Clayborne S. Stone

Clay Stone is litigator with extensive experience in handling disputes involving contested wills, trusts, and gifts, the administration of trusts and estates, and guardianships. He also regularly handles complex commercial litigation matters, construction disputes, and real estate litigation. He has litigated cases throughout the State of Arkansas, in state and federal court and at both the trial and appellate levels.

Experience

• Represented parties in will and trust contests, guardianships (both contested and uncontested), and actions to remove fiduciaries.
• Prosecuted and defended complex commercial litigation matters, including claims involving trade secrets, trademark infringement, and covenants not to compete.
• Defended officers and directors in direct and derivative actions brought by shareholders.
• Represented parties in connection with real estate and lien disputes.
• Represented landowners, developers, and design professionals in construction disputes. 

Representative Experience

• Bostic v. Goodnight, 443 F.3d 1044 (8th Cir. 2006) (affirming judgment in favor of shareholder in a derivative action)
• Fordyce Bank & Trust Co. v. Bean Timberland, Inc., 369 Ark. 90,251 S.W.3d 267 (2007) (affirming judgment in favor of buyer of cut timber in case involving priority under the Uniform Commercial Code) 
• Pulaski County v. Arkansas Democrat-Gazette, Inc., 371 Ark. 271, 264 S.W.3d 465 (2007) (affirming order finding certain emails from county employee were public records under Arkansas Freedom of Information Act and releasing emails to newspaper) 
• Baptist Health v. Smith, 536 F.3d 869 (8th Cir. 2008) (affirming judgment in favor of physician in suit for contribution against former employer) 
• Evans v. Blankenship, 374 Ark. 104, 286 S.W.3d 137 (2008) (affirming dismissal of receiver for improper venue) 
• Steinbuch v. Cutler, 518 F.3d 580 (8th Cir. 2008) cert. denied sub. nom., Steinbuch v. Hyperion Books, 129 S.Ct. 223 (2008) (affirming dismissal on personal jurisdiction grounds one client and remanding for jurisdictional discovery on issue for another defendant)
• Dardanelle & Russellville Railroad, Inc. v. Certain Underwriters of Lloyd’s of London, 2010 Ark. App. 790, _ S.W.3d _(reversing summary judgment in favor of insurer in dispute regarding coverage) 
• Grand Valley Ridge, LLC v. Metropolitan Nat’l Bank, 2012 Ark. 121, _ S.W.3d _ (affirming trial court’s order denying motion to set aside judgment in foreclosures action and affirming entry of sanctions) 
• Ground Zero Construction, Inc. v. Walnut Creek, LLC, 2012 Ark. 243, _ S.W.3d _ (affirming dismissal of appellant’s complaint for lien because appellant did not strictly comply with the statutory notice requirements regarding description of work)

Education

• University of Arkansas School of Law J.D., cum laude (2003)
• University of Arkansas at Little Rock B.A., Political Science (1999)

Professional Recognition

• The Best Lawyers in America©: Commercial Litigation (2021)
• Mid-South Super Lawyers Rising Stars: (2018-2011)

Involvement

• Member, Arkansas Bar Association
• Member, Museum of Discovery Board of Directors

News & Articles

Firm News

• 47 Mitchell Williams Attorneys Named to 2021 Best Lawyers® List - 17 Named 2021 Best Lawyers: Ones To Watch; 7 Named 2021 Best Lawyers® "Lawyer of the Year"
• Mitchell Williams Attorneys Clay Stone, Ben Jackson and Mandy Stanton Presented at the 85th Annual Arkansas Municipal League Convention - Discussed the Arkansas Freedom of Information Act (FOIA); The Latest on Cybersecurity Best Practices for Municipalities

Articles

• Good Deal or Bad? Complex Commercial Litigation Even When You've Done Everything Right

Publications