Trial proceedings are often only the first step in the litigation process. Before, during, or after trial, one or more parties may choose to appeal an adverse ruling in the case. Our appellate attorneys know what to do when that happens. We have extensive experience in all areas of appellate litigation—interlocutory appeals, extraordinary writs, and post-judgment appeals. We have represented clients in hundreds of cases covering a broad range of substantive and procedural issues before state and federal appellate courts, including the Arkansas Supreme Court, the Arkansas Court of Appeals, the New York Court of Appeals, the United States Courts of Appeals for the Second, Fifth, Eighth, and Ninth Circuits, and the Supreme Court of the United States. Our appellate attorneys handle appeals for matters in which we conducted the trial court litigation, as well matters that were originally handled by another firm.
We have the skills and insights necessary to win an appeal. Our attorneys evaluate the unique issues and opportunities that each case presents and develop winning strategies for advocating our clients’ positions to the court.
RMP advises its business clients with respect to the tax and corporate considerations in choosing and maintaining the client’s business structure. RMP believes that advising clients on these matters involves much more than drafting “form” corporate governance documents. RMP works with its business clients on an ongoing basis with respect to:
- corporate, partnership and governance issues;
- tax planning opportunities;
- shareholder, partner and member buy-sell arrangements;
- corporate finance issues;
- buying, selling and merger opportunities;
- recapitalizations and reorganizations; and business succession planning.
RMP also represents lenders and creditors in commercial lending transactions. The attorneys at RMP have extensive experience in negotiating and drafting loan documents for complex, secured lending transactions. RMP’s lawyers are experienced in several aspects of commercial lending, including:
- representation of traditional and non-traditional lenders in real estate and other asset-based lending transactions;
- representation of borrowers in structuring, procuring and negotiating business loans, including assisting the client with cash flow and balance sheet analysis;
- assisting lenders and borrowers in workout and distressed asset situations.
Business disputes are inevitable in today’s corporate world, and they bring with them a number of risks: financial losses, damaged reputation, and even government investigations or media scrutiny. In the right hands, however, litigation can be a powerful tool to resolve disputes while minimizing these risks and may even create new opportunities: the right case at the right time can advance important strategic business goals. While the risks may seem daunting, the rewards are often sizable, and that is why smart companies need experienced counsel when responding to or initiating litigation.
Our focus is on achieving the most positive outcome for our clients as quickly and efficiently as possible. At each step, we evaluate the risks and rewards so clients can make an informed decision on how to proceed in litigation. From securing quick settlements to advising on complex, multiparty litigation, our clients trust us for favorable results that benefit their bottom line.
Our staff has experience in both state and Federal courts, but also utilizes mediation, arbitration and other proven methods of dispute resolution to help ensure a prompt, cost-effective and satisfactory resolution to client disputes. The firm also has extensive experience in the handling of appeals.
Our Construction Litigation Team has extensive experience with the complex legal challenges of building projects of all types and sizes. Owners, developers, general contractors, subcontractors, architects, and engineers turn to us for representation in federal and state courts and before arbitrators and mediators. Construction disputes are highly complex, often involving payment and collections matters, surety issues and construction claims. It is important to get representation from a law firm with an extensive background in construction law and business law. When litigation is required to resolve a construction dispute, our sole objective is to protect your current and long-term interests.
RMP advises clients dealing with issues involving the long-term care of spouses and loved ones. This representation includes advising individuals in both crisis planning and preplanning for the potential need of long-term care. The individuals at RMP involved in the elder law section include a former supervisor with the Arkansas Department of Human Services long-term care unit, a former nursing home business office manager, as well as a former assistant director of the Arkansas Department of Human Services division of aging. Areas of representation include the following:
- Advising on proper structure of assets when faced with long-term care;
- Guardianship-including temporary (emergency) guardianship and permanent guardianship proceedings;
- Establishment and proper use of Miller Trust;
- Pre-planning for potential long-term care (scenarios where long-term care may be required within a matter of years);
- Crisis planning for long-term care (scenarios involving immediate necessity to transition to skilled nursing care)
Our employment law attorneys represent all types and sizes of employers. Tim Hutchinson has served as an adjunct professor for John Brown University where he taught employment law. Our attorneys defend and represent clients on employment issues including sensitive internal investigations, wage-hour compliance and litigation, hiring procedures, executive employment contracts, immigration, EEOC matters, restrictive covenants, policy manuals, personnel decisions, and compliance with Executive Order 11246 and its affirmative action requirements. The firm devotes itself to helping companies keep up with changing federal and state rules and regulations and conducts trainings, and audits of current personnel policies in efforts to prevent litigation and minimize liability, should litigation ensue. We also provide full-service consulting to our corporate clients regarding employment issues.
Estate Planning, Probate, and Trust
RMP provides clients with a wide range of comprehensive estate planning services and counseling. Our attorneys employ a number of distinct estate planning techniques, many of which are directed at facilitating the transfer of wealth with reduced federal gift, estate, generation skipping transfer and income taxes. We provide clients with multi-generational planning designed to save taxes during life, at death, and for succeeding generations.
Our initial approach to the wealth preservation process involves:
- preparing an analysis of a client’s financial and family planning goals;
- assisting clients in the preparation of basic estate planning documents such as wills, trusts, and financial and healthcare-related documents tailored to meet the client’s specific needs;
- creatively planning to achieve the client’s goals in a manner that not only comports with the operation of client businesses or existing financial strategies, but also employs sophisticated strategies designed to avoid, defer and save federal and state gift, estate, generation skipping transfer and income taxes;
- tailoring the foundation of the client’s estate plan to deal with family dynamics; and
- working with the family leaders to implement the family’s mission and goals.
Our attorneys implement techniques designed to transfer wealth to succeeding generations during the client’s lifetime in order to save or provide liquidity to pay estate and generation skipping transfer taxes. Some of the strategies employed include:
- forming business entities to better manage estate and trust assets;
- implementing various strategies that utilize insurance to transfer value or provide liquidity to estates with estate tax burdens;
- creating gifting programs and preparing gift tax returns;
- working with clients to incorporate retirement plans and other savings strategies with the overall estate plan to achieve maximum flexibility and tax deferral; and
- advising business owners regarding business succession matters.
- administering probate estates;
- preparing estate tax returns;
- representing estates and trusts before the Internal Revenue Service;
- preparing trust tax returns;
- assisting clients with appraisals of real estate and business interests (including working with the client and valuation advisors in performing due diligence for the appraisals);
- funding trusts and advising clients on various post-mortem trust administration issues;
- assisting in the selection of financial advisors and fiduciaries; and
- advising beneficiaries of trusts as well as fiduciaries in the management of trusts in order to protect trust assets from claims of creditors and better attain tax avoidance or deferral.
& White Collar Defense
RMP has expertise defending businesses, senior executives and other individuals in a wide range of investigations and prosecutions. Our team consists of experienced former federal and state prosecutors who possess firsthand knowledge of how government agencies conduct investigations and prosecutions, which we use to assist our clients in navigating these processes successfully.
& Corporate Compliance
RMP conducts thorough and discreet internal investigations to assess the risk of criminal and civil liability to an organization and its individuals and to enable decision makers to make informed judgments. Our attorneys have extensive experience leading complex, highly sensitive internal investigations to conclusion – whether resolved internally, or through litigation with government or private entities.
Personal Injury and Wrongful
At RMP, we defend companies against all types of personal injury claims, and represent a substantial number of insurance companies and third-party administrators. Our attorneys work ranges from alleged motor vehicle negligence, slip-and-fall claims, medical malpractice, Workers compensation, premises liability, representation of rail carriers, toxic tort claims, product liability claims—including pharmaceutical and medical device product liability claims to wrongful death claims.
Professional Liability Defense
The liability defense attorneys at RMP LLP have a history of strong client relationships and teamwork, always with the goal of obtaining the most beneficial outcome on behalf of professionals including architects, engineers, physicians, nurses, hospitals, chiropractors, directors, officers and real estate agents and brokers. We work aggressively on behalf of professionals in cases of alleged negligence or breach of professional standards. Our attorneys recognize the sensitive nature of claims against fellow professionals and take great care to afford the best possible representation.
Our attorneys recognize the unique relationship between liability insurance providers and their insured and strive to meet the needs of both entities in a professional and ethical manner. We are effective courtroom litigators who are respected in courts throughout the state. Our attorneys have successfully defended professionals against multi-million dollar claims both at the trial and appellate level.
RMP represents developers, brokers, landlords, tenants, lenders and investors with respect to all aspects of real estate transactions, including buying, selling, developing, leasing and lending transactions. RMP’s experience includes:
- assisting real estate investors on contracting, due diligence and closing matters;
- representing developers in commercial and residential projects with respect to acquisition, financing, development and sales and leasing;
- advising investor clients and structuring real estate transactions involving like-kind exchanges, including reverse exchanges;
- representing condominium developers and condominium property associations; and
- assisting clients with land planning and zoning matters.
Special Needs Planning
RMP advises clients in the proper implementation and use of Special Needs Trusts. Within this scope of representation, RMP works with parents of children with special needs to ensure estate planning is structured in a manner to maximize preservation of public benefits that the child may be entitled. RMP also assist clients that may be receiving settlements or an inheritance that would otherwise jeopardize continuation of public benefit programs. Areas for precipitation with regard to Special Needs Planning include the following:
- Estate Planning for parents of children with special needs the purpose of creating special needs trusts (third-party trusts);
- Working with plaintiff attorneys for the purpose of establishing first-party special needs trusts in dealing with personal injury settlement/judgments; and
- Guardianship for children with special needs upon the child attaining age 18.
RMP is uniquely positioned to offer the most experienced team of civil and criminal tax attorneys in Arkansas within one law firm. Our tax defense team consists of former state and federal prosecutors with years of prior experience prosecuting criminal tax cases now utilizing that knowledge base and experience for the benefit of our clients. When combined with the experience and expertise of our civil tax division, RMP represents a uniquely skilled group of attorneys who have successfully represented clients at each stage of the tax process, from IRS administrative proceedings, to criminal prosecutions.
& Charitable Planning
In addition to assisting clients in implementing foundational estate planning goals, RMP also helps clients carry out their philanthropic efforts. RMP’s experience includes:
- forming tax-exempt entities, including private foundations and 501(c)(3) charities, as well as advising clients regarding the operation and governance of these entities; and
- implementing charitable estate planning strategies, including all forms of charitable trusts, in order to obtain favorable transfer and income tax savings for the client.
Taxation Law and Tax Planning
RMP provides tax advice to individuals and closely held corporations, limited liability companies and partnerships on many issues, including:
- tax controversies involving estate, gift, income, sales, and use taxes;
- start-up and ongoing tax planning for business entities;
- tax planning for sales, purchases and mergers of businesses and business assets;
- tax issues related to corporate finance and debt relief;
- tax planning for tax-exempt organizations, private foundations and charitable giving; and
- tax planning for real estate transactions, including real estate development planning and IRC Section 1031 exchanges.