Russell C. Atchley: Lawyer with Kutak Rock LLP

Russell C. Atchley

Fayetteville,  AR  U.S.A.
Phone(479) 695-1962

Peer Rating
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Litigation
  • Construction Litigation
  • Health Care Litigation
  • Privacy and Data Security Litigation
  • Professional Negligence
  • Real Estate Litigation
  • Risk Management
  • Business and Class Action Litigation
  • Government Disputes
  • Internal Investigations
  • White-Collar Crime
  • Product Liability, Mass Torts and Personal Injury
  • Personal Injury Defense
University University of Arkansas, B.A., 1979
Law SchoolUniversity of Arkansas School of Law, J.D., 1982 Law Review
Admitted1982, Arkansas; All Arkansas State Courts; U.S. District Court for the Eastern District of Arkansas; U.S. District Court for the Western District of Arkansas; U.S. District Court for the Northern District of Texas

Memberships and Affiliations

American and Arkansas Bar Associations; Washington, Benton and Carroll County Bar Associations; Arkansas Trial Lawyers Association; Arkansas Bar Foundation, Fellow; American Board of Trial Advocates (ABOTA)

BornWichita, Kansas, 1955

Mr. Atchley is the senior trial attorney in Kutak Rock's Fayetteville, Arkansas office. He has practiced law as a trial attorney in Arkansas for over 29 years and has extensive experience representing national banking institutions in mortgage foreclosure issues, corporations in consumer class action cases, design/build firms, contractors and owners in construction disputes, manufacturers and retailers in products liability claims, and defendants in white-collar crime matters. 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. He is known for his responsiveness to his clients' needs, his ability to make a quick and thorough case assessment and his ability to try a case.

Mr. Atchley possesses an AV rating fromMartindale-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), a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the right to trial by jury. Membership to ABOTA is by invitation only and is granted only to those trial lawyers who are of high personal character and honorable reputation.

•Representing a design/build firm in a claim for fees due from the owner under a design/build contract for an ambulatory surgery center. The matter also involves defending against a counterclaim by the defendants alleging breach of contract, professional negligence, fraud and violation of the Arkansas Deceptive Trade Practices Act. This case also involves, among other things, an analysis of the plaintiff's pay application process, an examination of its formulation of a schedule of values, and an examination of actual costs.
•Successful 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. The case was settled favorably to the plaintiff two weeks before the scheduled beginning of a one-week jury trial.
•Successful representation of an ambulatory surgery center in a civil False Claim Act case involving allegedly false claims for reimbursement.
•Successful 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.
•Successful 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.
•Achieved a defendant's verdict in multi-day jury trial on behalf of general contractor amid allegations of breach of contract and tortious interference with a business relationship made by a package post and beam house construction design company.
•Achieved a plaintiff's verdict on behalf of hotel owners in multi-day trial against contractor and surety for faulty construction of parking facility.
•Successful representation of owners of restaurant and food service business in U.S. District Court in the face of charges of violation of United States immigration and naturalization laws.


January 27, 2012No Employer Liability in Third-Party Tort Actions

Downey v. Western Comty. College Area, 282 Neb. 970 (2012)

July 15, 2010Firm Elects 17 to Join Partnership in 2010


February 18, 2013Expanding Use of the False Claims Act Against Financial Services Institutions

Client Alert

November 9, 2012Fraud 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 ongoingAllison Enginesaga 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, 2012False 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. Client Alert

April 5, 2012Banking 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. Client Alert

January 27, 2012No Employer Liability in Third-Party Tort Actions

Client Alert

November 10, 2010CMS 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). Client Alert

April 16, 2010Recent 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). Client Alert


March 19, 2013Design Professional Liability In Construction Seminar March 19, 2013

October 7, 2011Health Care / Government Disputes Seminar


Government Service

Former Deputy State Prosecutor for 19th Judicial District of Arkansas


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Office Information

Russell C. Atchley

214 West Dickson Street
FayettevilleAR 72701-5221


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