Arkansas Money and Politics October 2020

CONGRATULATIONS

Katherine Blackmon Carroll for being recognized among Arkansas’ Legal Elite!

HELPING EMPOWER PEOPLE Katherine Blackmon Carroll is a quintessential attorney, life and health coach. For more than two decades, Katherine and her team have provided a unique approach to family law.

It takes a special kind of attorney to treat every aspect of a person’s life – mind, body and spirit. Katherine knows it’s so much more than winning a case. “It’s about the journey. It’s about helping empower people to be the best they can be. It’s helping guide a client through one of the most traumatic experiences of their lives and reassuring them that it will be ok.”

Law Offices of Katherine E. Blackmon 212 Center Street 11th Floor, Centre Place Little Rock, AR (501) 372-7636

facebook.com/KEBlackmon

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Jay Bequette

Keith Billingsley

Cody Kees

Education Law • Business Litigation • Employment Law Personal Injury • Property Law 425 West Capitol Ave. • Little Rock • 501-374-1107 • bbpalaw.com OC TO B E R 2 02 0

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1. FRIDAY ELDREDGE & CLARK LLP

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Little Rock, Rogers

2. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C.

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Little Rock; Rogers; Jonesboro; Austin, Texas

3. WRIGHT LINDSEY JENNINGS

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Little Rock, Rogers

4. KUTAK ROCK LLP (ARKANSAS OFFICES)

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Little Rock, Fayetteville, Rogers (based in Omaha, Neb.)

5. QUATTLEBAUM, GROOMS & TULL PLC

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Little Rock, Springdale

6. BARBER LAW FIRM

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Little Rock, Bentonville

7. GILL RAGON OWEN, PA

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Little Rock

8. RAINWATER HOLTON & SEXTON

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Little Rock; Fayetteville; Hot Springs; Bryant; Conway; Memphis, Tenn.

9. ROSE LAW FIRM

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Little Rock, Fayetteville

10. THE WILSON LAW GROUP

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Little Rock; Fayetteville; Memphis, Tenn.; Nashville, Tenn.; Knoxville, Tenn.; Jackson, Miss.

11. TAYLOR KING LAW, P.A.

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Little Rock; Springdale; Arkadelphia; Jonesboro; Fort Smith; Texarkana, Texas; Jackson, Miss.

12. CROSS, GUNTER, WITHERSPOON & GALCHUS

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Little Rock, Fayetteville

13. DOVER DIXON HORNE PLLC

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Little Rock

14. ROBERTS LAW FIRM

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Little Rock

15. HILBURN, CALHOON, HARPER, PRUNISKI & CALHOUN, LTD

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North Little Rock

16. MUNSON ROWLETT MOORE BOONE

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Little Rock

17. MATTHEW, CAMPBELL, RHOADS, MCCLURE & THOMPSON, PA

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Rogers

18. PPGMR LAW

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Little Rock

19. CADDELL REYNOLDS LAW FIRM

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Fort Smith, Fayetteville, Rogers, Jonesboro, North Little Rock, Little Rock

20. CONNER & WINTERS (FAYETTEVILLE OFFICE)

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Fayetteville (based in Oklahoma City)

21. TAYLOR LAW PARTNERS LLP

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Fayetteville

22. WADDELL COLE & JONES PLLC

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Jonesboro

23. THE BRAD HENDRICKS LAW FIRM

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Little Rock, Conway, Fayetteville, Texarkana, Jonesboro, Fort Smith

24. CARNEY BATES & PULLIAM

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Little Rock

25. BASSETT LAW FIRM LLP

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Fayetteville

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A Growing Health System for a Growing Community

We are MAGNET RECOGNIZED Conway Regional Medical Center has achieved Magnet® designation— a reflection of our nursing professionalism, teamwork, and superiority in patient care. Only 8% of hospitals nationwide have Magnet Recognition status and Conway Regional is now only the third hospital in Arkansas—and the first outside of Little Rock—to receive the honor.

At Conway Regional, we are blessed to have a bold team that is engaged, take pride in their calling, and work in unity to provide exceptional care.

Visit ConwayRegional.org/Jobs or text “OneTeam” to 97211 for information on opportunities to join the Conway Regional family.

We’re not just growing—we’re growing together.

Quality Care Rooted in Arkansas

hope Is The Foundation. recovery Is The Journey.

In response to the growing needs of our community, The BridgeWay has expanded its continuum of care for substance use disorders. The acute rehabilitation program will provide hope and recovery for adults struggling with substance use disorders. Led by Dr. Schay, and a Board Certified Psychiatrist and Addictionologist, the Substance Use Disorder Rehabilitation Program is for adults at risk of relapse. Rehabilitation requires the supportive structure of a 24-hour therapeutic environment.

To learn more about our continuum of care for substance use disorders, call us at 1-800-245-0011.

Physicians are on the medical staff of The BridgeWay Hospital but, with limited exceptions, are independent practitioners who are not employees or agents of The BridgeWayHospital. The facility shall not be liable for actions or treatments provided by physicians.

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Dr. Schay

Medical Director Of Substance Use Disorders & Patriot Support Program

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Dorothy Morris CONGRATULATIONS

for being recognized as a Top 100 Professional.

Dorothy Morris has been instrumental in supporting Arkansas fine art communities. From supporting institutes of higher education to seed-funding nonprofit organizations through The Giving Circle and lending her talents to several boards, such as The Gaines House, she truly is an innovative philanthropist.

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OutSTANding Leadership His work ethic, passion for customer service and heart for community set the standard for Movista’s company culture - his personality is what brings it to life.

Congratulations to Stan Zylowski for being named one of AMP’s Top 100 Professionals for 2020!

NATURAL STATE RECOVERY CONGRATULATES

CHRISTOPHER DICKIE TOP 100 PROFESSIONALS

Christopher Dickie serves as Chief Executive Officer at Natural State Recovery Centers, a substance abuse treatment center in Little Rock. Together with his experienced team, they are impacting Arkansas and how we approach helping individuals and families recover from addiction.

The Hot Springs Giving Circle congratulates

DOROTHY MORRIS On being acknowledged as one of the Top 100 Professionals.

Dorothy is a co-founder and board member of the Hot Springs Giving Circle, a group of philanthropists serving nonprofits in Hot Springs and Garland County as a component fund of the Arkansas Community Foundation.

3600 Cantrell Rd., Suite 303 Little Rock (501) 319-7074 naturalstaterecovery.com

hsgivingcircle@gmail.com

Congratulations,

We love you!

Dorothy Morris!

- The Cast & Crew of Daughter of the White River AR M O NE YA ND P O L I T ICS .COM

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Congratulations!!

Arkansas Money and Politics TOP 100 PROFESSIONALS 2020

Scott Streeeett

Medical Center of South Arkansas Chief Executive Officer Thank you Scott for your outstanding leadership.

We are proud to bring your vision of “Destination Healthcare” into reality for residents in south Arkansas!

WE APPRECIATE THESE NUMBERS, TOO.

Congratulations to Luke Brown, 100 Top Professionals

Luke joined our team in 2010 after earning his bachelor’s degree in mathematics from UCA and his master’s degree in mathematics from the University of Oklahoma. He is well versed in many different kinds of financing structures and analytical processes, and serves our clients as head of analytics and support. Congratulations, Luke, on this honor.

Luke Brown

lbrown@crewsfs.com 501.978.7986

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A Guiding Star

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Congratulations to Andrew “A.B.” Meadors for being named to the Arkansas Money & Politics inaugural “Top 100 Professionals” list! With three employees, Andrew started Sunstar Arkansas three years ago as a division of Sunstar Insurance Group. The 45th largest property and casualty insurance agency in the U.S., the Sunstar Insurance Group is one of the fastest-growing agencies in the region.

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Tried and True.

Trammell Piazza Law Firm proudly congratulates Melody H. Piazza for being recognized as an Arkansas’ Legal Elite.

Melody and the experienced trial lawyers of Trammell Piazza are known for their tenacious representation and significant financial results for clients.

Catastrophic Injury • Nursing Home Abuse Construction Defects • Business Litigation

501-371-9903 • Texarkana • Little Rock trammellpiazza.com Melody H. Piazza, Partner

Congratulations, Chad!

Join us in congratulating Chad Carlson on being named to the list of Best Financial Advisors by Arkansas Money & Politics.

We work with individuals, families, businesses and institutions to build, preserve and manage wealth. Let our experience and guidance help you plan for your financial future.

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CONGRATULATES JAY COKER

JOSH HANKINS

BEN NOBLE

Coker Farms

USA Rice

Riceland Foods

Join us in congratulating Jay Coker, Josh Hankins, and Ben Noble on being chosen to proudly represent the Arkansas rice industry in AMP’s Top 100 Professionals of 2020.

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Congratulations Anna Beth Gorman!

AMP’s Top 100 Professional’s Anna Beth Gorman is evidence of the fact that when women succeed, Arkansas succeeds.

She has committed her professional life to public service with a specialized focus on advancing the status of women in our state. Anna Beth has spent the last four years championing economic equity for women and girls in the role of Executive Director at the Women’s Foundation of Arkansas. Congratulations!

400 West Capitol Ave, Suite 1242 • Little Rock • 501-244-9470

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womensfoundationarkansas.org

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from the pandemic-induced recession this year. It’s likely many smaller companies won’t have the same advertising budget as in most years.

Still, a select few studentathletes do stand to gain quite a bit from these sweeping changes. Stars in profitable sports like baseball, basketball and especially football can fetch higher amounts. Take recent Razorback basketball players Isaiah Joe and Mason Jones, for example.

Before leaving college to enter the 2020 NBA Draft, Joe and Jones were the two best players in the Razorback basketball proIsaiah Joe gram. They were also the two of the most popular, both in traditional ways and in terms of social media following.

If the NIL were in effect, sponsored campaigns on Jones’ social media channels (primarily Twitter and Instagram) would have an annual value of $18,660 (or $696.69 per post), based on a valuation formula devised by Influencer (INFLCR), a softwareas-a-service platform that stores, tracks and delivers sports team Mason Jones properties’ content across their influencer network of athletes, coaches, former athletes, media, etc. One of INFLCR’s hundreds of college team clients is the Arkansas Razorbacks.

Joe, meanwhile, would have a $21,480 annual social value ($834.40 per post) as a Razorback, according to the INFLCR formula.

But, as Arkansans know, the king of sports in this state is football. Razorback football, to be exact.

Rakeem Boyd That shows up in the fact that football produces the lion’s share of the revenue that the University of Arkansas athletic department as a whole produces. It also shows up in the valuation numbers for

ith all the changes that the COVID-19 pandemic has spurred, this college football season has been most unusual so far.

A return to normal, however, isn’t in the cards for next fall. That’s the first semester the NCAA’s new Name, Image and Likeness (NIL) rules are expected to go in effect.

These rules and standards represent a major shift away from the amateur model that the NCAA has promoted since the mid-1900s. They will allow student-athletes in all sports to monetize their own fame through activities like commercial endorsements, social media influencing and hosting sports camps.

Imagine seeing your favorite college player shill for local car dealerships or headline their own football camps. If the NCAA’s three divisions adopt the NIL rules by January 2021, as expected, you may see such scenarios starting in the 2021-2022 season.

———

WHAT IS THE NIL? In April 2020, the board of governors for the National Collegiate Athletics Association, college sports’ governing body, recommended rule changes that allow student-athletes to receive compensation for their name, image and likeness.

This isn’t meant to be pay for play, however. Paying directly for athletic performance or participation (even though that’s what leads to the fame) isn’t permitted. On top of that, student-athletes aren’t allowed to involve trademarked intellectual property of their university or conference in their commercial activities.

For instance, a star quarterback for the Hogs couldn’t wear a Razorback jersey or mention the Razorbacks in a commercial.

The board’s recommendations will move to the rules-making structure in each of the NCAA’s three divisions. The divisions are expected to adopt the new NIL rules by January 2021.

——— This overhaul won’t make most student-athletes rich. Perhaps a few extra hundred dollars here and there. Most student-athletes at smaller schools simply don’t have large enough followings or name recognition to command big money through their own direct activities (e.g. camps or personal appearances) or third-party promotional activities.

In 2021, at least, student-athletes will also be operating in a (let’s hope) post-COVID-19 world recovering

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Rakeem Boyd, the Hogs’ star senior running back.

Boyd has a social media value of $2,652.23 per post for an $88,240 annual social value.

That’s pretty impressive, but it should be noted Boyd is an outlier. He’s not only a star, but he’s a highly engaged one with 250,000 total interactions on social media from August 2019 through August 2020, according to INFLCR.

Legions of Razorback fans make up his 45,000-plus Twitter followers and 67,000-plus Instagram followers.

But he’s also drawing interest and followers from audiences beyond the state’s borders, and even football fans who don’t follow the Razorbacks. For instance, Boyd spent much of his youth in Houston, a major metropolitan area. Then, while spending a year in junior college in Kansas, he was featured in the Netflix series Last Chance U, a reality sports drama. He undoubtedly picked up plenty of followers from that.

When it comes to building social media value, the numbers of followers matter but the number of engaged followers is more important. Many interactions between the producer and audience, like what Boyd has, is key.

That’s what the Hogs basketball program promotes to recruits in this Tweet:

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The university’s selling points to recruits go well beyond audiences, says Jon Fagg, the Razorbacks’ deputy athletic director, who is part of the University of Arkansas NIL working group of eight people. Traditionally, the UA athletic department has pitched the school’s Walton College of Business and Northwest Arkansas’ vibrant job market and Fortune 500 companies to attract recruits thinking about life after sports.

But in 2021, expect some of those businesses to work with the UA and current student-athletes in unprecedented ways, potentially around endorsement deals.

“We want to be as innovative as possible,” Fagg said.

“We want to be as specific to Arkansas student athletes as possible. And so this part of the country, as we all know, has an incredible balance, an incredible set of communities around the university and Walmart and Tyson and the vendor world. And so we are seeking input from that community as well, because those tend to be the best companies in the world.”

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He added, “So we are doing everything we can to partner with people on campus who are innovative, as well as with innovative companies in the community, to ensure that we have the absolute best [NIL] program we can for our student-athletes.”

Keeping track of individual endorsement deals and social media followers introduces new kinds of metrics to the sports landscape. These aren’t the kind of “scores” most fans of college sports are used to following.

Which begs the question...

HOW DID WE GET HERE? Let’s start with the basics. The vast majority of colleges and universities are tax-exempt, and so are their athletic departments. They don’t have to pay their players since they operate under an amateur model that presumes college players are education-focused students, not money-focused employees. But college sports have become increasingly professionalized and lucrative in recent decades, as the market rate of today’s top college coaches shows.

Consider Arkansas head football coach Sam Pittman makes $3 million per year, and that’s low by SEC standards. His top two assistants both make at least $1 million a year.

Some critics cite college coaches’ expanding pocketbooks, while the NCAA “fixes” student-athletes’ compensation at the price of attendance plus stipends, as evidence of an unfair system involving price-fixing that puts the NCAA in potential violation of federal antitrust laws.

This issue has spurred antitrust lawsuits that challenge the NCAA’s compensation rules. Recently, a few states including California and Florida have passed state legislation granting college athletes the right to paid endorsement deals and agents.

Likewise, use of agents was one of the recommendations approved by the NCAA’s board of governors. But those agents and advisors must be qualified by a yet-tobe-decided third party, according to yet-to-be-prescribed criteria.

Details around these regulations are being sorted out in Congress.

In late September 2020, a bipartisan pair of congressmen introduced a new bill that would govern studentathlete compensation and provide restrictions around the types of products and services they will be able to endorse. The Federal Trade Commission (FTC) would be in charge of enforcing all aspects of this new NIL law if it

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Rakeem Boyd has a social media value of $2,652.23 per post for an $88,240 annual social value.

——— Incidents like this, which are bound to flare up across the nation, are one reason the new NIL bill proposes a 13-person commission that would recommend a dispute resolution process. The commission, to include two current or former student-athletes, coaches, athletic directors, conference administrators, corporate governance experts and sports marketing experts, would also advise the NCAA on how to certify agents for student-athletes and make other recommendations to legislators as the industry evolves.

——— In theory, there will be no limit on the amount of money a student-athlete and his/her agent can earn. In reality, though, earning potential will be limited by some of the most important restrictions in outlines for proposed legislation around student-athlete compensation:

passes next year. How the FTC’s authority would interact with a third-party administrator to be chosen by the NCAA isn’t yet decided.

One of the bill’s co-authors, Rep. Anthony Gonzalez (R-Ohio), said the bill creates “guardrails” to protect gender equity and set up a general framework that can evolve over time. “We believe a federal law is what’s appropriate to pre-empt all the state-by-state chaos,” he said in early June to the Knight Commission on Intercollegiate Athletics.

“We all know it doesn’t make a whole lot of sense to have a high school student looking at different state legislatures and saying, ‘I like Florida’s law better than Oklahoma’s law, so maybe I’ll go to the University of Miami.’”

A federal standard “levels the field for all of college sports so no matter what state you’re in, you play by the same rules, which in theory means you have equal opportunity inside of that,” Gonzalez added.

———

• NIL deals are delayed until the athlete’s second semester in college.

• Prohibition on deals with companies and brands related to alcohol, tobacco, marijuana, gambling or adult entertainment.

• Deals cannot be used as recruiting inducements to a specific school.

On top of that, while student-athletes would be allowed to identify themselves by sport and school, the use of conference and school logos, trademarks or other involvement would not be allowed.

Figuring out which deals are legit and which are not according to federal NIL law will be a heavy regulatory lift, even with the FTC involved, according to John Long, a sports lawyer who specializes in NCAA infractions.

“That is where the money is going to be made for practitioners, and that is where the headaches are going

FLEXIBLE ARCHITECTURE Almost certainly, there will be hiccups — at the very least — with any federal NIL law. Issues both expected and unexpected will emerge in ways not anticipated, across a spectrum of nascent issues.

For instance, the NIL bill doesn’t clarify how the FTC would distinguish between payments for a studentathlete’s value as an endorser versus his/her value as a recruit. If, say, a sports bar owner in Fayetteville wanted to pay a Hogs quarterback $125,000 for a minute-long commercial, there is no set method to determine when that type of contract crosses the line from the fair market value for an endorsement into a payment to make sure the quarterback stays at the UA (instead of transferring or leaving for the NFL).

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1900 WLJ FOUNDED 1920 1937 1957 CANNABIS PROHIBITED

WOMEN’S RIGHT TO VOTE

FIRST 2016 WOMAN PARTNER

1981

WLJ FEMALE PARTNER FOUNDS HEARTLAND GROWTH TO SERVE INDUSTRY

WLJ TECH LAW LAUNCHES

WLJ PUBLICLY SUPPORTS INTEGRATION OF CENTRAL HIGH SCHOOL

FIRST AFRICAN AMERICAN

2018 1984 2018 2019 2020 2019

FIRST

PARTNER

WOMAN C.O.O.

WOMAN-RUN INITIATIVE FOUNDED

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ESTABLISHES PARTNERSHIP WITH SOCIAL JUSTICE INSTITUTE

Y A W A T E AG

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freedom It’s what financial advisors strive for.

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Dr. Justin White

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The secondary sneaker market now revolves around what are known as “hype shoes.�

These sneakers are generally collaborations between the major brands and celebrities that receive limited releases.

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WE'RE GROWING TO MEET THE GROWING NEEDS OF ARKANSAS MEMBERS. Zac is a home-grown example of dedication to powering homes, farms and businesses in Arkansas. He’s working his way up as a big part of supporting the 17 strong distribution partners committed to providing a dependable, powerful future.

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