Litigation

The team of litigation attorneys at McDaniel, Wolff & Benca PLLC have extensive experience handling a broad range of complex business-related matters for both plaintiffs and defendants. The outcome of any type of litigation depends on an experienced, knowledgeable and creative lawyer as well as one who enjoys a reputation of hard work, reliability, integrity, and certainty to take all reasonable measures necessary to protect the client. At McDaniel, Wolff & Benca PLLC, we implement those necessary traits and use our experience to represent clients in business disputes to bring them to a successful conclusion.

Our litigation group is led by Bart Calhoun and Scott Richardson. If we can assist you with any litigation matters, please call us today at 501-954-8000, or submit an inquiry via our contact form available here.

Full-Service Commercial Litigation Practice

McDaniel, Wolff & Benca PLLC is the “go-to” trial firm for many clients in complex or bet-the-company cases in Arkansas. Our litigation attorneys are known for advocacy, judgment, and responsiveness. Listening, understanding and believing in the goals of our clients are our guideposts in delivering results at the courthouse.

We know that a business operates for profit and litigation is rarely a source of profit. Because of this, many business disputes demand realistic and prompt resolution, minimizing loss or damage to the business and those that operate it. Our goal is simple: be prepared to aggressively litigate on your behalf, but if a reasonable and acceptable solution is available, to resolve your dispute as quickly and inexpensively as possible so you can get back to business and enjoy positive pursuits. When trial is necessary, our litigation attorneys will vigorously pursue your claim or defense.

Commercial litigation comes in many forms and sizes, and our litigation attorneys have seen it all after decades of practice in Arkansas courts. Business disputes can involve fraud, contract breaches, employee embezzlement, shareholder disputes, breaches of fiduciary duties by company officers, employment and labor disputes, product liability claims, unpaid debts, thefts of trade secrets, intellectual property infringements, and any number of other disputes. Whether the case is a complex contractual dispute, a class action lawsuit, or an industry-specific claim, our team of litigation attorneys are fully equipped to handle any type of commercial litigation in Arkansas.

Breach of Contract

One of the most fundamental business disputes involves a breach of a contract. Well-drafted contracts are what keep businesses functioning, and typically, profitable. Most contracts spell out the parties’ obligations, compensation to be paid or received, conditions under which a contract is in force and even sometimes provisions for resolving disputes. Unfortunately, even the most carefully drafted contract can become the subject of litigation if one party simply refuses to abide by a contract provision, or if there is a disagreement about the meaning of the contract's language.

The litigation attorneys at McDaniel, Wolff & Benca PLLC, we have extensive experience handling complex contractual disputes before judges, juries, arbitrators, and mediators throughout Arkansas. Our team will review the contract at issue, analyze potential liabilities, and advise you on potential avenues of recovery or defenses to claims asserted against you. If you believe your business has suffered due to a breach of contract, or if a contract-related claim has been alleged against your business, contact our litigation attorneys to see how we can help.

Employment Litigation

The number of employment class actions, representative actions, and Fair Labor Standards Act (FLSA) collective actions has exploded in Arkansas over the past decade and shows no sign of slowing. While a handful of recent Supreme Court cases have made modest inroads for employers, many lower courts remain supportive of employment class action litigants and may view the process as necessary to constrain employer conduct. At the same time, the plaintiffs’ bar is continuing to develop counterstrategies designed to increase employer costs and to provide itself with settlement leverage.

The team of litigation attorneys at McDaniel, Wolff & Benca PLLC understand that compliance with labor and employment laws can be difficult for businesses of any size and can cause serious financial exposure for the unwary. We are well-versed in employment law and frequently defend public and private institutions against claims relating to any of the following:

• Title VII of the Civil Rights Act - Protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin.
• Americans with Disabilities Act (ADA) - Civil rights law that prohibits discrimination based on disability.
• Age Discrimination in Employment Act (ADEA) - U.S. labor law that forbids employment discrimination against anyone at least 40 years of age or older.
• Fair Labor Standards Act (FLSA) - U.S. labor law that creates the right to a minimum wage, “time-and-a-half” overtime pay when people work over forty hours a week, and prohibits employment of minors in “oppressive child labor.”
• Family and Medical Leave Act (FMLA) - U.S. labor law requiring covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons.
• Sarbanes-Oxley Act (SOX) - Federal law that aims to protect investors by making corporate disclosures more reliable and accurate as well as providing whistleblower protections.
• Occupational Safety and Health Act (OSHA) - U.S. labor law governing the federal law of occupational health and safety in the private sector and federal government.
• Employee Retirement Income Security Act (ERISA) - Federal tax and labor law that establishes minimum standards for pension plans in the private sector.
• Genetic Information Nondiscrimination Act (GINA) - A congressional act designed to prohibit some types of genetic discrimination.
• National Labor Relation Act (NLRA) - U.S. labor law guaranteeing the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action, such as strikes.
• Worker Adjustment and Retraining Notification Act (WARN) - U.S. labor law that protects employees, their families, and communities. It requires most employers with 100 or more employees to provide 60-day advance notification of plant closings and mass layoffs of employees.
• Arkansas Labor Laws - Arkansas laws that regulate similar issues regarding the rights and responsibilities of workers and the relationship between employees, unions, and employers.

If your business is facing an employment-related claim or lawsuit, contact our litigation attorneys to see how we can help.

Business Torts in Arkansas

Arkansas law recognizes a wide variety of business torts which provide remedies to businesses even when a contract does not pertain to the situation. Also known as an economic tort, a business tort refers to a wrongful action taken against a business intending to cause it harm. These specific types of torts may result in lost profits, negatively affected reputation, loss of competitive advantage, and loss of market share, among other issues. Business torts can be committed intentionally by a competing business or they can be the result of negligent behavior by individuals or other companies.

Business-related torts recognized in Arkansas include:

• Negligence
• Conversion
• Fraud and deceit
• Unfair competition
• Tortious interference with contractual relationships
• Defamation
• Product liability
• Theft of trade secrets

Business torts can cause serious harm to the reputation of a company, as well as its day-to-day practices. The experienced commercial litigation attorneys at McDaniel, Wolff & Benca PLLC can help ensure your business is protected when the unexpected happens. We know that business litigation requires strategic and effective legal strategies in order to hold the responsible parties accountable. If you believe your business has suffered due to a business tort caused by another company or individual, or if a business tort claim has been alleged against your business, contact our litigation attorneys to see how we can help.

Collections

When you loan funds or provide goods and services to other people or businesses, it is expected that you receive the full payment you are owed. While many people make the payments expected from them, not all fulfill this obligation, causing you and your company frustrating financial loss. Fortunately, there are ways in which you can pursue the payment that you are owed by other parties, preventing you from suffering long-term financial harm.

The litigation attorneys at McDaniel, Wolff & Benca PLLC are proud to serve numerous Arkansas financial institutions and other businesses with their collection needs. Our team has the experience and knowledge necessary to help businesses obtain the money they are owed in a cost-efficient manner in order to minimize financial loss. If your business needs assistance with collecting a debt, contact our litigation attorneys to see how we can help.

Trusts, Estates & Fiduciary Litigation

Disputes can often arise in the administration of a trust or a probate estate, especially when there are substantial amounts of money involved or when family conflict is present. These disputes can arise between beneficiaries, between a trustee or other fiduciary and beneficiaries, or come from third parties.

The litigation attorneys at McDaniel, Wolff & Benca, PLLC represent corporate, institutional and individual clients in disputes related to wills, trusts, estates and fiduciary issues. Our extensive estate planning and probate practices enables our firm to provide comprehensive litigation services in any estate or trust-related dispute.

Our litigation attorneys represent clients in matters related to breaches of fiduciary duty, including improper asset management, self-dealing, conflicts of interest, and improper administration and distributions, as well as accounting disputes, petitions for court instructions, reformation of instruments and removal of fiduciaries, contests on the grounds of undue influence, lack of capacity, fraud, duress and forgery, and claims involving business succession matters.

Our full-service approach enables our litigation attorneys to draw upon the breadth of substantive knowledge within our firm, to advise on special aspects of a given dispute, including tax, intellectual property, real estate and corporate law. Whether it is probate or civil court, including appeals, our clients benefit from our decades of experience in handling trust and estate litigation matters, in and out of the courtroom. If you need assistance with an estate or trust litigation matter, contact our litigation attorneys to see how we can help.