Business Litigation

The firm has differentiated itself over the years in its litigation practice. It has established a track record of successfully litigating the "big case." It has represented a number of clients in circumstances in which the litigation process was determinative of the company's future.

Lawyers with Williams & Anderson successfully defended the Arkansas Democrat, a newspaper of general circulation, when it was sued by the then-dominate newspaper, the Arkansas Gazette, for alleged predatory practices. Arkansas Gazette Company v. Little Rock Newspapers, Inc., U.S.D.C. (E.D. Ark. 1984). Community Publishers, Inc., preserved newspaper competition in Northwest Arkansas when it successfully challenged a combination of competing newspapers in that market. It was represented by this firm in concert with the United States Department of Justice. Community Publishers, Inc. v. DR Partners, 139 F.3d 1180 (8th Cir. 1998). The firm was engaged to challenge on appeal the largest damage award ever made by a jury in Arkansas, and was successful in obtaining a substantial remittitur. Advocat, Inc. v. Sauer, 111 S.W. 3d 346 (Ark. 2003).

As exemplified by the Sauer case, we have an active appellate practice in state and federal court in which we assist other lawyers in cases that we did not try. These cases typically involve large awards and novel or developing legal issues. We have a particularly strong background in issues involving punitive damages under the evolving standards of federal due process, First Amendment, trade regulation and antitrust, nursing home litigation and consumer class actions. We regularly consult with other lawyers on issues of appellate practice in Arkansas. We also have a strong background in ballot initiatives and referenda, which often involve original actions at the Arkansas Supreme Court on matters of statewide elections.

Firm lawyers have litigation experience and expertise in the areas of antitrust, business torts, construction, defamation, employment matters, intellectual property, probate, real estate, securities and ERISA. This experience extends to class action litigation. Lawyers in the firm have handled major class actions both on behalf of plaintiffs and defendants.

The firm's track record has been established by a team approach to the litigation. The combining of subject matter expertise with management and advocacy skills contributes to optimal results in a cost-effective manner. Our lawyers draw upon litigation resources including paraprofessionals and advanced technology.

We believe that business disputes should be resolved as expeditiously as possible. We know that the litigation process is seldom a profit center. We advocate mediation and arbitration where appropriate. We urge our clients constantly to assess the risks and rewards of the litigation and we provide the information critical to that calculation. Experience has taught us that the most certain strategy for satisfactory results in the litigation process is vigorous and determined advocacy.