Category: Arkansas

  • Price Gardner Named Managing Partner at Friday Eldredge & Clark

    by Arkansas Business Staff  on Monday, Feb. 4, 2019 10:47 am   1 min read

    Price Gardner

    Friday Eldredge & Clark LLP has elected Price Gardner as its managing partner.

    He will succeed J. Shepherd Russell III, who had served as managing partner since 2012. Russell is returning to full-time practice in the firm’s Public Finance Practice Group.

    Gardner joined Friday Eldredge & Clark in 1989. He has served on the firm’s management committee since 2005 and as vice-chairman since 2012.

    Also, Gardner will continue his practice in the areas of corporate matters, mergers and acquisitions, taxation and real estate transactions.

    In addition, William Griffin was elected vice-chairman. Alexandra Ifrah, Ryan Bowman, Jamie Jones, Joseph McKay, Marshall Ney and Robert Smith were elected as new members of the firm’s management committee.

  • ADEQ Seeking Applications, Nominations for Environmental Awards

    by Arkansas Business Staff  on Monday, Feb. 4, 2019 10:30 am   1 min read

    The Arkansas Department of Environmental Quality is seeking the state’s top environmental leaders to apply for this year’s ADEQ Environmental Awards.

    Businesses, nonprofits and government entities that are working to help achieve a healthy environment and prosperous economy in Arkansas are encouraged to apply.

    ADEQ has recognized the state’s environmental leaders in this way for the past 15 years. The awards highlight what Arkansas companies are doing in sustainability, innovative technology and environmental stewardship.

    This year’s program will include three prestigious awards: the Arkansas Environmental Stewardship (ENVY) Award, the Arkansas Environmental Technology (TECHe) Award and the E2 Energy Award.

    The ENVY award is for exceptional environmental projects and programs in Arkansas. It showcases the work of citizens, businesses, industries, farms and government agencies that are protecting and enhancing the environment in extraordinary ways.

    The TECHe Award recognizes the use of new developments in technology or the use of technology to protect resources or improve the environment.

    The E2 Award honors organizations that demonstrate outstanding leadership by implementing forward-thinking initiatives in areas of energy efficiency, advance energy and renewable energy. Additionally, the ADEQuest Science Award is given to a student who has made strides in science and protection of the environment.

    To apply or nominate an organization or person for an award, contact Ometra Okuwoash, ADEQ Program and Outreach Manager, at (501) 682-0977 or okuwoash@adeq.state.ar.us. More information can be found here

  • 'Black Sky' Threat Looms Over Grid, Businesses

    by Kyle Massey  on Monday, Feb. 4, 2019 12:00 am   5 min read

    David Maxwell, former director of the Arkansas Department of Emergency Management, says preparation will be essential to recovering from a major infrastructure crisis like a cyberattack on the electrical grid. (Kerry Prichard)

    David Maxwell, former director of the Arkansas Department of Emergency Management, warns that a crippling cyberattack on power could bring a cascade of system failures across society — from communications to water systems to food and fuel distribution.

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  • News Whets Local Appetite for Minute Man

    The response to the news that the Minute Man Restaurant brand was planning a revival couldn’t have been much warmer. It was everything Perry Smith had hoped for and more.

    “I was floored by it,” Smith says of the reaction to a news release Jan. 16 that he had partnered with Minute Man Restaurant of El Dorado, owned and operated by Linda McGoogan, to revive the chain. Within minutes, news outlets were proclaiming the return of Minute Man, a return that seemed imminent with three locations in Little Rock and Conway.

    “The announcement that we made was really just formalizing the information around the relationship that Linda and I had formed,” Smith said.

    “I’m still amazed by it because the reaction on our Facebook page continues to grow,” he said. “We’ve doubled the amount of likes on the page.”

    Smith, a native of Arkansas, said he can’t yet name any specific investors but “I do have some people who are waiting right now” for more information about the business plan before getting involved.

    The local reaction to the prospect of a revived Minute Man chain had to have cheered Smith, McGoogan, owner of the last Minute Man standing, and any potential investors paying attention. Nostalgia is a powerful force and the love for Minute Man is fierce.

    The first Minute Man restaurant was opened at 407 Broadway in Little Rock on May 26, 1948, as a 24-hour coffee shop by Wesley T. “Wes” Hall and three partners. Hall, born in Little Rock, bought out his partners in 1956 — for context, McDonald’s was founded in 1955 — and converted the coffee shop into a fast-food restaurant.


    Wes Hall

    Hall was a pioneer in the fast-food industry. In 1966, for example, he introduced the Big M, a double full-sized meat patty with a special sauce, a year before McDonald’s first served its Big Mac. And in 1975 Hall patented the Magic Meal, a meal for children that came with a small toy. McDonald’s debuted the Happy Meal in 1979.

    But Hall’s most memorable innovation, at least for Arkansans who remember the Minute Man brand, was probably the Radar Deep Dish Pie. In 1948 his restaurant had received one of three experimental ovens developed by the Raytheon Co., the Radarange, a forerunner of the microwave. The Radar Deep Dish Pie was a sweet byproduct of that experiment.

    At the height of its operation, Minute Man had 57 locations in Arkansas and seven other states. Now, only McGoogan’s, in El Dorado, survives.

    As for Hall, he sold his interest in Minute Man in the early 1980s. He died in 2002.

    (For the information about Minute Man’s past I’m indebted to Kat Robinson and her Tye Dye Travels blog, the Wes Hall papers at the Center for Arkansas History & Culture of the University of Arkansas at Little Rock, and the Encyclopedia of Arkansas History & Culture.)

    Smith, 54, has solid experience as an entrepreneur and restaurateur. He was a co-founder of the restaurant chain Matchbox Food Group, begun in 2001 in the Washington, D.C., area. The first Matchbox restaurant opened in April 2003. He left active involvement in that enterprise in 2012, with the partnership concluding last year, he said.

    And before that, Smith was involved in a chain of clubs called Polly Esthers, begun in New York. He “scaled that up through the course of the ’90s,” selling them in 2001, he said.

    Smith said he began talking to McGoogan about partnering on Minute Man in 2012-13.

    Smith explained the Minute Man investment structure this way: “Instead of us bringing back one restaurant, what we’re really doing is we’re asking people to invest in what we’re calling a ‘basket of restaurants,’” Smith said. “The idea is that they’ll invest in the first three.”

    “Maybe nine months into the first restaurant, we will have started or broken ground on the second restaurant at that point, and then subsequently moving on to the third restaurant,” he said.


    Perry Smith

    “We made our announcement a little prematurely,” Smith said. “But right now we’re entirely focused on lining up our investors and we’re about to sign a contract with an architect and have a builder,” so they’re working on exactly what a new Minute Man would look like.

    As for locations, he said he’d love to open a restaurant in west Little Rock, downtown and then in Conway, where he spent much of his childhood before his family moved to the D.C. area.

    Bottom line on timeline: 14 to 16 months, though he acknowledges that is a somewhat aggressive goal.

    When he put up the Minute Man Memories Facebook page, Smith said, he was trying to gauge public response to the brand. “Let’s see if there’s a real appetite for this,” he said.

    And there was.

    Smith’s initial vision involves reviving the classic Minute Man burgers and fries and the Radar Pies. But “Minute Man was always evolving,” Smith said. “And we have to have more healthful options on the menu,” such as chicken, salads and items like veggie and turkey burgers.

    Smith said he’s been following the Little Rock restaurant scene for some time, beginning in about 2012, when he first began considering a Minute Man endeavor. And he liked what Yellow Rocket Concepts was doing in particular with its multifaceted restaurant concepts — ZaZa, Local Lime, Big Orange, etc. “I’m in great admiration of what they’ve been able to do,” he said. “They’re accessible but at the same time they’re exposing people to a lot of different flavors and a different kind of excitement.”

    Smith said he’d talked to local restaurateurs like Chris Tanner (Cheers in the Heights, Samantha’s Tap Room & Wood Grill) and Brian Deloney (Maddie’s Place). And he’s visited with Christina McGehee of Boulevard Bread Co. about the Radar Pie recipe. “I drafted her and I said, ‘Christina, we’ve got to get this part right.’”

    In addition, Smith said, Wes Hall’s daughters are on an advisory committee for the revived Minute Man.


    My strongest Minute Man memory has nothing to do with food, however. It was 1969, and my childhood best friend, Cindy Fluegel, was visiting me in Arkansas with her family from Illinois. Traveling in the car we passed a Minute Man sign, and Cindy or one of her siblings asked what that was all about, “Minute Man.” Her politically aware mother started in on a long explanation about the militant anti-Communist organization Minutemen. (Remember, it’s 1969.)

    “No, no, no,” said my mother. “It’s a hamburger chain.” And for some, much, much more.

  • Cryptojacking Is Trend to Watch

    by Sarah Campbell-Miller  on Monday, Feb. 4, 2019 12:00 am   3 min read

    Cryptojacking, the unauthorized use of others’ computers to “mine” cryptocurrencies like bitcoin, has surpassed the use of ransomware as the top cybercrime.

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  • Health Industry Sees Biggest Cost Caused by Data Breaches

    by Arkansas Business Staff  on Monday, Feb. 4, 2019 12:00 am   1 min read

    The cost of data breaches worldwide varies by industry.

    Sectors that are highly regulated, such as health care and financial services, have a per capita data breach cost much higher than the average.

    Worldwide, the average cost of a data breach is $3.86 million, and the average cost per lost or stolen record is $148.

    The information comes from “2018 Cost of a Data Breach Study: Global Overview,” a report sponsored by IBM Security, a division of IBM of Armonk, New York, and conducted by the Ponemon Institute LLC of Traverse City, Michigan. The report is based on interviews with more than 2,200 IT, data protection and compliance professionals from 477 companies that have experienced a data breach over the past 12 months.

  • Fraud Allegations Surround Schwyhart’s Secret Holdings

    by George Waldon  on Monday, Feb. 4, 2019 12:00 am   3 min read

    Bill Schwyhart

    Behind the Corporate Veil: Bill Schwyhart’s suspected business ventures

    < >

    A creditor gets a peek behind Bill Schwyhart’s corporate veil but is not allowed to disclose what he’s seen.

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  • Spoofing Scams on the Rise, Costing Arkansas Companies Millions

    It was a $1 million mystery.

    In May 2018, Happy Egg Co. of Rogers wondered why a customer was nearly $1 million in arrears. The customer, Woodland Partners Inc. of Walpole, Massachusetts, wondered what had happened to nine payments totaling $972,500 it sent to the bank account that an employee from Happy Egg had designated in an email in March.

    Both companies ultimately realized that the change-of-account email from the purported employee was a scam.

    That type of fraud, known as business email compromise (BEC) has been on the rise and shows no signs of slowing down.

    In 2017, the number of BEC complaints to the FBI was 15,690, nearly double that of 2015, with losses of $676.1 million, an increase of 157 percent since 2015, according to the FBI Internet Crime Report.

    BEC crimes are increasing because they are successful, said Shun Turner, supervisory special agent for the cyber squad of the FBI’s Little Rock office. “Most of the people that they are targeting are not that tech-savvy or maybe lack a little cyber awareness,” he said.

    In December, the IRS warned tax preparers about email scams that have employees requesting changes to their payroll direct deposit accounts or wire transfer.

    “These emails generally impersonate a company employee, often an executive, and are sent to payroll or human resources personnel,” the IRS said in a news release.

    The email appears to comes from an employee who is asking to change his or her direct-deposit account and provides a new bank account number.

    “This scam is usually discovered pretty quickly, but not before the victim has lost one or two payroll checks,” the news release said.

    Turner said the FBI has been educating businesses about BEC scams and how they might avoid becoming a victim.

    An easy step is calling a known number of the person who sent the email to verify the message. Unfortunately, Turner said, “a lot of times that second method of authentication of who am I actually talking to is just not being done.”

    The email spoofs can be difficult to spot, said Josh Pauli, who teaches cybersecurity at Dakota State University in Madison, South Dakota.

    “The whole point is that they’re not easily noticeable,” Pauli said. “As time has gone by, the social engineering aspect of it has gotten better.”

    In 2018, a favorite target of hackers was the real estate industry, said Jeremy Richards, principal security researcher at the cybersecurity company Lookout of San Francisco.

    “What these phishers are doing is they’re monitoring these real estate deals,” Richards said. “On the day of the close, … they’ll chime in and say that the down payment has to go to this … new routing number.”

    Businesses aren’t alone in being duped. The FBI’s Turner said that a woman who was trying to buy a house last year was prompted by an email to transfer around $35,000 to someone she thought worked for a title company.

    She didn’t find out until a week later that the money went to someone not connected to the title company, Turner said. “That money was lost,” he said.

    Turner said that companies that act quickly have a good chance of getting their money back. First, companies need to contact their banks and then file a report with the FBI’s Internet Crime Complaint Center at IC3.gov.

    And to prevent a loss, businesses can buy a cyber policy and add what’s called social engineering coverage, said Wes Adams, vice president of commercial property and casualty at Stephens Insurance LLC, a division of Stephens Inc. of Little Rock.

    “We’ve been recommending this coverage for years now,” Adams said. “And it’s been a hard sell, but it’s getting easier because more and more people are experiencing issues and claims.”

    Happy Egg, which has the legal name of Noble Foods Inc. and sells organic eggs from free-range hens, contacted the FBI in May after the scam was discovered, according to an affidavit by FBI Special Agent Alan Lee.

    The bank account into which the money had been transferred was frozen with about $550,000 still in it, said Lee, whose statement is attached to a civil lawsuit filed in September by the U.S. attorney for the Western District of Arkansas.

    The FBI seized the money and filed a lawsuit to have it forfeited because it stemmed from proceeds traced to wire fraud.

    Since neither Happy Egg nor Woodland Partners made a claim for the money — a puzzling circumstance — the U.S. attorney’s office received it from a default judgment in December. The proceeds were deposited into the government’s asset forfeiture fund.

    Neither Happy Egg nor Woodland Partners returned calls for comment. The U.S. attorney’s office for the Western District also had no comment.

    Evolving Scams
    Business email compromise scams come in several forms. The first versions surfaced about seven or eight years ago with fakers spoofing the email of the CEO or CFO of a company, said Anton L. Janik Jr., an attorney at the Mitchell Williams Selig Gates & Woodyard law firm in Little Rock. His practice area includes cybersecurity, privacy and data protection.

    The spoofer would break into or imitate an executive’s email account and fire off emails saying he was in a foreign country and his wallet had been stolen. He would ask for a couple of hundred dollars to be wired to him.

    The spoofers learned from that scam that purported orders from the boss via email can have real clout.

    “If the CEO directs someone to do something, they have a pretty good shot that it will get done,” Janik said.

    In the last two to three years, the cyber threats have shifted from malicious email attachments to socially engineered appeals for specific workers to take specific actions, like wiring money to a new account, said Crane Hassold, senior director of threat research at Agari, an email security company in Foster City, California.

    “The success rate for them is very low,” Hassold said.

    Nevertheless, even with a success rate of less than 1 percent, “an attacker can still make tens of thousands of dollars a month from these types of scams.”

    Cracked Egg
    The affidavit by Lee, the FBI agent, in the Happy Egg case provided some insight into how that scam worked.

    On March 9, an employee assigned to Woodland’s accounts payable received an email that appeared to be from Paul Mensing, the Happy Egg senior revenue deduction analyst.

    The email referred to an attachment with the “newly updated company bank account for receiving payments,” Lee wrote, but the email had no attachment.

    Three days later, the Woodland employee received another email purportedly from Mensing that included the attachment letter that changed the bank account number to an account at SunTrust Bank of Atlanta.

    The letter contained several red flags overlooked by the Woodland employee. These included the address on the letter, “50 Francisco Street, Francisco, California.”

    The actual address was 50 Francisco St., Suite 203, and the city is San Francisco, not Francisco — but Happy Egg had closed that office four months before the email was sent.

    On March 14, Woodland updated Happy Egg’s bank account information and payments started flowing into the new account. On May 23, Happy Egg became aware of Woodland’s outstanding invoices during an accounts receivable meeting.

    During its investigation, the FBI learned that Mensing thought the laptop computer he used for work had been hacked, and he reported it to his company’s internet technical support company, Edafio of North Little Rock, on March 26. “Edafio believed that ‘someone got into Mensing’s profile and forwarded Mensing’s emails,’” Lee wrote.

    The FBI also learned that SunTrust Bank’s loss prevention unit had frozen the account into which Happy Egg’s money was going on May 10 “due to an unacceptable risk or loss to SunTrust Bank,” Lee said.

    Pauli, the Dakota State University cybersecurity expert, said any employee who falls for a scam needs to report it as quickly as possible.

    “There should be no shame in falling for it,” he said. “The attacks are very sophisticated. … Those people do put a lot of research time into making them realistic.”


    Tips to Avoid Becoming an Email Spoofing Victim

    To avoid falling for email spoofing scams, employees should learn to recognize spoof emails that sometimes include similar-looking email addresses, says Shun Turner, supervisory special agent for the cyber squad of the FBI’s Little Rock office.

    To get similar addresses, a hacker has to register a domain name and then establish an email server with that name.

    “They can be very tricky on how they craft their domain,” Turner said.

    Creating a similar company name is easier than hacking into someone’s email account.

    Using those similar email addresses could trick a CFO into thinking that an email asking for money to buy equipment is from the CEO, said Anton L. Janik Jr., an attorney at the Mitchell Williams Selig Gates & Woodyard law firm in Little Rock. His practice area includes cybersecurity, privacy and data protection.

    Companies also should limit how much information is on their websites because criminals use the names and email addresses to impersonate a company official or employee in an attempt to get a colleague to wire money, said Wes Adams, vice president of commercial property and casualty at Stephens Insurance LLC, a division of Stephens Inc. of Little Rock.

    Employees need to be wary of any emails that include demands for tasks to be completed as soon as possible.

    “Urgency is the phisher’s best friend,” said Jeremy Richards, principal security researcher at the cybersecurity company Lookout of San Francisco. “They’re trying to circumvent standard operating procedures. … So we like to take a good, hard look at anything that is trying to generate false urgency.”

    Richards suggested that employees who handle company finances regularly go through extra anti-phishing training.

    And once standard operating procedures are established on how to deal with changes to bank routing numbers or payments, he recommends that employees don’t depart from those procedures, even when the sums are relatively small. Phishers often start by requesting smaller amounts, Richards said.

    “They find the largest amount that they can get away with without triggering some kind of internal response,” he said.

  • Rick O'Brien to Lead Marketing Efforts for Sage Partners (Movers & Shakers)

    by Arkansas Business Staff  on Monday, Feb. 4, 2019 12:00 am   1 min read

    Rick O’Brien

    Rick O’Brien has been named market director for central Arkansas for Cushman & Wakefield-Sage Partners of Little Rock, a full-service commercial real estate firm. O’Brien, already an executive broker, will be responsible for directing brokerage, asset management and administrative functions for the central Arkansas office, including new business development.

    “It’s all about relationships,” said Marshall Saviers, president of Sage Partners. “With Sage’s capabilities and Rick’s relationships, we have grown our footprint in Central Arkansas since he joined us in 2018.”

    O’Brien began his career as a lawyer in private practice and has worked as a prosecutor in Pulaski County and in Dallas County, Texas. He worked at Crews & Associates in Little Rock from 1982-2009, ultimately as first vice president and manager of municipal trading and sales. In 2009, O’Brien co-founded Rock Financial Partners, acting as a senior managing director, before serving as president and CEO of its subsidiary, Heartland Bank. He has also been involved in various real estate investments and private equity ventures.


    See more of this week’s Movers & Shakers, and submit your own announcement at ArkansasBusiness.com/Movers.

  • Generations Bank Hires Banister, Promotes Three (Movers & Shakers)

    by Arkansas Business Staff  on Monday, Feb. 4, 2019 12:00 am   1 min read

    Charlotte Banister

    Charlotte Banister is the new director of marketing for Generations Bank in Rogers, and Max Harrell has been promoted to commercial lender.

    Banister previously worked as marketing coordinator, account manager and creative coordinator at B-Unlimited in Fayetteville. She earned her bachelor’s degree in advertising and public relations from the University of Arkansas.

    Harrell previously served as lender at the bank’s branch in Fayetteville.

    Sarah Lynch has been promoted to lender at Generations Bank in Fayetteville. Lynch has been at the bank for a year and a half and previously served as a credit analyst.

    Dalton Smith has been appointed assistant controller at Generations Bank in Hampton (Calhoun County). Smith has been with the bank for a year, previously serving as a lender.



    Todd Boswell

    Todd Boswell has been promoted to wealth management adviser at Northwestern Mutual Wealth Management in Little Rock.

    Boswell previously served as a financial adviser.

    He has worked with Northwestern Mutual for more than 16 years.


    See more of this week’s Movers & Shakers, and submit your own announcement at ArkansasBusiness.com/Movers.