Andrew King

(501) 975-3142
Partner
(501) 975-3001 Fax
Andrew.King@KutakRock.com

Mr. King is a commercial litigation partner whose primary practice areas are defense of class actions, appeals, and representation of lenders in all aspects of litigation and bankruptcy. Mr. King’s advocacy has taken him to every level of the state and federal court systems in pursuit of his client’s interests. He is also a frequent author and speaker on legal ethics, medical marijuana, and a variety of other topics.

Class Action Defense

Mr. King is a member of Kutak Rock’s national consumer protection defense team and has defended numerous consumer class actions brought against lenders, automobile dealers, retailers, debt collectors, and insurance companies. His work has touched on claims involving deceptive trade practices statutes, the Truth in Lending Act (including Regulation Z), privacy laws, and the Fair Debt Collection Practices Act. He has successfully obtained the dismissal of consumer class actions on preliminary motions prior to class certification.

Representative cases and outcomes include:

  • Counsel for victorious defendants in class action for natural gas royalty class action, which resulted in a defense verdict at a federal-court jury trial.
  • Class-wide settlement of consumer class action against automobile insurer alleging unlawful exercise of subrogation rights.
  • Pre-certification dismissal of class actions against credit card lenders alleging unlawful entry of default judgments.
  • Pre-certification settlement of federal Electronic Funds Transfer Act (EFTA) class action against bank alleging failure to provide required notice on ATMs.
  • Pre-certification dismissal of class actions against national used car dealership alleging violations of federal Truth in Lending Act (TILA) and state deceptive trade practices act.
  • Pre-certification dismissal of class action against retailer alleging unlawful collection of statutory penalty against shoplifters.
  • Pre-certification dismissal of class action against retailer alleging overcharges on eyewear products.
  • Ongoing defense of several certified and putative class actions.

Commercial Lending Litigation

Some of Mr. King’s most high-profile work has come in the representation of creditors in high-stakes commercial foreclosures, bankruptcies, and lender liability lawsuits. He has served as lead counsel in trial, bankruptcy, and appellate courts. His experience in this area is comprehensive and includes:

  • Receivership and foreclosure of $35 million dollar commercial office park and related bankruptcies, lender-liability litigation, and appeal.
  • Multi-state receivership and foreclosure of water bottling facilities in Arkansas and Mississippi.
  • Representation of receiver in complex multi-party litigation involving sports memorabilia assets.
  • Foreclosure of athletic club and related lender-liability and lien avoidance action in bankruptcy court.
  • Receivership and foreclosure of apartment complex and related lender-liability litigation and bankruptcy.
  • Replevin of transportation and equipment collateral and related bankruptcy litigation.
  • Priority disputes among real estate mortgage lenders.
  • Discovery of undisclosed assets and related garnishment litigation among multiple adverse claimants.
  • Representation of creditors in fraudulent transfer lawsuits.
  • Prosecution of bankruptcy adversary proceeding for denial of discharge.
  • Defense of bankruptcy preference actions and other adversary proceedings.
  • Construction lien perfection and foreclosure.
  • Debt workouts, restructuring, and related litigation.

Appeals

Mr. King is an experienced advocate in all phases of the appellate process, including requests for extraordinary writs from the Arkansas Supreme Court. His work has resulted in numerous published appellate decisions, several of which are listed below.

Mr. King is a contributing author to The Appellate Practice Compendium published by the American Bar Association Council of Appellate Lawyers. After graduation from law school, he served as a law clerk for the Honorable Bobby E. Shepherd of the United States Court of Appeals for the Eighth Circuit.

Additional Background

In 2010 Arkansas Business magazine named Mr. King as one of “The New Influentials of 2010: 20 in their 20s” in recognition of his work in high-profile business litigation.

He is rated "AV Preeminent" by Martindale-Hubbell® in the areas of Litigation, Commercial Law, and Business Law.

Cases of Interest

  • Germain Real Estate Co., LLC v. HCH Toyota, LLC, 778 F.3d 692 (8th Cir. 2015) (argued and prevailed in appeal brought by commercial tenant seeking to exercise a purchase option without paying off prior mortgage).
  •  J.B. Hunt, LLC v. Thornton, 2014 Ark. 62, 432 S.W.3d 8 (prevailed in appeal from dismissal of lawsuit brought by judgment creditor to gain priority over trust distributions captured by bank and other judgment creditors).
  • Newsom v. Rabo Agrifinance, Inc., 2013 Ark. App. 259, 427 S.W.3d 688 (prevailed in appeal from unsecured creditor’s attempt to gain priority over $1.4 million mortgage lien).
  • Pinnacle Point Properties, LLC v. Metropolitan National Bank, 2012 Ark. App. 268 (argued and prevailed in appeal from $24.1 million foreclosure sale).
  • Cooper Tire & Rubber Co. v. Phillips County Circuit Court, 2011 Ark. 183, 381 S.W.3d 67 (assisted tire manufacturer in protecting trade secrets through an extraordinary writ to the Arkansas Supreme Court).
  • Kuelbs v. Hill, 615 F.3d 1037 (8th Cir. 2010) (argued and prevailed in appeal from dismissal of lawsuit against financial institution and attorneys).
  • Winrock Grass Farm, Inc. v. Affiliated Real Estate Appraisers of Arkansas, Inc., 2010 Ark. App. 279, 373 S.W.3d 907 (prevailed in case affirming dismissal of claims against bank and real estate appraisers).

Publications

  • Author, "A Deceptive Trade-Off: How ADTPA Defendants Got the Old “Bait and Switch” under Act 986 of 2017," ARKANSAS ASSOCIATION OF DEFENSE COUNSEL NEWSLETTER (Jul. 17, 2017).
  • Contributor, American Bar Association Council of Appellate Lawyers, THE APPELLATE PRACTICE COMPENDIUM (2014).
  • Contributor, Arkansas Bar Association Young Lawyers Section, NEW ADMITTEE SURVIVAL GUIDE (2013).
  • Contributor, Media Law Resource Center, MEDIA LIBEL LAW (2009-2013).
  • Contributor, Media Law Resource Center, EMPLOYMENT LIBEL & PRIVACY LAW (2009-2013).
  • Co-Author, "Cybersmears and Cybersteals: Protecting Your Clients Online," THE ARKANSAS LAWYER (Spring 2010).
  • Contributor, American Bar Association, STATE ANTITRUST PRACTICE AND STATUTES (4th ed. 2009).
  • Author, Comment, What the Supreme Court Isn’t Saying About Federalism, the Ninth Amendment, and Medical Marijuana, 59 ARK. L. REV. 755 (2006).

Presentations

  • Panelist, "Ethical Legal Representation: Advising Clients on the Sale and Use of Marijuana," Ethics Continuing Legal Education Webinar sponsored by the American Bar Association (Jul. 26, 2017).
  • Panelist, "Corporate Ethics—Who is REALLY the Client?," Ethics Continuing Legal Education presentation at 1st Annual Windstream In-House CLE Program (Jun. 29, 2017).