jury trials take place in the U.S. a process that requires jurors Empirical evidence about the Jim Simpson is a partner with expectations of “scientific evi- annually in state and federal to harmonize sometimes vastly overall high performance of the Friday Eldredge & Clark in Little dence?” Similarly, can they be courts. A jury trial enables the divergent competing perspec- American civil jury abounds, Rock, where he heads the firm’s persuaded during a jury trial public to participate in the judi- tives. and if individuals and compa- General Litigation Practice that preconceptions about busi- cial process. This is absolutely no criti- nies were aware of it, they’d be Group. He will be sworn in as nesses cheating, destroying Most trial lawyers can tell cism of a trial conducted by a much less afraid of jury incom- president of the Arkansas Bar documents and hiding facts you that though jurors often judge only. Those work too. But petence. The empirical studies Association on June 14. Email may not be at all true? begin the trial process reluc- there is something almost magi- also show that the fact that a him at Simpson@FridayFirm. During the debate within tantly, most (even while look- cal about the blending — some- party has “deep pockets” does com.

Bruce Munson Beverly Rowlett John Moore

400 West Capitol Avenue, Suite 1900 Little Rock, Arkansas 72201 (501) 374-6535 www.mrmblaw.com Tim Boone Mark Breeding Shane Strabala

Civil Litigation | Product and Premises Liability Malpractice | Transportation and Trucking | Commercial Coverage | Appeals | Toxic Torts | Bad Faith Sarah Cullen Kara Mikles Mary Carole Crane 16 June 10, 2013 Arkansas Business OVERVIEW Mitchell Firm Still No. 2 but Catching Up By Jan Cottingham director at the firm, but it has ing the addition of 12 lawyers, [email protected] sought to diversify its practice, Kutak Rock, which has offices “We have had remarkable growth in adding lawyers focusing on throughout the U.S., cited As the largest law firm in northwest Arkansas.” business law, workers’ com- demand. The lawyers “are part Arkansas has shed a few lawyers, pensation, estate planning and of a very active growth period for the second-largest has gained, [R.T. BEARD III, MANAGING PARTNER OF MITCHELL taxation and construction law. us, and they will help the firm and now Mitchell Williams Selig WILLIAMS] “It’s mostly been an inten- meet the increasing demand for Gates & Woodyard is only four tional diversification of our the exceptional legal services we attorneys away from overtaking and clout of a firm, but Arkansas month that it had hired five practice, becoming more of a provide to each and every one of Friday Eldredge & Clark as the attorneys seem reluctant to share new attorneys. However, what full-service law firm for our cli- our clients,” said Terry Pool, who largest in the state. the amount of their billings. with departures during the ents,” Fairley said. manages the firm’s Fayetteville Mitchell Williams, which “We have had remarkable year, Kutak Rock ended up with If the firm felt any of the and Little Rock offices. has stood at No. 2 for at least growth in northwest Arkansas,” only four more lawyers this year recession’s effects it was only At least one firm is new to the half a decade, reported gaining R.T. Beard III, managing partner compared with last year, and that its growth may have been list, Fuqua Campbell of Little six lawyers during the last year, of Mitchell Williams, said. “We the Barber firm stayed at 24. slower than desired, he said. Rock, which has 12 lawyers. The bringing its attorney total to 83. have a number of really compe- “That is a really good ques- Beard, who became manag- firm focuses on nursing home The number of lawyers at the tent lawyers up there who have tion,” Beard said when asked ing partner at Mitchell Williams administration and defense, labor Friday firm, meanwhile, fell to done an outstanding job of tak- whether the aftereffects of the at the end of January, said the and employment law and crimi- 86, compared with 90 in 2012. ing advantage of what everybody Great Recession had finally faded. firm had deliberately sought to nal defense, among other areas. Small fluctuations in size and in Arkansas knows is the fastest- “Arkansas always has been, diversify to hedge against eco- Patrick Spivey, a partner, rank are normal on Arkansas growing area in the state.” in my opinion, economically in nomic downturns. “We have noted that prominent criminal Business’ annual list of the larg- Of the 24 firms on the list this an incredibly favorable position. been very, very careful to make defense lawyer Blake Hendrix est law firms in the state. But a year that were also on the list in We don’t experience the great, certain that we have a good mix was of counsel to the firm. “We look at the list from 2008 shows 2012, 10 gained lawyers, 10 lost huge highs, but we, likewise, do of business all the way across represent a lot of local com- that the number of attorneys at and four remained the same. not experience the incredibly the board,” he said, citing the panies and they have a lot of Mitchell Williams has steadi- Some firms, like Kutak Rock depressing lows that occur to a firm’s practice in the areas of needs, a lot of employees,” ly grown while the number at and Barber McCaskill Jones lot of areas of the country. I don’t immigration, intellectual prop- Spivey said. “And those employ- Friday Eldredge & Clark has & Hale, have reported siz- think we really suffered from erty and insurance regulation, ees have family law problems, slowly dropped. In 2008, Friday able additions during the last the recession in the legal market just to name a few. “We have have criminal problems.” reported 95 lawyers; Mitchell year. Kutak Rock announced in Arkansas.” really tried to go from soup to “What we want to do is have Williams reported 67. in March that it was adding 12 The Barber firm hasn’t seen nuts, and I think that’s one of exceptional lawyers in as many Of course, the number of law- lawyers to its Arkansas offices, any significant drop in its cli- the things that sustained us.” fields of practice as we can,” he yers is only one measure of the size and the Barber firm said last ent base, said Carter Fairley, a In its news release announc- said. n Largest Law Firms Ranked by licensed attorneys in Arkansas Firm Name Address Phone, Fax, Website No. of Managing Other Locations Lawyers Partner(s) Sample Client List/Services Friday Eldredge & Clark LLP 86 J. Shepherd Russell Union Pacific, Dillard's, Entergy, Acxiom, Oaklawn, Tyson Foods, Browning Arms, Daisy Outdoor 400 W. Capitol Ave., Suite 2000, Little Rock 72201-3522 Products, CDI Contractors, Liberty Mutual Insurance, Arkansas Children's Hospital, Baptist 1 (501) 370-1552, (501) 244-5388, www.FridayFirm.com Health, University of Arkansas System, Colliers Arkansas, Stephen L. LaFrance family and Fayetteville, Rogers affiliates Mitchell Williams Selig Gates & Woodyard PLLC 83 R.T. Beard III BSR Trust, Electric Cooperatives of Arkansas, Arkansas Development Finance Authority, Arvest 425 W. Capitol Ave., Suite 1800, Little Rock 72201-3525 Bank, BancorpSouth Bank, Bank of America NA, Bank of the Ozarks, Baptist Health, Coulson Oil (501) 688-8800, (501) 688-8807, Co. Inc., Deltic Timber Corp., E-Z Mart Stores Inc., Home BancShares Inc., International Paper Co., 2 www.MitchellWilliamsLaw.com J.B. Hunt Transport Services Inc., Metropolitan Life Insurance Co. Rogers; New York; Austin, TX Wright Lindsey & Jennings LLP 65 Edwin L. Lowther Baptist Health, Deltic Timber Corp., Bank of America, QualChoice/QCA, Arkansas Blue Cross & 200 W. Capitol Ave., Suite 2300, Little Rock 72201 Blue Shield, Bayer CropScience, Ford Motor Co., Entergy Corp., Acxiom Corp., Chubb Group of 3 (501) 371-0808, (501) 376-9442, www.WLJ.com Insurance Cos., Mercy Health, Ritter Communication Holdings Inc., CARTI, Stephens, Inc., Rogers Tokusen USA Kutak Rock LLP 43 David Jacobson Agribusiness, banking, compensation and employee benefits, construction, environmental, 124 W. Capitol Ave., Suite 2000, Little Rock 72201 federal stimulus package, government disputes and compliance, health care, insurance, labor 4 (501) 975-3000, (501) 975-3001, www.KutakRock.com and employment, public finance, real estate, records management and electronic discovery, Fayetteville and 15 other offices nationwide securities, technology and emerging companies Quattlebaum Grooms Tull & Burrow PLLC 33 The Partners Arkansas Community Bankers, Arkansas Realtors Association, Baptist Health, Entergy Corp., 111 Center St., Suite 1900, Little Rock 72201 Tyson Foods Inc., the Phillips Cos., Arkansas Blue Cross & Blue Shield, CenterPoint Energy, North 5 (501) 379-1700, (501) 379-1701, www.QGTB.com Little Rock School District, Stephens Inc., AstraZeneca Pharmaceuticals, L.P., Johnson & Springdale Johnson, Fidelity National Title Group Rose Law Firm PA 32 Stephen N. Joiner Acxiom Corp., Alcoa Inc., Arkansas Capital Corp., Arkansas Development Finance Authority, 120 E. Fourth St., Little Rock 72201-2893 Arvest Bank, Bank of the Ozarks, Cooper Communities Inc., Diamond State Ventures, First 6 (501) 375-9131, (501) 375-1309, www.RoseLawFirm.com Security Bank, Mountain Valley Spring Co., Mountaire Corp., Pat Salmon & Sons Inc., Stephens Inc., Stone Ward, Stephens Group LLC Barber McCaskill Jones & Hale PA 24 Board of Directors American Airlines, CNA Insurance Cos., Yamaha, Ally Financial, Volvo Trucks, Federated 400 W. Capitol Ave., Suite 2700, Little Rock 72201 Insurance, Zurich Insurance, Baptist Health, Frito-Lay, Navistar, Sysco, Janet Jones Co., Pepsi 7 (501) 372-6175, (501) 375-2802, www.BarberLawFirm.com Americas, Hanover, Consumers Insurance, Kroger, Honeywell, Firestone, Union Standard, Dillard's Inc., East-Harding Inc. Dover Dixon Horne PLLC 23 Gary Rogers Aflac, Arkansas Best Corp., Arkansas Blue Cross & Blue Shield, Associated Industries of Arkansas, 425 W. Capitol Ave., Suite 3700, Little Rock 72201 Mark Allison CenterPoint Energy, Companion Insurance Co., J.B. Hunt Transport Services Inc., Nucor, Old 8 (501) 375-9151, (501) 375-6484, www.DDH-AR.com John Peace Republic National Title Insurance Co., St. Vincent Health System, USAble Life Wilson & Associates PLLC 23 Jennifer Wilson- Representation of mortgage banking and other creditor clients including mortgage default 1521 Merrill Drive, Suite D-220, Little Rock 72211 Harvey work: title insurance, title defense and resolution, real estate closings, asset recovery, 8 (501) 219-9388, (501) 219-9458, www.Wilson-Assoc.com garnishments, replevins and deficiency actions Little Rock, Fayetteville; Memphis, Nashville and Knoxville, TN The List Arkansas Business June 10, 2013 17 Largest Law Firms Ranked by licensed attorneys in Arkansas Firm Name Address Phone, Fax, Website No. of Managing Other Locations Lawyers Partner(s) Sample Client List/Services Gill Ragon Owen PA 21 Charles C. Owen Practice areas include complex and general litigation; financial transactions and bank services; 425 W. Capitol Ave., Suite 3801, Little Rock 72201 utilities regulation and development; real estate development and finance; construction law; 10 (501) 376-3800, (501) 372-3359, www.Gill-Law.com labor and employment law; environmental, regulatory and administration; taxation and estate planning; family lawB Hilburn Calhoon Harper Pruniski Calhoun Ltd. 21 By Committee Centennial Bank, Bank of the Ozarks, U.S. Bank, IBM, Fidelity National Title Insurance Co., One Riverfront Place, North Little Rock 72114 Chicago Title Insurance Co., Deere & Co., Kroger Co., Lexicon, Russell Chevrolet, Rineco Chemical 10 (501) 372-0110, (501) 372-2029, www.HilburnLawFirm.com Industries Inc., KBX Inc., Erwin-Keith Seed Co., Navistar Financial Corp., Wells Fargo Bank Bassett Law Firm LLP 19 Woody Bassett Tyson Foods, George's Inc., Lloyds of London, Hartford Insurance, Simmons Industries, St. Paul 221 N. College Ave., Fayetteville 72701 Tod Bassett Insurance, State Auto Insurance, Cincinnati Insurance 12 (479) 521-9996, (479) 521-9600, www.BassettLawFirm.com Williams & Anderson PLC 19 By Committee Allstate, Arkansas Democrat-Gazette, Baldwin & Shell, Centennial Bank, Farmers Insurance, 111 Center St., 22nd Floor, Little Rock 72201 Metropolitan National Bank, Wehco Media Inc., Roman Catholic Diocese of Little Rock, Baldor: 12 (501) 372-0800, (501) 372-6453, www.WilliamsAnderson.com A member of the ABB group Rainwater Holt & Sexton PA 18 Mike Rainwater All types of personal injury, negligence and wrongful death arising from auto accidents, 6315 Ranch Drive, Little Rock 72223 Stephen Holt defective products, drug injuries and nursing home abuse; Social Security disability; bankruptcy 14 (501) 868-2500, (501) 868-2505, www.CallRainwater.com Bob Sexton Little Rock, Conway, Hot Springs, Fayetteville Cross Gunter Witherspoon & Galchus PC 17 Rick Roderick Employment law, labor relations, employment-related immigration, health care law, 500 President Clinton Ave., Suite 200, Little Rock 72201 construction law, products liability, corporate and business law, civil litigation, workers' 15 (501) 371-9999, (501) 371-0035, www.CGWG.com compensation, transportation law, insurance defense, government law, ERISA Fort Smith, Springdale Munson Rowlett Moore & Boone PAC 16 Tim Boone State Farm, Allstate, AIG, St. Vincent Health System, Catholic Health Initiatives, Sparks Health 400 W. Capitol Ave., Suite 1900, Little Rock 72201 Richard Shane System, Shelter Insurance, Community Health System, Capella Healthcare, Health Care 16 (501) 374-6535, (501) 374-5906, www.MRMBLaw.com Strabala Indemnity, Tyson Foods, American National Property & Casualty, J.B. Hunt Transport Services Sarah Cullen Inc., QBE, Markel Insurance Jack Nelson Jones & Bryant PA 13 Stephen W. Jones St. Vincent Health System, North Little Rock School District, Crews & Associates, Dallas 2800 Cantrell Road, Suite 500, Little Rock 72202 Donald T. Jack Cowboys, University of Central Arkansas, First Security Bank, Chubb Insurance, Endoscopy 17 (501) 375-1122, (501) 375-1027, www.JackNelsonJones.com Center of Arkansas, Arch Insurance, American Fuel Cell & Coated Fabrics Co. Malvern Roberts Law Firm PA 13 Mike Roberts Wal-Mart Stores Inc., Hino Motors, Georgia-Pacific Co., Fed-Ex Inc., Liberty Mutual, Arkansas 20 Rahling Circle, Little Rock 72223 Trucking Association, The Home Depot Stores, Walgreens Inc., ASUS Electronics Inc. 17 (501) 821-5575, (501) 821-4474, www.RobertsLawFirm.us Boston and Washington, D.C. Taylor Law Partners LLP 13 Tim Myers Tyson Foods Inc., Alpharma Inc., Bank of Fayetteville, Arvest Asset Management, Tune 303 E. Millsap Road, Fayetteville 72703 Concrete, McBride Distributing Co., George's Inc., Hanna's Candle Co. 17 (479) 443-5222, (479) 443-7842, www.TaylorLawPartners.com The Brad Hendricks Law Firm 13 Brad Lowber Personal injury, tractor-trailer collisions, medical negligence, commercial litigation, bankruptcy, 500C Pleasant Valley Drive, Little Rock 72227 Hendricks Social Security 17 (501) 221-0444, (501) 661-0196, www.BradHendricks.com Fuqua Campbell 12 David Fuqua Nursing home administration and defense, labor and employment, civil rights defense, business 425 W. Capitol Avenue, Suite 400, Little Rock 72201 and commercial litigation and transactions, insurance defense, criminal defense 21 (501) 374-0200, (501) 975-7153, www.FC-Lawyers.com Jonesboro Matthews Campbell Rhoads McClure & Thompson, PA 11 By Committee Farmers Mutual Insurance, Arkansas Blue Cross & Blue Shield, Arkansas Department of 119 S. Second St., Rogers 72756 Education Insurance Fund, AEP/Swepco, Rogers Public Schools, Arvest Bank at Rogers, Arvest 22 (479) 636-0875, (479) 636-8150, www.MCRMT.com Mortgage Perkins & Trotter PLLC 11 Julie D. Greathouse Arkansas Game & Fish Commission, BHP Billiton Petroleum, Entergy Arkansas Inc., 101 Morgan Keegan Drive, Suite A, Little Rock 72202 Southwestern Energy Co., Brookshire Grocery Co. 22 (501) 603-9000, (501) 603-0556, www.PerkinsTrotter.com Waddell Cole & Jones PA 11 Ralph W. Waddell St. Bernards Healthcare, Riceland Foods, Nucor Yamato Steel, BNSF Railway, Hytrol Conveyor, P.O. Box 1700, Jonesboro 72403 Denso Manufacturing, MBC Holdings, American Greetings, Allstate Insurance Co., Progressive 22 (870) 931-1700, (870) 931-1800, www.WCJFirm.com Insurance Co., HealthSouth, ProAssurance Indemnity Co. Womack Phelps & McNeill PA 11 Tom Womack Allen Engineering Corp., Arkansas State University, CNH America LLC, CNA Insurance Co., Crop 301 W. Washington Ave., Jonesboro 72401 Production Services, Producers Rice Mill, E.C. Barton Co., E. Ritter & Co., Louisiana Pacific Corp., 22 (870) 932-0900, (870) 932-2553, www.WPMFirm.com NEA Baptist Clinic, Roach Manufacturing Corp., Simmons First Bank, Southern Bancorp Davis Wright Clark Butt & Carithers PLC 10 Jack Butt CNA Insurance, Ozark Orthopaedic & Sports Medicine, Simmons First Bank of Northwest 19 E. Mountain St., Fayetteville 72701 Arkansas, Arvest, Washington Regional Medical Center 26 (479) 521-7600, (479) 521-7661, www.Davis-Firm.com Law Offices of Gary Green PA 10 Gary Green Personal injury, product liability, medical malpractice, nursing home neglect and abuse, drug 1001 La Harpe Blvd., Little Rock 72201 and medical device claims 26 (501) 224-7400, (501) 224-2294, www.GGreen.com Memphis, TN.; Springfield, MO Hosto & Buchan PLLC 8 Bryan Hosto Ford Credit, Bank of America, Citibank, Barclays Bank, Metropolitan Bank P.O. Box 3397, Little Rock 72203 28 (501) 374-1300, (501) 482-0229, www.HostoBuchan.com Nashville and Knoxville, TN Ramsay Bridgforth Robinson & Raley LLP 8 William C. Simmons First National Bank, McGeorge Contracting Co., Pine Bluff Sand & Gravel Co., 501 Main St., 11th Floor, Pine Bluff 71601 Bridgforth Jefferson Regional Medical Center, Sissy's Log Cabin 28 (870) 535-9000, (870) 535-8544, www.RamsayLaw.com Laser Law Firm PA 7 Kevin J. Staten Southern Farm Bureau Casualty Insurance Co., Farm Bureau Mutual Insurance Co. of Arkansas, 101 S. Spring St., Suite 300, Little Rock 72201 Farmers Insurance Group, Chartis, CNA, Allstate, State Farm, Nationwide, Scottsdale, 30 (501) 376-2981, (501) 376-2417, www.LaserLaw.com Progressive, Great American, National Interstate, Lancer, GEICO, USAA, MetLife, Santa Fe Auto, Fayetteville, Texarkana Automobile Club of America Sources: the firms 1 As indicated on the firm's website 2 Formerly Huckabay Munson Rowlett & Moore PA Researched by Roxanne Jones 18 June 10, 2013 Arkansas Business

linked with a December 2005 loan of $300,000 from American Home Mortgage of Melville, N.Y., and a December 2007 mortgage of $350,000 held by Little Rock’s Bank of the Ozarks. The location was bought for $108,000 in October 2004 from Robert and Lori Evans.

Walton Heights Home A 4,236-SF home in west Little Rock’s Chenal Curve Shopping Center. [ARTIST RENDERING] Walton Heights neighborhood changed hands in a $559,000 deal. Ningning Wu and Jing Zhang purchased the house from David W. Bass. $2.18 Million Land Deal Launches The deal is funded with a 30-year loan of $300,000 from Summit Bank of Arkadelphia. Chenal Curve Retail Development The residence previously was tied to a December 2009 mortgage of $170,000 Development of a 23,000-SF retail of Poplar Bluff, Mo. The property was held by Simmons First National Bank of center in west Little Rock is in motion acquired for $150,000 in June 1972 from Pine Bluff. The property was acquired for after a $2.18 million land deal. Henry and Juanita Griffith. $730,000 in June 2007 from Marcus and Chenal Curve LLC, led by John Rees, Carol Fisher. purchased the 4.11-acre parcel at 16900 Chenal Parkway. The seller is Kanis & Kirk Reshuﬄ ed Ownership Investors LLC, led by Kevin Huchingson. A 40.9 percent stake in a commercial All American Collateral Construction is backed with an project in west Little Rock rang up a A Little Rock nursing home was used 18-month loan of $4.8 million from $696,600 deal. to help secure a $500 million funding Jonesboro’s Liberty Bank of Arkansas. BQFA Properties LLC, led by Dickson agreement. The property previously was tied to Flake, bought a nearly 33.3 percent share Sandalwood Arkansas Property LLC, a June 2011 mortgage of $400,000 and a of the 17,236-SF Sterling Plaza project at an affiliate of AVIV REIT Inc. of Chicago, November 2012 mortgage of $1.2 million 101 S. Shackleford Road for $560,000. obtained the three-year loan from Bank held by Centennial Bank of Conway. LAF Brothers Properties LLC, led by Real Deals of America in Charlotte, N.C. Kanis & Kirk acquired most of the Stephen LaFrance Jr. and Jason LaFrance, The 4.77-acre All American Care devel- property from Kanis & Kirk LLC, led by acquired a nearly 7.7 percent share for George Waldon opment at 2600 John Barrow Road was Gene Cauley, in a February 2008 land $136,600. [email protected] bought for $4.5 million in December swap valued at $2 million. The seller in both deals was the McKee 2011 from Silver Pointe of Little Rock LLC, The rest of the land was bought from Family Trust, led by Anita McKee. led by Richard Griffin II. Centennial Bank for $200,000 in July The 1.41-acre development is backed 2011. with a June 2012 mortgage of $1 million Condo Development held by Arvest Bank of Fayetteville. Condo space on the 19th floor of Residential Security The property was purchased for $1.97 downtown Little Rock’s River Market A 7,420-SF manor in Little Rock’s Convenient Location million in June 2002 from Sterling Paint Tower tipped the scales at $1 million. Riverview Point neighborhood was used A Kum & Go project is in the works Inc., led by James Adamson. Hood Street Enterprises Inc., led by to help secure a $14.6 million mortgage. after a $1.2 million land deal on the edge former Acxiom CEO Charles Morgan, L. Walter Quinn III and his wife, Terry, of Maumelle. bought the 1,340-SF and 2,855-SF units received the six-month loan from F&M KG Store 155 LLC of West Des Moines, Industrial Transaction at 315 Rock St. The seller is River Market Bank & Trust of Tulsa. Iowa, acquired the 1.25-acre site at 21500 An industrial property in North Little Tower LLC, led by Jimmy Moses and Rett The home carries an August 2012 Hwy. 365 from RL Ferrell Inc., led by Ron Rock sold for $320,000. Tucker. first mortgage of $1.37 million held by Ferrell. 7507 Counts Massie Road LLC, led The property is backed with an Malvern National Bank. The convenience store development by Anthony Wilson and Seth Mulhearn, 18-month loan of $3.2 million from The residence was acquired for is funded with a $2.44 million loan from acquired its namesake address from Joe Regions Bank of Birmingham, Ala. $1.49 million in July 2006 from Gary First National Bank of Omaha, Neb. Cooper Sr. and his wife, Betty. The debt additionally is secured by Hendershott. The property previously helped secure The transaction is financed with a five- a 2,686-SF unit on the 19th floor pur- a March 2010 mortgage of $750,000 held year loan of $447,500 from Metropolitan chased for $835,000 in January 2011 from by Little Rock’s Delta Trust & Bank. National Bank of Little Rock. River Market Tower LLC. Custom Funding The property was purchased for The Coopers bought the 0.86-acre The space previously was used to A Sherwood enterprise picked up a $775,000 more than three years ago property in December 1981 as part of secure a November 2011 mortgage of $5.4 million financial package. from Wholesale America LLC, led by Ken a $70,000 deal with Emmett and Mary $960,000 held by Arvest Bank. CAC Properties LLC, led by Mike Westbrook and Sam Johnson. Oliver. Gueringer and Paul Reesnes, got a seven- year loan of $3 million from Arvest Bank PV Residence and a 10-year loan of $2.4 million from Warehouse Sale Multifamily Purchase A 4,515-SF home in west Little Rock’s Six Bridges Capital Corp. of Little Rock. A 106,000-SF warehouse project in Ten units of apartments in North Pleasant Valley neighborhood is under The 194,500-SF Custom Aircraft southwest Little Rock changed hands in Little Rock drew a $279,000 transaction. new ownership after a $650,000 sale. Cabinets project at 5510 Landers Road an $825,000 sale. Michael Glaze Investments LLC pur- Timothy and Anne Mines acquired the previously was linked with an August 6621 Geyer Springs LLC, led by Justin chased the 4713 and 4801 N. Hickory Ave. house from the Steven C. & Kimberly K. 2012 mortgage of $5.4 million held by Muller, bought the 5.23-acre develop- projects from Bevans Family Ltd., led by Hockersmith Family Trust. Arvest. ment at 6621 Geyer Springs Road. The James Shipman. The deal is financed with a 30-year The 15.1-acre former National Home sellers were Rector Phillips Morse Inc. and The deal is funded with a five-year loan of $417,000 from Bank of Little Rock Center development was purchased for RPM Realty Fund Ltd., both led by Pete loan of $237,150 from Arvest Bank. The Mortgage Corp. and a five-year loan of $3.7 million 10 months ago from Newman Hornibrook. two 0.3-acre sites were acquired for $103,000 from BancorpSouth Bank of Family LLC, led by Dwain Newman, found- The deal is financed with a five-year $7,250 each in July 1965 from Metropoli- Tupelo, Miss. er of the defunct National Home Center loan of $725,000 from Southern Bank tan Trust Co., led by Justin Matthews Jr. The residence previously was chain. n Arkansas Business June 10, 2013 19 ABSOLUTE LAKE HAMILTON REAL ESTATE AUCTION Prime, 5+/- Acres w/1,157+/- Ft. of Lake Frontage ~ Selling Regardless of Price! Ad Tips Help Nonproﬁ ts THUR • JUNE 20, 2013 • 11A.M. ~ 151 CARL FINCH RD • HOT SPRINGS, AR Gain Broadcast Time When nonprofit groups need money, one of the most difficult challenges they face is spreading the word, and this is especially true for smaller Arkansas organizations with limited Business budgets. But one veteran Expert ad man has some tips for Advice the struggling fundraiser. “It’s an extremely diffi- For complete information, visit cult thing for an organization to be able to www.wilsonauctioneers.com use their resources for advertising,” said or contact our office at 877-243-2289 Stephanie Meincke, president and CEO of the Arkansas Coalition for Excellence, the state’s nonprofit association. Outtakes When budgets start to get tight, she said, advertising funds are among the Luke Jones first to go out the door. Also, smaller [email protected] groups may not understand how the advertising industry works. The best way to get that precious air- The problem is well known to Don time, Cassil said, is simply to ask. Cassil, an advertising agent from Hot “Go to the media,” he said. “Be it Springs who deals exclusively with non- Channel 4, 7, 11 or one of the cable chan- profits. nels. Ask to see who is in charge of pub- “They just don’t know how to do it,” lic relations or public service. Ask them he said. “And most of them can’t afford if they have some time that they can it. Most of the ones who have an agency give you. Nine times out of 10, they’ll or someone on board, those people are say yes, they will run the commercial, donating their time.” they just need a certificate that you’re a In years past, Meincke said, it was 501(c)(3).” easier for nonprofits to air TV commer- After that, Cassil said, a nonprofit cials because broadcast channels had should work with its planning commit- to devote a certain amount of ad time to tee to find a corporate sponsor who can nonprofits or charitable efforts. pay for the commercial to be produced. “But they cut that out,” she said. “The sponsor is the face of the pro- “Nowadays, when you try to find free duction,” Cassil said. advertising on TV or radio, it’s some- Usually, Cassil said, there’s someone times not as easy as it used to be since on the committee who knows a business they’re not required to do it.” owner who wants his or her company’s Nevertheless, according to the name attached to a nonprofit’s project. National Association of Broadcasters, sta- It makes the company look better and tions reported in 2012 about $10 billion in it only needs to be heard during the last donated air time and charitable contri- four or five seconds of the commercial, butions. It may not be as easy as it used Cassil said. to be, but Cassil said fundraising via TV Then the commercial just needs to be commercials is still possible. brought to the studio airing it. “Here’s the thing,” he said. “What “You have to go to the media with Our firm has used PC Assistance since 2001. these people don’t know is the media a commercial in hand — a 30-second After implementing IT Assurance in 2005, our wants your public service commercial commercial — and in my experience, I network went from Good to Exceptional. Not to fill unsold airtime. That’s the biggest haven’t been turned down yet,” Cassil long after changing to a proactive 24x7 managed thing I can get across.” said. n model, we promptly saw enhancements and stability and continue to run with maximum uptime and efficiency today. We utilize PC Assistance for our full Help Desk support for our entire office staff. They are highly professional, Don Cassil responsive and they provide me with the peace Don Cassil is an advertising veteran based in Hot Springs. of mind that allows me to focus on managing In 2007, Cassil created his own brand and shifted his focus the firm’s IT needs now, and into the future. PC entirely to nonprofits. Assistance is our choice as a trusted IT partner. Cassil’s interest in nonprofits started when he found out about a veteran’s memorial project in Garland County that It’s clear that we have made the right decision. had been struggling for seven years to find funding. One day, a member of the memorial committee visited the Hot Springs Rotary Club to raise interest in building the monument. “I said I could get him on TV. He said he would love to but he couldn’t afford it,” Cassil said. “I said, ‘What if it doesn’t cost anything?’” Contact Ted Clouser to find out how IT Assurance Cassil featured the project in a commercial, and one year later, it was built. Since then, can be the right decision for your business. Cassil has performed similar services for about a dozen other groups. Cassil is now semi-retired. Earlier this year, he wrote a book about his techniques, “Get 501.907.4722 • www.pcassistance.com Your Non-Profit on TV For Free,” and released it online in e-book format. — Luke Jones 20 June 10, 2013 Arkansas Business Cyberthreats Evolve Inside Arkansas Cloud, Mobile Business 24/7 Your weekly Arkansas Business habit is now a daily addiction. On the Web, on Facebook, on The vast and changing world of com- Twitter, on Google+, on Today’s THV and in your inbox, Arkansas Business keeps you informed puter viruses and malware requires a with up-to-the minute Arkansas business news similarly vast world of security to coun- teract it, especially for companies pro- Leaders Follow viding managed data services for other Technology companies. 15,000 Twitter followers can’t be wrong! Join the conversation with Luke Jones @ArkBusiness on Twitter. Get breaking news headlines and links to Little Rock’s Acxiom Corp., for exam- the latest news and commentary on business in Arkansas. Plus: Like ple, offers a secure cloud service for busi- [email protected] us on Facebook at Facebook.com/ArkansasBusiness. ness and claims that cybercrime costs consumers $110 billion per year. “But I think what we’re seeing in Windstream Corp., which has been the industry is more of a shift to have Follow Arkansas Business personalities on Twitter. growing its managed data services, more internal threat factors,” he said. spends millions of dollars a year on “It makes sense when you think about security vendors and safeguards against mobile devices in particular, with people cyberthreats. having more smartphones and tablets in “As we grow our network we need the workplace.” more security for the network,” said Terry For example, malware could become O’Brian, a senior consultant for prod- attached to a worker’s tablet and gain uct development at Windstream in Little access to both the user’s private email Rock. O’Brian helped develop the secu- account and the corporate email account rity systems for Windstream’s managed linked on the device. networks. “Then it would be able to learn some- Publisher Editor Online Editor NW Arkansas Editor “More firewalls, more [intrusion pre- thing about the email infrastructure of Mitch Bettis Gwen Moritz Lance Turner Chris Bahn vention systems], more backup capa- their company,” O’Brian said. @mitchbettis @gwenmoritz @LT @cbahn bilities,” he said. “We’ve got groups that And mobile malware is on the rise. make sure that our internal networks “One of the biggest coming trends we Get breaking business news and analysis with a personal touch. stay clear of malware and viruses, and see in the next year is mobile malware,” we do business with an ecosystem of O’Brian said. “Particularly in some oper- security vendors to achieve that.” ating systems. Apple has got pretty good Most Read Stories of the Week control of iOS, but Androids are the Wild, ArkansasBusiness.com’s most popular stories for the week ending June 6: Wild West, especially earlier releases.” Mobile Threats Methods to combat this threat are still 1. Former USA Drug Head Steve LaFrance Sr. Dies The task of managing all that security being developed, O’Brian said. is made more difficult as more and more “There are solutions out there which Built pharmacy chain into one of state’s largest private companies. 2. Martha Shoffner Withdraws Planned Guilty Plea security threats are coming from within essentially take your iPhone and divide companies instead of without. it into a private side and a public side,” Former state treasurer insists she didn’t demand bribes. As recently as two years ago, O’Brian O’Brian said. “The private side has a set 3. Long-Time KATV General Manager Dale Nicholson Has Died said, most cyberattacks were economic of IT policies from the company that say Nicholson, who retired as Channel 7’s GM in 2009 after 25 years, was 74. or political and were directed externally. where you can go and what you can do, 4. Housing Woes Plagued Cash-Strapped Martha Shoffner and they can encrypt the data that you Small payoff s provided for home mortgage, condo leases. store.” Steve 5. Scott County Sheriff Dead After Thursday Flood Malware on mobile devices has LeFrance Sr. Cody Carpenter and three others die in rescue eff ort. Updating Security Systems increased by 500 percent during the past Kelley McCasland, Windstream secu- several years, O’Brian said, while mal- Check Out the Cheers rity marketing consultant, and Terry ware on PCs has remained fairly stable. Wal-Mart Stores Inc. is not known for their drab and bor- O’Brian, Windstream senior consul- Because Windstream isn’t a mobile ing shareholders’ meetings. With a pep rally environment, tant for product development operator, it doesn’t have to deal directly surprise celebrity cameos and business executives shouting with such threats, but it still has to pro- out cheerleading chants, it’s a profi table spectacle that’s not Expert Advice tect its cloud customers. to be missed. Catch Chris Bahn’s coverage of the meetings at “We have a whole suite of products,” ArkansasBusiness.com/WMTMeeting2013. How often should a company said Kelley McCasland, a consultant who change or update its security sys- markets Windstream’s security prod- Martha, Martha, Martha tems? ucts. She said Windstream has several McCasland: “At least annually. And re- Keep up with the unpredictable turns taken in the bribery case surrounding former Arkansas types of firewalls, Web and email secu- state treasurer Martha Shoff ner by going toArkansasBusiness.com/MarthaShoffner . You’ll ally, I think that’s why there’s more reason rity products, and intrusion prevention to go with a service provider to do that fi nd coverage of the case, who the main players are and the entire Federal indictment, avail- for you, so you don’t have to worry about systems. able free for download. making those updates.” Another emerging security threat, O’Brian said, will be from machine-to- O’Brian: “My response is probably at machine exploits, wherein devices with The Art of Fatherhood least every day. Because of the statistics built-in computers are reprogrammed. Go to LittleRockFamily.com and hear from Thea Foundation on new viruses, Web attacks and applica- Director Paul Leopoulos on what his organization does for the tion attacks discovered in a typical week, This could mean anything from a wash- ing machine never finishing its cycle to arts in Arkansas and how it preserves his daughter’s legacy. we’re talking about over 100,000. One of You’ll also get the latest listing on sizzling summer events, the our major partners fi nds, in the wild, a few missile firing systems self-destructing. “Maybe they’ll target home security best organized sports leagues for kids in central Arkansas and viruses every week, a couple thousand several insights into the many facets of fatherhood. It’s all app-based attacks and just literally systems, or terrorists will go after air- inside the June issue of Little Rock Family, available on news thousands of new attack signatures or ports,” O’Brian said. “Along with mobile racks and online. variations of old ones.” systems, that’s going to be the next crunch area for malware.” n Arkansas Business June 10, 2013 21

Arkansas New Store Kudos Business Arkansas businesses receive recognition

◗ Suddenlink’s Jonesboro Ventures and Russellville systems have placed as fi nalists in the2013 Submit story ideas to ArkansasBusiness.com/contact Beacon Awards for the company’s Arkansas Green Team’s recycling of electronic waste. Merger The program has collected 175 tons of waste to date and continually collects items for 2 Real Estate Companies environmentally safe disposal. The national competition Merge, Form New Firm recognizes excellence in communications and public aff airs Real estate firm Grubb & and facilities management. The Cellular Connection’s layout puts an emphasis on testing devices throughout the cable industry Ellis|Solomon Partners of Little NGA, which currently employs and one-on-one contact with employees. [PHOTOS BY MAUREN KENNEDY] and features an extensive Rock has joined forces with more than 25 full-time workers judging process. longtime co-listing partner and real estate agents, manages Newmark Grubb Knight Frank, more than 1 million SF of office, The Cellular Connection ◗ Sparks Health System one of the world’s leading retail, mixed-use and industry of Fort Smith has received the commercial real estate advi- property across Arkansas. Opens 5th Store in State Get With the Guidelines-Stroke sory firms. The new company, The merger, which became Gold Plus Quality Achievement Newmark Grubb Arkansas, con- effective May 8, also signaled The Cellular Connection Award from the American tinues to be locally owned by the end of Nabholz Properties’ has announced the open- Heart Association. The Principal, CEO and Executive franchise with Sperry Van Ness, ing of a new location in award acknowledges Sparks’ Managing Director J. Fletcher a national, large-scale broker- Little Rock. The store, at success in stroke care and Hanson as well as Paul Esterer, age firm. Many of the compa- 2608 S. Shackleford Road adherence to nationally ac- who serves as principal and ny’s full-time advisers and team in the Shackleford Crossing cepted guidelines. This is the executive managing director. members have continued to Shopping Center, is the cellu- third year Sparks has achieved After forming V3 Partners work out of Nabholz Properties’ lar retailer’s fifth in the state. Stroke Gold Plus status and in 2004, Hanson and Esterer office at 700 Front St. in Conway. The store opened on May 31. the eighth year the hospital founded Solomon Partners Real “The transition allows me “We’re pleased to have has been recognized by the Get Estate, a firm in northwest as CEO to focus more on our the opportunity to continue With the Guidelines program. Arkansas that became affiliated core business functions while our growth in Arkansas and with Grubb & Ellis on a national partnering with a full-service provide the residents of Little ◗ Alltel Wireless has level. Grubb & Ellis|Solomon commercial services firm like Rock with valuable wireless received an award from the Partners was later established Newmark Grubb on services expertise,” Scott Moorehead, Competitive Carriers As- to serve real estate needs on a such as brokerage and leasing,” president and CEO of TCC, sociation for excellence in ra- statewide basis and expanded said Nabholz CEO Greg Nabholz. said in a news release. “Our dio advertising. The company in May 2011 through its acquisi- Nabholz Properties, cre- dedicated team is committed has three other stores — two was honored specifi cally for its tion of Hart Lazenby Commercial. ated in 1983, acquired a fran- to providing extraordinary in North Little Rock and one Zombie No Contract radio ad- Newmark Grubb Arkansas chise from Sperry Van Ness customer service to the local in Bryant — within 15 miles vertisement. The winners were is headquartered in central International for its broker- community.” of the new location. Haynes announced at the Competitive Arkansas, operating offices out age and leasing division in The new store features said the new store, which Carriers Global Expo 2013, the of North Little Rock and Benton. 2003. The company also what TCC calls its “rock employs five people, offers industry’s sole event focused The new firm serves as a recently completed the devel- star” layout, which offers a more high-end accessories on the competitive carrier full-service, commercial real opment of the Federal Plaza lounge area where custom- than the other nearby TCC network. estate company that offers a Building in downtown Conway. ers can experience a “com- stores. wide range of services, includ- For more information about fortable setting for playing Before becoming a ◗ Ritter Communications ing landlord representation, Newmark Grubb Arkansas, call with devices and accesso- Cellular Connection store, in Jonesboro has received consulting services, tenant rep- (501) 978-4333 or (479) 271-6118. ries.” Manager Glen Haynes the location was a Verizon Silver LEED Certifi cation from resentation, investment sales — Liz Fox said the layout is designed to Wireless corporate retailer. the U.S. Green Building remove any physical obsta- TCC is the largest Verizon Council. The company’s cles that could interfere with premium wireless retailer in facility, designed by local New Installation employees assisting custom- the U.S., according to Cellular architecture fi rmBrackett ers one-on-one. “We don’t Connection’s website. Krennerich, houses more Bauxite Plant parent company of CertainTeed, have a ‘counter barrier,’” he In addition to cellphones than 100 employees. which manufactures the Apollo said. and cellular devices, the store Now Features Solar Shingle Roofing System. Mounted on the store’s also sells a variety of home ◗ Alliance Rubber Co. of Sun City Solar Energy, a mem- walls are “lifestyle stations,” electronics and services, Hot Springs has received a Solar Shingles ber of the Arkansas Advanced screen displays that show- including Sonos audio sys- Governor’s Award for Ex- Energy Association and licensed case products in a way that is tems, Dish Network’s satel- cellence in Global Trade in Sun City Solar Energy recently for both commercial and resi- “geared toward the interests lite TV service and Comcast’s the category of medium-sized installed one of the first inte- dential work, was selected to of the customers,” Haynes Xfinity cable TV service. manufacturers. The awards grated solar shingle roofing install the system. said. For example, one of the For more information, showcase the state’s top ex- systems in the region on the Speraw said the solar cells stations is fitness-themed, call the Little Rock location porters in four categories and new Saint-Gobain manufactur- were designed to capture and while another is designed to at (501) 221-1300 or visit the were selected by the Arkansas ing facility at Bauxite in Saline convert more solar energy per appeal to outdoor enthusi- retailer’s website at eCellu- District Export Council, made County, according to Sun City square foot than other solar asts. larConnection.com. up of Arkansas business, edu- President and CEO Pam Speraw. energy systems. The Cellular Connection — Jordan King cation and political leaders. n Saint-Gobain Solar is the — Gwen Moritz 22 June 10, 2013 Arkansas Business

A Health Arkansas We Can’t Tell Care Gap Business What We EDITORIAL Views Don’t Know

wo bits of news last week high- Arkansas Business’ Opinion Page n May 20, state Rep. Nate Bell, lighted a gap in the state’s educa- R-Mena, tweeted a link to an item Ttion of health care practitioners. per 100,000 residents. And the lack of Oon the National Rifle Association Editor’s Note First was the announcement that veterinarians who treat large animals is blog about a $32 million expansion of the Arkansas State University was studying particularly acute. Remington Arms Co. plant at Lonoke. Gwen Moritz public-private partnerships to estab- UAMS has taken steps toward estab- Some conservative political operatives [email protected] lish an osteopathic medical school in lishing a dental school, and we applaud noted that Gov. Mike Beebe’s administra- Jonesboro. the initiative. But the University of tion hadn’t held the typical press confer- I began writing an item for A couple of days later, Gov. Mike Arkansas, which has such a fine agri- ence to announce this sizable investment ArkansasBusiness.com based entirely on Beebe said he was going to seek leg- cultural college, now sends prospec- in Arkansas and immediately leapt to the the announcement on the Remington islative approval to spend $1.1 million tive veterinarians to Louisiana State conclusion that the Democratic governor website. Then Holmes called me back and to fund scholarships for Arkansas stu- University, Tuskegee University, the was not enthusiastic about the particular explained that AEDC and the Governor’s dents attending certain out-of-state University of Missouri and Mississippi type of economic development. Office had been working closely with medical programs. The Arkansas Health State. “Anyone notice the silence from one Remington on a package of economic Education Grants program helps stu- Money, as always, is tight, but we’d side of the aisle over significant expansion incentives for the expansion, including dents pay for out-of-state tuition at cer- like to know what keeps Arkansas from by @Remington in Arkansas? Hmm…,” tax incentives and nearly half a million tain schools offering graduate degrees founding its own veterinary college to tweeted Ryan James. dollars in cash from the Governor’s Quick in dentistry, optometry and veterinary help keep some of our best students in “Sad this isn’t as important to Gov Action Closing Fund. (So much for Bell’s medicine. Arkansas and perhaps lure other states’ as a foreign windmill blade company,” assumption that Remington represented The University of Arkansas for bright minds here. tweeted Carlton Saffa. job growth without corporate welfare.) Medical Sciences provides an excellent And as for the potential osteopathic Bell took it a step further. “Private job But even the AEDC had not known education for physicians, but the state medical school in Jonesboro, we look growth that doesn’t require govt. incen- that Remington posted the announce- lacks programs to train dentists and forward to seeing how the bright and tives & involves guns/ammo just isn’t all ment online until long after the fact, veterinarians. Arkansas’ citizens, many ambitious minds at ASU will engage that interesting to some,” he wrote. Holmes told me. Which explains AEDC of them aging and rural, have need of private enterprise in an effort to train Now, I didn’t notice any of this at the Director Grant Tennille’s May 20 tweet both. The state ranks at the bottom in more health care providers in a state time because I was busy with the biggest — “Shoot first and ask questions later? the nation in the number of dentists that so clearly needs them. n story on May 20: state Treasurer Martha AEDC and Governor participated, Rem. Shoffner’s first appearance in federal will announce on their timetable” — court after her arrest two days earlier. 11 days after Remington had posted its I’m not sure how anyone who is gain- announcement online. STAFF DIRECTORY fully employed can keep up with Twitter, “We’d love to make a big deal; we’d even though I have collected more than love to make an announcement about it,” Publisher SPECIAL PUBLICATIONS ADMINISTRATION Mitch Bettis Managing Editor, Little Rock Soirée Accounting Manager Hal Lammey 1,500 Twitter followers of my own. But Holmes told me. “But this was their call Associate Publisher Chip Taulbee Amanda Hoelzeman Accounting Assistant Kim Clark Max Brantley at the Arkansas Times blog to do it this way.” Editor Gwen Moritz Editor, Little Rock Family Heather Bennett Human Resources Bill Page noticed something, because he posted We reported what we could in our Art Director Wayne DePriest Consumer Publications Editor Executive Assistant Christine Harris one sentence about it and linked to the midday Daily Report e-newsletter on Lindsay Irvin Digital Media Assistant Mary McLachclan EDITORIAL same NRA blog posting as Bell. May 21. But as of this writing, more than Consumer Publications Assistant Editor At some point, our online editor, two weeks have passed and I still haven’t Managing Editor Jan Cottingham Sam Smith Online Editor Lance Turner Lance Turner, also noticed the Twitter heard back from Remington’s PR team, Database Administrator Alex Graham Senior Editors Chris Bahn, Mark Friedman, traffic about it and asked me if I had so I have to conclude that a 207-word Sales Manager, Little Rock Soirée George Waldon Graham Cobb heard anything about an expansion at announcement is all Remington cares to Assistant Editor Luke Jones Senior Account Executives Remington. I had not, even though that’s share with the public. Editorial Intern Jordan King Katie Fortenberry Peek, Natalie Fraser, the very sort of thing we want to report in Remington revealed the $32 million Managing Editor, Business & Sports Betsy Tilley Chairman & CEO Arkansas Business. price tag but gave no details at all on the Special Pubs Todd Traub Olivia Myers Farrell Account Executives I searched my email inbox for some size of the new building or the amount InArkansas.com Editor Lauren James Haley Dearman, Luci Deere, General Manager Deputy Online Editor Michelle Foshee, Paige Henley, Mitch Bettis overlooked press release to no avail. Then of “job growth” anticipated. Remington Tre Baker Brandy Hubener, Jamie Mabry Chief Operating Officer I started Googling and, sure enough, didn’t mention the tax incentives and Innovate Arkansas Editor Mark Carter Chuck Ballard found on Remington’s website a bare- taxpayer cash that are part of the plan. DESIGN Online Calendar Editor Blair Tidwell Chief Information Officer Production Manager Tona Jolly bones announcement of the expansion, It seems to me that the company rather Researcher Roxanne Jones Brent Birch Senior Art Director Irene Forbes including a new building, that is to begin than the government has tried to keep Consumer Publications Publisher Art Directors in the second quarter of 2013 and be in this news as low-key as possible. SALES & MARKETING Rachel Bradbury John Atkinson, Dean Wheeler, Vice President of Business Sales Business & Sports Publications Publisher operation by the second quarter of 2014. *** Waynette Traub Bonnie Jacoby Chip Taulbee The announcement was dated May 9. One lesson I want readers to remem- Advertising Art Directors Senior Account Executives Online Editor It had been picked up within a couple of ber: If you wonder why we — or other Marcus Boyce, Erin Lang Rosemary Bruton, Rebecca Patton Lance Turner days by a few firearm-specific trade jour- news organizations — haven’t reported Account Executives Design Intern Sarah Holderfield Greg Churan, Scott Haggard, Carrie Sublett Photography Intern Mauren Kennedy nals — and by the NRA more than a week something that clearly seems newswor- Advertising Coordinators before Rep. Bell spread the word. thy, the most likely answer is we don’t CIRCULATION Kristen Heldenbrand, I called and emailed the person know about it. There are limits to the Dana Meyer Bethany Johnson, Alissa Mathews Circulation Manager identified as the media contact on the manpower available, so there are stories Director of Marketing FLEX360 Remington Arms website. I also called we do know about and would like to WEBSITE DEVELOPMENT Jake Sligh Joe Holmes, spokesman for the Arkansas cover but haven’t been able to move to Brent Birch Marketing Manager Director Economic Development Commission, the top of the priority list. But we can’t Allyson Pittman Senior Web Designer Lance Corder 114 Scott St., Little Rock, AR 72201 Senior Web Developers to ask why the state had made no report what we don’t know. Marketing Assistants (501) 372-1443 Fax: (501) 375-7933 Denise Brockinton, Devan Malone Chris Earls, Jonathan Peoples announcement. And I called the plant at ArkansasBusiness.com ● abpg.com Digital Strategist Lonoke, where I was advised to call the Gwen Moritz is editor of Arkansas Marketing Intern Lindsey Fowler © Copyright 2013 Advertising Assistant Stacy Levy Robert Blake Arkansas Business Limited Partnership same corporate flack I had already tried Business. Email her at GMoritz@ABPG. to reach. com. VIEWS Arkansas Business June 10, 2013 23

their employees and valuable Steps in Performance Management resources were wasted. Performance manage- erformance management the actions of the individual in be one measure. ment shouldn’t be painful, is key to a successful busi- the position affect the bottom By creating a successful job but it shouldn’t be a surprise. Pness, but performance line of the business. If there’s description, the job of evalu- Continual evaluation keeps the management doesn’t just hap- no effect on the bottom line, ating performance becomes end result from being a sur- pen, nor is it an easy process. then the position may not be clearer, but a final consideration prise. Many of the people who The essence of performance needed. If the actions do affect in performance management is are laid off in initial downsiz- management lies in a) know- the bottom line, then they need sometimes missed: What does ings are those who should have ing the details of what you wish to be specifically identified to the person need to be successful been fired in the first place, as your employees to do and b) allow accurate measurement of in the job? managers avoid disciplinary evaluating how well they do it. performance. Up to this point, the discus- processes. It sounds quick and easy, but Developing the job descrip- sion centered on areas that the With correct and continual the process is often dreaded tion is the second step. But job manager needed to examine Commentary performance management, by both the employee and the descriptions are often poorly and write. Here, however, the employees know whether they manager, and research indi- written, becoming a mishmash individual and the environ- Karen Moustafa can do the job and be successful cates that it’s rarely done well. of items, something like a wish ment of the job are considered. before they start. If they overes- There are precise steps to fol- list. A clear job analysis allows Because hiring is expensive, Leonard timate their abilities (and many low, and if one is missed, perfor- creation of the three-column considering what resources [email protected] do), managers can use the per- mance management becomes job description. are needed to be successful is formance evaluation mecha- painful and unreliable. The first column is a general crucial. If the position requires cases, most people seeking suc- nisms to identify the problems, Current popular practice is description of the area covered particular knowledge, skills cess will leave the company, whether training, effort or moti- to get as much information as (budget, human resource man- and abilities, choosing some- taking their knowledge with vation. n you can from those for whom agement, customer service, for one with those attributes can be them. the employee is working and see example). The second specifies simpler once what constitutes A printing firm provides one Karen Moustafa Leonard is what they all think: a 360-degree what the job contributes to the success has been defined. example. Equipment operators professor and chair of manage- evaluation. These are excellent, bottom line of the company — However, not all success there struggled with ink run- ment in the College of Business at but instructions often leave out “creates a budget” or “analyzes is individually determined. ning after the printing because University of Arkansas at Little the first steps to achieving that costs and revenue for depart- Success usually requires the building was too hot. Orders Rock. Her research centers on goal: job analysis. ment.” Active words are used. resources from the company. often had to be redone. A simple organizational behavior, includ- Starting at the beginning The third column is the mea- If not provided, the most able air-conditioning system would ing dysfunctional behaviors, of performance management surement column and answers person won’t perform well. For have saved the company a great accountability, cross-cultural means an analysis of what the this question: What does suc- example, if time or the appro- deal of money and improved management and time orienta- position means to the com- cess look like for this item? priate equipment is lacking, performance, but the man- tion in organizations. Email her pany — in other words, how “Creating a budget on time” can success will be elusive. In these agers saw it as pandering to at [email protected].

Quattlebaum, Grooms, Tull & Burrow PLLC

is pleased

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Brandon B. Cate Chad W. Pekron E. B. (Chip) Chiles IV Lindsey C. Pesek Grant M. Cox Joseph W. Price II Amber Davis-Tanner Steven W. Quattlebaum Bradley G. Dowler Charles L. Schlumberger William A. (Al) Eckert III Michael N. Shannon Joseph R. Falasco Geoffrey B. Treece Timothy W. Grooms Everett C. (Clarke) Tucker IV Karen Sharp Halbert John E. Tull III Jennifer W. Merritt Grant M. Cox Michael B. Heister Michael B. Heister David B. Vandergriff Member Associate Associate Jeb H. Joyce Meghan H. Vernetti Sarah Keith-Bolden Thomas G. Williams 501.379.1700 Nicholas E. Kelley R. Ryan Younger www.QGTB.com J. Cliff McKinney II

LITTLE ROCK ● SPRINGDALE 24 June 10, 2013 Arkansas Business Legal Notice

PROBATE NOTICES IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS PROBATE DIVISION

IN THE MATTER OF THE ESTATE OF FRANK JOHN SICCARDI, Deceased No. P-2013-331-5 NOTICE OF PROBATE

LAST KNOWN ADDRESS: 3476 North Hughmount Road Fayetteville, Arkansas 72704

DATE OF DEATH: September 10, 2010

An instrument dated the 15th of June, 2010 was, on the 13th day of May, 2013, admitted to Probate as the Last Will and Testament of the above-named Decedent and the undersigned has been appointed Executrix thereunder. Contest of the probate of the Will can be effected only by filing a Petition within the time provided by law. All persons having claims against the Estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of first publication of this Notice, or they shall be forever barred and precluded from any benefit in the Estate. This Notice first published on the 3rd day of June, 2013.

LINDA SICCARDI, Executrix c/o Casey Dorman Lawson Davis, Clark, Butt, Carithers & Taylor, PLC 19 East Mountain Street P. O. Box 1688 Fayetteville, AR 72702-1688 Telephone: (479) 521-7600 Facsimile: (479) 521-7661

NOTICE IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS YOUR DAILY DOSE FOURTEENTH DIVISION

IN THE MATTER OF THE ESTATE OF CHARLES J. STEED, DECEASED LAST KNOWN ADDRESS: 30 PEBBLE of BUSINESS NEWS BEACH DRIVE, LITTLE ROCK,

PULASKI COUNTY, ARKANSAS 72212 DATE OF DEATH: MAY 12, 2013 RIght tO YOUR INBOx DOCKET NO.: 60PR-13-993

Instruments dated March 29, 1991 and September 14, 2001 were on the 23rd day of May, 2013 admitted to probate as the last will and testament of the above named decedent and the undersigned has been appointed Executrix thereunder. A contest of the probate of the will can be effected only by filing a petition within the time provided by law. All persons having claims against the estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published on June 10, 2013.

Nancy Steed Williams Executrix of the Estate of Charles J. Steed 4517 Beverly Drive Dallas, TX 75205

Rose Law Firm, a Professional Association By: C. Brantly Buck 120 East Fourth Street Little Rock, AR 72201

THE DEADLINE TO SUBMIT LEGAL NOTICES Sign up for the free ArkAnSAS BuSineSS dAily report. IS NOON TUESDAY. Visit ArkansasBusiness.com. Submit your notices to [email protected]. For more info contact Bonnie Jacoby at (501) 372-1443 ext. 308. Arkansas Business June 10, 2013 25

Arkansas Super Mover Business A closer look behind a prominent promotion This Week: Dr. Tom Cummins, vice president of medical aff airs and chief medical offi cer at the Movers+Shakers St. Vincent Health System Background: Cummins received his Submit news items to ArkansasBusiness.com/Movers bachelor’s degree from Baylor Univer- sity. He completed medical school and an internal medical residency at the Education Financial Services University of Arkansas for Medical Sci- Mike Hernandez has been appointed Arkansas State Bank Commissioner ences. He earned his master’s degree assistant commissioner of fiscal services Candace A. Franks of Little Rock has in medical management at Carnegie at the Arkansas Department of Education been named the chairman-elect of the Mellon University. in Little Rock. Hernandez is current- Conference of State Bank Supervisors. ly the superintendent of the Danville Jami McNeely has been promoted to Experience: Cummins gained exten- School District in Yell County. consumer loan officer sive clinical experience as a board- Amanda Holsted Horton has joined the at Arvest Bank in Hot certifi ed internist and group practice University of Central Arkansas as director Springs. McNeely has partner from 1995 to 2008. He served of public appearances and the Reynolds more than 25 years of as the chief medical offi cer and director Performance Hall. Horton was formerly banking experience, and of hospital medicine at the White River the director of the Grand Prairie Center she has been at Arvest Medical Center in Batesville from 2009 at Phillips Community College of the since October 2010. She to 2013. He has chaired and served on University of Arkansas. previously served as a numerous hospital committees and Jami commercial loan and fi lled the role of medical director for Cummins has chaired and served on many hospital McNeely private banking assis- several hospital units. committees. [SUBMITTED PHOTO] tant. Julie Seat has been Position: Cummins joined St. Vincent on patient care. He will also maintain relation- hired as the assistant vice April 1. As vice president of medical aff airs ships and communication between physi- president and branch and chief medical offi cer at the St. Vincent cians and members of the organization’s manager at the Highland Health System, he will oversee the quality of administration. n branch of IberiaBank in Logan Joni Sharp County. Seat for- Hampton Lee merly worked for Dillard Provider Network, Rock. Hennessey is an optometric physi- Logan Hampton, Joni Julie & Dillard Motor Co. in medical director of the cian at the Little Rock Eye Clinic. Lee and Nathan Nolen Seat Ash Flat. Christus Health Plan have been appointed and a physician with the interim vice chancel- Christus Medical Group. Insurance lors at the University of Government Dr. S. Thomas Rayburn Jim Couch has been named vice presi- Arkansas at Little Rock. Joy Figarsky has been named director III, a cardiovascular sur- dent and general coun- Hampton will serve as of the Arkansas Department of Human David geon, has joined the Jack sel at Delta Dental of interim vice chancellor Services’ Behavioral Health Services Foster Stephens Heart Institute Arkansas in Sherwood. Nathan for educational, student Division in Little Rock. Figarsky has at the St. Vincent Couch has more than Nolen services and student nearly 30 years of experience in the field Infirmary Medical Center 20 years of experience life following the retirement of Charles and was formerly the CEO of Ascent in Little Rock. Rayburn providing legal counsel Donaldson. Lee will serve as interim vice Children’s Services in Jonesboro. has practiced thoracic and compliance over- chancellor for university advancement and cardiovascular sur- sight to health care following the retirement of Bill Walker. gery since 1999. Jim organizations. He was Nolen will serve as interim vice chan- Health Care Dr. Dan Hennessey Couch formerly the vice presi- cellor for information technology ser- Dr. David Foster has accepted the presi- has been elect- dent of compliance and corporate coun- vices following the retirement of Jeannie dency of the St. Vincent Medical Group in S. Thomas ed to serve on the sel at QualChoice from 2007 to 2013. Winston. Little Rock. Foster has formerly served Rayburn III Arkansas Optometric as chief medical officer of the Christus Association’s board of directors in Little Legal Christopher Heil, an attorney at the MORE ON THE WEB: Brad Hendricks Law Firm in Little Rock, Business Calendar: The Week Ahead For additional calendar items, or to submit has been appointed to the judiciary com- items: ArkansasBusiness.com/calendar mittee of the Arkansas Bar Association. Tuesday Wednesday Th ursday Friday June 11 June 12 June 13 June 14 Retail Veteran Entrepreneur Arkansas Bar Association QuickBooks for Beginners. M*A*S*H* (Medical Kevin Connell has joined the sales Training Symposium. June Annual Meeting. June 12-15. ASBTDC Lead Center, Reynolds Applications of Science for staff at Wood Motor Co. in Harrison. 10-13. Silver Legacy Hotel, Reno, Hot Springs Convention Center, Center for Business & Economic Health) Camps. May 27-July Connell began his sales career in 1980 Nev. $400-$450. (571) 297- 400 Convention Blvd., Hot Development, UALR, Little 26. Various locations. Call (501) and has most recently worked at Landers 4039. Springs. $45-$595. Visit ArkBar. Rock. $65. Visit ASBTDC.UALR. 686-5079 for specifics. Free to McLarty Nissan in Bentonville. n com. edu. qualifying high school juniors Webinar: 2013 Estate and seniors. Planning & Trust Planning Movers and Shakers Update. Noon, June 11 (part one); noon, June 12 (part two). Have a new employee or one recently $95-$165. Visit ArkBar.com. promoted? Recently elected to a board of directors? Include it in the Movers & Shakers section. Contact Gwen Moritz at [email protected] or (501) 372-1443. 26 June 10, 2013 Arkansas Business This Week: Michael Schwartz Arkansas New dean of the University of Arkansas at Little Rock’s William H. Bowen School of Law Business professional identity, and I have just launched a scholarly project aimed at fi nding ways to accomplish these Bio: Michael Schwartz Exec Q&A goals throughout the law school Background: Michael Schwartz has curriculum. I’d like to see Bowen seize more than 20 years of experience in legal To submit questions or interview suggestions, email [email protected] a leadership role in this area. Law education. Most recently he was associate students should not graduate having dean for faculty and academic develop- Michael Schwartz begins as dean of the Bowen School of Law on July 1 never done any authentic legal work, ment at Washburn University School of and replaces Paula Casey, who has been interim dean since the resigna- and Bowen already has the capacity Law in Topeka, Kan. Before that, he was a professor of law at the Charleston School tion a year ago of Dean Joel DiPippa. for all of its students to have at least of Law in South Carolina and at Western one clinical or externship experience. State University College of Law in Ful- What advice would you give to schools they are considering and sit The next logical step would be to lerton, Calif. He has practiced contracts, a student considering going in on class sessions. require all graduates to complete insurance and construction law as an to law school? Legal education one or the other. Finally, this past associate attorney. remains a great opportunity, but How has the education of year, my contract-drafting students Education: Schwartz received his Juris today’s law student needs to be young lawyers changed in the had the opportunity to interview and Doctor in 1987 from the University of more selective and choose care- past few decades? Legal educa- try their hand at drafting a contract California Hastings College of the Law in fully. I would advise students to tion has progressed shockingly little needed by a local nonprofi t. The San Francisco. calculate the amount of debt they from its 1870s foundations. I do think executive director reported to me will accumulate and minimize it. most law schools today place a more that her experience working with my Rather than focusing on national appropriate and greater focus on students was more empowering than an important step in this direction by has stiff ened. However, those two trends and data, students need to legal writing and off er clinical and any of her past interactions with real establishing Bowen as a co-sponsor issues play out very diff erently in Ar- compare tuition and job opportuni- externship opportunities unheard of lawyers. Clients often report that of the Institute for Law Teaching and kansas. For example, whereas tuition ties associated with each of the law 50 years ago. lawyers are deal killers. Law schools Learning. at some law schools is as high as schools they are considering. They owe a duty to society to do a better $50,000 per year, tuition at Bowen should even compare law school to What changes in curriculum job of producing lawyers who solve, What do you make of the is less than one-third that amount. alternative graduate school choices. or skills training are being not create, problems. Bowen can de- various reports saying law Similarly, whereas Massachusetts, for For example, for students who aspire contemplated? The Carnegie velop its off erings in this area. Bowen, graduates are having diffi culty example, has roughly 64 lawyers per to careers directing nonprofi ts or in Foundation’s 2007 “Educating Law- like nearly all law schools, needs to fi nding jobs as attorneys? Those 10,000 residents, Arkansas has only business, a law degree can distin- yers” called on law schools to do a deliver on its promises to implement reports concern me. Nationally, the 20.1 lawyers per 10,000 residents, guish them from other candidates. much better job developing students’ the best practices in teaching and fi eld does have issues. Tuition has ranking its ratio lower than the ratios Finally, students should visit the law professional values and sense of assessment. We have already taken soared, and the competition for jobs of all 49 other states. n

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