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Mitchell Williams presents at DOJ Seminar

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Miller attended the Dept. of Justice Medical Malpractice Seminar.

Run clinic builds support for Arkansas women

Women Run Arkansas shapes community and thrives in the Natural State.

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Finding the Bard in the Natural State: Behind the scenes with Arkansas Shakespeare Theatre

Arkansas Shakespeare Theatre – the only professional Shakespeare Company in the state – has called Conway home for a little over a decade. Get a behind the scenes glimpse into the organization’s operations and check out this summer’s upcoming season on page 12. (Photos provided) REALTORS

NOTICES

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Verdicts & Settlements

Open House Tour Schedule Calendar of Events S.M.A.R.T. Budget Trivia Night Photos PG 3

Law & Government Business & People Real Estate Public Notices PG 6

Truck Driver Badly Hurt After Tire Failed $37,835,259.23 Settlement PG 15

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Are We There Yet? » PG 11 Critic’s Corner » PG 16 Games » PG 16-17 Dave Says ... » PG 17 Natural State of Architecture » PG 24 Financial Focus » PG 4 House to House » PG 15

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Mitchell Williams attorney presents at Department of Justice Medical Malpractice Seminar Mitchell, Williams, Selig, Gates and Woodyard, P.L.L.C. attorney Stuart Miller presented at the U.S. Department of Justice Medical Malpractice Seminar at the National Advocacy Center in Columbia, South Carolina in early May. Miller was the only attorney in private practice to serve as an instructor. Miller presented on life care plans as it relates to medical malpractice. The medical malpractice seminar improves understanding of planning the defense of medical malpractice cases; formulating theory of the case and assessing case value;

developing medical and legal defenses to recurring allegations; analyzing medical records, including electronic records; working effectively with treating healthcare providers and medical experts; addressing standard of care and causation issues; refining litigation strategies and techniques; and exploring settlement considerations. The seminar took place at the National Advocacy Center (NAC), operated by the Department of Justice, Executive Office for United States Attorneys. The facility is located on the campus of the University of South

Carolina. Over 20,000 personnel are trained annually in advocacy skills and management of legal operations.

ABOUT MITCHELL WILLIAMS Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. is a 92 attorney corporate law firm that provides strategic and comprehensive legal services to help clients achieve their goals. Established in 1954, the firm has offices in Little Rock, Rogers and Jonesboro, Arkansas and Austin, Texas. Source: Mitchell Williams v Stuart Miller

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South Central Arkansas Realtors Association

410 Hwy 5 North, Benton, AR 72019 • P.O. Box 322 • Benton, AR 72018 phone: 501-847-3171 • fax: 501-881-4398 • e-mail: debbie@myscara.biz

OPEN HOUSE TOUR SCHEDULE: TOURING OFFICE Thomas Crye-Leike/Benton Old South Thomas Crye-Leike/Benton

TOUR DATE 5-30 6-13 6-13 6-20 6-27

REMINDER Anytime you have any kind of change to your contact information, whether it’s a change in your email, cell number, office change or even a name change, please notify the Board office at 501.847.3171 OR debbie@ myscara.biz. I will them make the necessary changes in NRDS database system, as well.

CALENDAR OF EVENTS • REN Event June 11/5:30 p.m./Riveria Maya • ARA June Meetings/June 11-12/Fairfield Bay/MUST register to attend • Christmas Committee Meeting/June 14/1:30 p.m./ SCARA • CARMLS BOD Meeting/June 25/11 a.m./CARMLS • Next Executive Board Mtg is June 27/1:30 p.m./ SCARA

than $2 million in annual savings, achieved by reducing association staff, cutting global travel, and making across-the-board cuts. NAR is also realizing savings from a decision Goldberg made earlier this year to end the Advanced MultiList Platform (AMP), formed in 2015 by NAR’s wholly owned Realtors Property Resource (RPR) subsidiary to provide customized back-end technology services for small- to mid-size multiple listing services. The elimination of the program saves NAR $1.7 million in 2018 and, along with other reductions at RPR, will save $5.25 million in 2019. A key element of the financial blueprint involves replenishing NAR’s reserves, which have fallen 45 percent since 2015. In recent years, NAR used savings to fund activities such as a popular forms and transaction management platform benefit and for creation of Upstream, an innovative data management platform for brokers. The increase also funds needed upgrades and repairs to the association’s Washington and Chicago office buildings. In addition, the board voted to establish a reserve fund to cover maintenance costs for the buildings in the future. To read this complete article go to www.realtor. org/internal press release.

Justice Avengers once again took the title of SCARA 2018 SOAR Trivia Champions. Almost $5,000 was raised for SOAR. WAY to go SCARA and Justice Avengers. First Security Bank secured second place and Eagle Bank took home third place.

TRIVIA NIGHTFUN WAS HAD BY ALL

CODE OF ETHICS TRAINING ALL REALTORS are mandated by the National Association of REALTORS to take Code of Ethics training every two years in order to remain in good standing and maintain membership. The current “cycle” or period will end Dec. 31, 2018. If you are no certain as to whether or not you need COE training, I will be sending your broker a list of those remaining to take the course. You can also call the association office. The course CAN BE TAKEN ONLINE for FREE at www.realtor.org/codeofethics New members who have not attended a new member orientation class yet are required to take the course before doing so. Renewing members can also take the course FREE online. You can also complete this requirement by taking a CE class that has this requirement in its course outline. Remember to notify SCARA of your course completion date so it can be recorded in NAR.

S.M.A.R.T. BUDGET APPROVED ~ MID-YEAR MEETINGS In a major move to keep REALTORS positioned for success into the future while ensuring NAR no longer needs to use reserves to cover expenses, the board approved a budget that sets national association dues at $150 per year per member beginning in 2019. That’s a $30 increase. Seventeen dollars of the increase is for REALTOR Party advocacy programming. The remaining $13 will fund programs such as the new Commitment to Excellence professionalism initiative, the popular forms and transaction management benefit, and upkeep of the association’s buildings. The new package of measures, called the S.M.A.R.T. Initiatives (for Strategic Measures Advancing REALTORS to Tomorrow), was approved by NAR’s Budget Review Committee in March and association leaders have been getting member feedback on them since then. The NAR budget underwent a comprehensive review after Bob Goldberg became CEO of the association last August. The spending plan for 2019-2021 reflects more

Contact Vicki Elmendorf, Chair of SCARA’s Public Relations Committee or anyone on this committee for your tickets TODAY! And you could be saying … ALOHA.

Century 21 Parker & Scroggins REALTOR Habitat Build. They can build it and SELL IT! Great Job! CBRPM and Crye-Leike Benton also participated in the Habitat for Humanity Realtor Three Day Build.

BOARD OFFICERS: President: Vicki Elmendorf Vice President: Bill Tremor Sec/Treas: Leslie Sample Immediate Past President: Sarah Bailey Association Executive: Debbie Collins

BOARD OF DIRECTORS: Jason Edington – Expires ‘18 Casey Reed – Expires ‘18 • Danny Riggan – Expires ‘18 Tamica Johnson – Expires ‘19 • Joe Jorgensen – Expires ‘19 Denise Hipskind – Expires ‘20

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BY TOMMY HOWARD

Financial Focus www.edwardjones.com

WHAT SHOULD YOU LOOK FOR IN AN ANNUAL FINANCIAL REVIEW?

iven the complexities of the investment world, you might consider working with a financial professional to help you move toward your goals, such as a comfortable retirement. You’ll want to establish good communication with whomever you choose, and you should meet in person at least once a year to discuss your situation. At these annual reviews, you’ll want to cover a variety of topics, including these: Your portfolio’s progress – Obviously, you will want to discuss how well your investments are doing. Of course, you can follow their performance from month to month, or even day to day, by reviewing your investment statements and online information, but at your annual meeting, your financial professional can sum up the past year’s results, highlight areas that have done well or lagged, and show you how closely your portfolio is tracking the results you need to achieve your long-term goals. Your investment mix – Your mix of investments – stocks, bonds, government securities and so on – helps determine your success as an investor. But in looking at the various investments in your portfolio, you’ll want to go beyond individual gains and losses to see if your overall mix is still appropriate for your needs. For example, is the ratio of stocks to bonds still suitable for your risk tolerance? Over time, and sometimes without you taking any action, this ratio can shift, as often happens when stocks appreciate so much that they now take up a larger percentage of your portfolio than you intended – with a correspondingly higher risk level. If these unexpected movements occur, your financial professional may recommend you rebalance your portfolio to align it more closely with your goals and risk tolerance. Changes in your family situation – A lot can happen in a single year. You could have gotten married, divorced or remarried, added a child to your family or moved to a new, more expensive house – the list can go on and on. And some, if not all, of these moves could certainly involve your financial and investment pictures, so it’s important to discuss them with your financial professional. Changes in your goals – Since your last annual review, you may have decided to change some of your long-term goals. Perhaps you no longer want to retire early, or you’ve ruled out that vacation home. In any case, these choices may well affect your investment strategies, so it’s wise to discuss them. Changes in the investment environment – Generally speaking, it’s a good idea to establish a long-term investment strategy based on your individual goals, risk tolerance and time horizon, and stick with this basic strategy regardless of the movements of the financial markets or changes in the economy. Still, this doesn’t mean you should never adjust your portfolio in response to external forces. For instance, if interest rates were to rise steadily over a year’s time, you might want to consider some changes to your fixed-income investments, such as bonds, whose value will be affected by rising rates. In any case, it’s another thing to talk about during your annual review. These aren’t the only elements you may want to bring up in your yearly review with your financial professional – but they can prove to be quite helpful as you chart your course toward the future. This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.

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Member SIPC

Jack Nelson Jones, P.A. is located in Little Rock, Arkansas. Jack Nelson Jones represents a wide range of clients across the state and the nation, including First Security Bancorp, Crews & Associates, Inc., American Fuel Cell and Coated Fabrics Company, Bank of the Ozarks, the University of Central Arkansas, and North Little Rock School District. Some of Jack Nelson Jones’ other more well-known national clients include Mr. Jerry Jones and the Dallas Cowboys Football Club.

Goodwin v. Magness Oil Co., 2018 Ark. App. 303 (May 16, 2018) This appeal comes from the Baxter County Circuit Court, Honorable Shawn A. Womack presiding. This case concerns when personal jurisdiction allows suit in an Arkansas court against the citizen of another state. This case involves the sale of an Arkansas corporation, Magness Oil Company (“Magness”) to a Georgia company, Piedmont Fields (“Piedmont”) and the actions of a Nevada escrow agent, USA Global Holdings Business Trust (“USAG”) and its Virginia attorney, Daniel Goodwin and the Goodwin Law Firm (cumulatively “Goodwin”). Magness is an Arkansas-based corporation that owns a series of convenience stores in Arkansas and other states. On April 10, 2009, Magness and Piedmont, a Georgia company, entered into a letter of intent for Magness to sell twenty-three convenience stores in Arkansas and three other states to Piedmont. On April 23, 2009, Piedmont and USAG, a Nevada registered business trust represented by Goodwin, entered into an “Escrow Presentation Hypothecation Agreement” whereby USAG would use $500,000 provided by Piedmont to generate the funds to make a $45 million loan to Piedmont in order for it to purchase Magness. The escrow/ hypothecation agreement also provided that, if the hypothecation process was unsuccessful, USAG would contact Piedmont and either attempt to hypothecate the deposit for a lesser amount or rescind the escrow/ hypothecation agreement and return the money to Piedmont. Also, on April 23, 2009, Goodwin emailed a letter to Piedmont in Georgia directing it to wire transfer the $500,000 to his trust account “in connection with [Piedmont’s] acquisition of Magness Oil.” The money was wired to Goodwin in Virginia as requested. Goodwin later wired $495,000 to a third-party account owned by a USAG subsidiary in Nevada and transferred $5,000 to his firm’s operating account. On May 13, 2009, Magness and Piedmont entered into a purchase agreement which required Piedmont to tender $500,000 earnest money and expressly stated that Piedmont had already delivered the earnest money to USAG, which would hold the money as the escrow agent in accordance with the terms of the purchase agreement. The agreement also provided for a “Feasibility Period” of up to 120 days from the execution of the letter of intent for Piedmont to conduct its due diligence. After the

expiration of the feasibility period, the earnest money became nonrefundable. The agreement also specified that, if Piedmont failed to meet its obligations, the earnest money was to be distributed to Magness. The purchase agreement contained a forumselection/choice-of-law provision that stated it would be governed by and construed in accordance with the laws of the State of Arkansas and that any action would be adjudicated in the Circuit Court of Baxter County, Arkansas. However, neither USAG nor Goodwin were parties to the purchase agreement. After the expiration of the 120-day Feasibility Period, Piedmont was ultimately unable to arrange financing for the purchase of Magness. When USAG and Goodwin were not forthcoming with the earnest money after demands by Magness and Piedmont, Magness filed suit in Baxter County Circuit Court against Goodwin, Piedmont, and USAG to recover the $500,000 earnest money. Goodwin challenged jurisdiction on the basis it did not have sufficient contacts with Arkansas to subject it to the jurisdiction of an Arkansas court. The circuit rejected this argument and held there were sufficient contacts to establish jurisdiction over Goodwin. Following entry of a default judgment against USAG and summary judgment against Piedmont, a bench trial was held on Magness’ claims against Goodwin. The circuit court found that Goodwin and USAG acted in concert for the purposes of committing conversion of the earnest money and that Goodwin was liable for the full amount. Goodwin appealed. The Court of Appeals noted that any analysis of personal jurisdiction begins with Arkansas’ long-arm statute, which provides, “The courts of this state shall have personal jurisdiction of all persons, and all causes of action or claims for relief, to the maximum extent permitted by the due process of law clause of the Fourteenth Amendment of the United States Constitution.” Accordingly, in accordance with the statute, one must look to Fourteenth Amendment due-process jurisprudence when deciding an issue of personal jurisdiction. Due process requires that a nonresident defendant be subject to personal jurisdiction only if he has “certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’” There is not a bright-line litmus test for what constitutes “minimum contacts.” Attention must be paid to the “quality and

nature” of any contacts and to whether that defendant, through those contacts, enjoyed the benefits and protection of the laws of the forum state. In conducting this analysis, the proper focus of the “minimum contacts” inquiry is the relationship among the actual defendant, the forum, and the litigation. The relationship must arise out of contacts which the defendant himself creates with the forum State. A defendant’s relationship with a third party who may have contacts with the forum State, standing alone, is not a sufficient basis for jurisdiction. Applying these principles, the Court rejected Magness’ argument that there were sufficient contacts to establish personal jurisdiction over Goodwin. Magness relied on emails Goodwin sent to it, claiming that the emails were enough to establish personal jurisdiction. However, the Court noted that the use of arteries of interstate mail and banking facilities, standing alone, is insufficient to satisfy due process considerations in asserting long-arm jurisdiction over a nonresident. Arkansas courts have held the same is true of emails and social-media posts. Moreover, many of the emails appear to have been initiated by Magness and directed to Goodwin asking him for updates on the funding process. Also, some of the emails were between Will Harrelson, one of Piedmont’s principals, and Goodwin, with Harrelson forwarding the emails to Magness and, because the emails were not initiated by Goodwin or directed to Arkansas, it was precisely the sort of activity that could not satisfy the requirement of contact with the forum State. Neither Goodwin nor his client, USAG, initiated contact with Arkansas or entered into the contract to purchase an Arkansas business. Goodwin, in fact, did not enter into any contracts or conduct any business on his own behalf with respect to any of the other parties. Rather, he acted solely as an attorney representing a client, USAG. And, while USAG was identified as an escrow agent in the purchase agreement, neither USAG nor Goodwin were parties to that agreement. Rather, it was between only Piedmont and Magness, and the fact that the purchase agreement contained a forum-selection clause providing for an Arkansas forum was irrelevant to Goodwin, who was not a party to that agreement. Finally, the claims related to Goodwin were not based on the purchase agreement. Instead, Goodwin was sued in tort for breach of fiduciary duty and conversion which alleged torts did not occur in Arkansas but in either Virginia or Nevada. Because Goodwin lacked sufficient “minimum contacts” with Arkansas, the Court of Appeals held that the circuit court clearly erred in finding that it could properly exercise jurisdiction over them and reversed and remanded the circuit court’s decision as it related to Goodwin. v

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Running clinics provide community for women across Arkansas by ALY X VAN N E SS

In 1997, Cheryl Potter looked around at the running clubs in Arkansas and one thing became very clear to her; while the state had a strong running community, there wasn’t a lot out there for women who were just beginning their journey in the sport. Potter founded the first Women Can Run/Walk Clinic in Conway that year, enrolling 75 women from her community. Not only a running clinic, participants worked on their health, confidence, and self-esteem. At the end of the clinic, Potter celebrated her fellow women runners by hosting a 5K in partnership with AVON. “When I started running, there were many more male runners than there were women and the majority of race participants were men. Many of my friends would question me saying why on earth are you running and going to races to participate,” says Linda Starr, one of the leaders in that first clinic in Conway. Clinics were soon popping up across central Arkansas; Greenbrier, Russellville, and North Little Rock began hosting their own each year. But Potter realized that this now large network of women athletes didn’t have a home after the clinic was over—a place to stay connected to other women and to continue working on their running and fitness goals. In 2000, the Women Run Arkansas Run/Walk Club (WRA) was formed. Twenty-one years later, WRA still hosts a free ten-week walk/ run clinic in the spring for women of all ability levels. Since that first clinic in 1997, WRA has grown to over 40 location sites and 4,000 female participants across the state. Although Potter passed in 2005, her legacy lives on. In 2017, the graduation race saw almost 1,500 women who came out to celebrate their strength. The clinics generally meet twice a week and are designed specifically to meet the needs of women’s fitness. Beginners have the opportunity to go from sedentary to completing 3.1 miles, while intermediate and advanced participants practice interval and speed training. Rhonda Burgos, a group leader at the North Little Rock clinic, explains that women self-select their training groups based on their current abilities and fitness goals, with the opportunity to change groups until they find the right fit. Each group is led by a past clinic participant who wants to give back by volunteering their time and talent to other women. “The ladies in my group were, for some reason, thanking me, and all I was doing was blowing the whistle,” says Burgos.

Runners from the North Little Rock Clinic participate in the Women Can Run Race this past Mother’s Day Weekend. (Photo courtesy of North Little Rock Women Can Run)

“It made me feel good to help other people … I’m hoping I was a participant in changing their entire life.” Regardless of ability levels, clinic leaders educate all participants on topics including proper fitness attire, race etiquette, hydration, nutrition, and stretching. North Little Rock Co-Director, Monica Ritchie, says the women-empowered approach to fitness is important, especially for women new to the sport. “Eliminating the outside influence of the male competition helps women excel within their own limitations,” she says. “Women-centered groups also help create a supportive community where women are more likely to discuss issues such as injuries, apparel needs like bras and underwear, or gear centered on female needs than when there are men around.” Little Rock resident Kayce Peirce says being in a setting surrounded by women helped her find confidence as she worked on

running longer distances. “It can be difficult for women to try to get the confidence they need to make a positive change in their life or find the motivation to do something like this. With all of these great women out here, it’s a lot easier to find your motivation, to find your team,” says Peirce. WRA sees women at every stage of life; elite runners, teenagers, mothers, and more mature women all find a place within the clinic. Ritchie says, “I see all kinds of women at clinic. I am fond of the young girls that come out with their moms and give it all they have. It opens a new world to them and we try to make it fun so they will be lifelong runners.” The ten-week clinics conclude with the Women Run Arkansas 5k run/walk in Conway. Since 2003, the race has been scheduled during Mother’s Day weekend, making it a special day as mothers and daughters run together. The race is open

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to all women regardless of their attendance at one of the clinics. Over the years it has gained in popularity; during the 2018 race held recently on May 12, organizers had to place a registration cap for the first time in the race’s history. Starr, who now serves as the WRA statewide clinic director, says watching women cross the finish line at the graduation race is more rewarding than winning a race herself. “It is an experience that is hard to describe as you see these

hundreds of ladies cross that finish line with tears of joy running down their face,” she explains. “Seeing the happy look on their faces and the many family members on the sidelines supporting them makes it all worthwhile to us organizers that have spent many days, months, and hours working with the clinics through race day.” In addition to her role within WRA, Starr is owner and operator of The Sporty Runner in Conway. When the store first opened, it was specifically geared towards women, bearing the name The Sporty Lady. “I had retired from Southwestern Bell and had more time to run, but found it difficult to find shoes, apparel and other items for female runners so I decided to open a ladies running store. Sometimes you would have to buy men’s shoes or apparel to find something comfortable to run in,” says Starr. A runner for 30 years, she’s seen the world of running become more inclusive of women, but she says it remains important to create women-only spaces, especially for women new to the sport. The WRA clinic does just that. After the graduation 5k race, most women say they stay motivated through the connections they’ve made with other runners and walkers in their area. Ritchie, who is also President CONTINUED ON PAGE 17

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