Mr. Atchley is the managing partner for the litigation group in Kutak Rock's Arkansas offices. He has practiced law as a trial attorney in Arkansas for over 32 years. Mr. Atchley focuses his trial practice on construction disputes, product liability litigation, complex business litigation and health care litigation. He has extensive experience representing national banking institutions, design/build firms, contractors and owners in construction disputes, manufacturers and retailers in products liability claims, and health care organizations in all types of litigation. Mr. Atchley has acted as lead or co-lead counsel in over 50 jury trials and as lead counsel in over 250 bench trials in matters in both state and federal courts in Arkansas, Missouri, Oklahoma and Texas.
Mr. Atchley possesses an AV rating from Martindale-Hubbell and is a member of the ABA Forum on the construction industry. He also is a member of the American Board of Trial Advocates (ABOTA).
• Representation of a design/build firm in a major construction dispute involving allegations of breach of contract, professional negligence, fraud and violation of the Arkansas Deceptive Trade Practices Act.
• Representation of a major national retailer in its claim for property loss damages resulting from an electrical explosion due to negligence on the part of an electrical contractor during hurricane Irene.
• Representation of a major regional health care organization amid allegations of intentional interference with existing contract, deceptive trade practices, and violations of Stark and Anti-kickback laws.
• Representation of a design/build firm (plaintiff) in a case involving claims and counterclaims for breach of a project development agreement relating to the construction of a medical office building.
• Representation of a foreign manufacturer of farm equipment defending against product liability claims.
• Representation of an ambulatory surgery center in a civil False Claim Act case involving allegedly false claims for reimbursement.
• Representation of a publicly traded transportation company in defense of allegations of theft of trade secrets, misappropriation of proprietary information and tortious interference with business relationships.
• Representation of a major general contractor in multi-day jury trial regarding breach of contract and non-performance allegations.
• Representation of a publicly traded manufacturing company against an international casualty insurance syndicate in multimillion-dollar litigation involving allegations of breach of contract, fraud and bad faith relating to insurance coverage issues.
• Representation of a general contractor in a multi-day trial amid allegations of breach of contract and tortious interference with a business relationship made by a package post and beam house construction design company.
• Representation of hotel owners in multi-day trial against contractor and surety for faulty construction of parking facility.
January 27, 2012 No Employer Liability in Third-Party Tort Actions Downey v. Western Comty. College Area, 282 Neb. 970 (2012)
July 15, 2010 Firm Elects 17 to Join Partnership in 2010
February 18, 2013 Expanding Use of the False Claims Act Against Financial Services Institutions
November 9, 2012 Fraud and Abuse: Sixth Circuit Reverses District Court on FERA Retroactivity Kutak Rock attorney Paul Gwilt has authored a Fraud and Abuse Practice Group Enforcement Committee alert for the American Health Lawyers Association (AHLA) discussing the ongoing Allison Engine saga and the Sixth Circuit's reversal of the district court on FERA retroactivity. The following article appeared November 9, 2012 in an AHLA newsletter alert.
July 10, 2012 False Claims Act: Are State-Created Corporate Entities a Person Subject to FCA Liability?
The federal False Claims Act (FCA), a Civil War era federal statute intended to penalize the submission of false claims to the United States, has traditionally been employed against participants in the most prominent federal programs, such as health care providers and federal contractors. In recent years, however, federal prosecutors and private whistleblowers utilizing the FCA's powerful damages and penalty provisions (including treble damages, up to $11,000 per claim and attorneys fees) have recently turned their focus to banks, mortgage companies, educational providers and other lenders.
April 5, 2012 Banking on Fraud: The Expanding Use of the False Claims Act To Target Financial Services Institutions
In the aftermath of the recent financial crisis, federal prosecutors and private whistleblowers utilizing the FCA's powerful damages and penalty provisions (including treble damages, up to $11,000 per claim and attorneys fees) have recently turned their focus to banks, mortgage companies and others in the financial industry.
January 27, 2012 No Employer Liability in Third-Party Tort Actions
November 10, 2010 CMS Issues Stark Law Self-Disclosure Protocol
On September 23, 2010, CMS issued its Self-Referral Disclosure Protocol (the SRDP) for the voluntary disclosure of actual or potential violations of the physician self-referral law (the Stark Law).
April 16, 2010 Recent Health Care and False Claims Act Developments
On March 23, 2010 President Obama signed into law the Patient Protection and Affordable Care Act (the PPACA), and a week later the President signed a second law which amended the PPACA, the Health Care and Education Reconciliation Act of 2010 (the Reconciliation Act).
March 19, 2013 Design Professional Liability In Construction Seminar March 19, 2013
October 7, 2011 Health Care / Government Disputes Seminar