Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This Recurring Question
When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is not so clear. This blog post explores the pros and cons of enforcing…
Products Liability Series: Does Arkansas Recognize a "Malfunction Theory" of Liability?
Does Arkansas recognize a “malfunction theory” of liability? A recent federal case has created law suggesting that Arkansas recognizes a so-called “malfunction theory” of liability in products liability actions. As further identified in a previous post, the mere fact of an accident does not…
Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Lowe's Home Centers, LLC, Enter into Consent Agreement Addressing 243 Stores (Including 21 Arkansas Facilities)
November 29, 2022
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (Region 6) (“EPA”) and Lowe’s Home Centers, LLC, (“Lowe’s”) entered into a November 17th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Resource Conservation and Recovery Act (“RCRA”) regulations. See Docket No…
Arkansas Natural Resources Commission: December 2nd Meeting Scheduled
November 29, 2022
by Walter G. Wright, Jr.
The Arkansas Natural Resources Commission has scheduled its next meeting for December 2nd at 9:30 a.m. The meeting will be held in the board room at the Arkansas Department of Agriculture, 1 Natural Resources Drive, Little Rock, AR 72205. The agenda includes the following: Business Administration …
Enhancing and Maintaining Energy System Resilience: American Gas Foundation Study
November 29, 2022
by Walter G. Wright, Jr.
The American Gas Foundation (“Foundation”) issued a November 2022 document titled: Enhancing and Maintaining Gas and Energy System Resiliency – Areas of Focus and Change (“Study”) The Study was prepared by Guidehouse. The Foundation states that the Study was conducted to: . . . investigate the…