Title 4, Business and Commercial Law

(a) (1) (A) All corporations, companies, individuals, associations, or persons associated for the purpose of furnishing news for publication in newspapers and engaged in furnishing news for publication shall furnish the service to all newspapers, persons, companies, or corporatio…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;(2) “Misappropriation” means:(A) A…

(a) This subchapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret. (b) This subchapter does not affect:(1) Contractual or other civil liability or relief that is not based upon misappro…

An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

(a) Actual or threatened misappropriation may be enjoined. (b) Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist; however, the injunction may be continued for an additional reasonable period of time in order to eliminate co…

In an action under this subchapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and orderin…

(a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. (b) A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for ac…

(1) The court may award reasonable attorneys' fees to the prevailing party if:(1) A claim of misappropriation is made in bad faith;(2) A motion to terminate an injunction is made or resisted in bad faith; or(3) Willful and malicious misappropriation exists. (1) A claim of misappr…

This subchapter shall be known and may be cited as the “Unfair Cigarette Sales Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Basic cost of cigarettes” means whichever of the two (2) following amounts is lower, namely, the gross invoice cost of cigarettes to the wholesaler or retailer, as the case may be, or the lowest gross repl…

(a) This subchapter does not apply to a sale at wholesale or a sale at retail made:(1) In an isolated transaction and not in the usual course of business;(2) Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing …

(a) (1) Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to the competing wholesaler as defined by this subchapter.(2) …

Any contract, express or implied, made by any person in violation of any of the provisions of this subchapter is illegal and void and no recovery shall be had thereon.

(a) (1) The Director of Arkansas Tobacco Control may prescribe, adopt, and enforce rules relating to the administration and enforcement of this subchapter.(2) (A) The director may undertake and make or cause to be made one (1) or more cost surveys for the state or a trading area …

(a) A person shall not engage in or conduct the business of purchasing for resale or selling cigarettes without having first obtained the appropriate permit for that purpose. (b) All permits for the purchasing for resale or the sale of cigarettes shall be issued by the Director o…

(a) It shall be unlawful for any wholesaler, retailer, or salesperson with intent to injure competitors or destroy or substantially lessen competition to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to the wholesaler or retailer, as the …

(a) (1) In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any gift or concession of any kind, whether c…

When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his or her selling price to the latter the cost to the wholesaler, as provided by § 4-75-702, but the latter wholesaler, upon resale to a retailer, shall be subject to the…

(a) In determining cost to the wholesaler and cost to the retailer, the court shall receive, and consider as bearing on the bona fides of the cost, evidence tending to show that any person complained against under any of the provisions of this subchapter purchased the cigarettes …

In establishing the basic cost of cigarettes to a wholesaler or a retailer, it shall not be permissible to use the invoice cost or the actual cost of any cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside of the ordinary channels of trade.

(a) The Director of Arkansas Tobacco Control or any person injured by any violation or who would suffer injury from any threatened violation of this subchapter may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin the violation or threatene…

(a) It is not the intention of §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 to guarantee a profit to any person, firm, or corporation engaged in the business of processing or distributing milk, and any such person, firm, or corporation shall be free to meet competitive prices i…

(a) As used in §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809, unless the context otherwise requires, “cost” includes the price the processor or distributor pays the producer for fresh milk, plus the cost of doing business, which shall include labor, including salaries of executi…

Sections 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 shall not apply to federal government institutions, state tax-supported charitable or penal institutions, or church-supported orphanages.

The sale, offer, or advertisement for sale of fresh milk in violation of the provisions of §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 is declared to be for the purpose of destroying competition, and any person, firm, or corporation found to be in violation hereof shall be gui…

(a) It shall be unlawful for any person, firm, or corporation, or combination thereof, engaged in this state in the business of processing or distributing fresh milk, either at retail or wholesale, to sell, offer for sale, or advertise for sale, fresh milk at less than four perce…

The payment or allowance of rebates, refunds, commissions, or discounts, whether in the form of money or otherwise, or the extending to certain purchasers of special services or privileges not extended to all purchasers purchasing upon like terms and conditions, or the offering o…

(a) It shall be unlawful for any vendor of fresh dairy products in this state who advertises or displays any of the products for sale at specified prices to restrict or limit the number or quantity of any such products to be sold to any purchaser desiring to purchase the products…

(a) It shall be unlawful to furnish any free equipment other than to public schools, parochial schools, private schools, colleges, or universities. (b) Any equipment furnished or sold to any person, firm, or corporation by a processor or distributor or his or her or its agent, or…

(a) In addition to any remedy herein or otherwise and elsewhere provided, any person, firm, or corporation, or combination thereof, may be enjoined in a court of competent jurisdiction by any affected person, firm, or corporation from the violation of any of the provisions of §§ …

The purpose of this subchapter is to establish fair and open procedures for the bidding and negotiation of motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distributi…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Bid” means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion…

Any person violating or failing to comply with the provisions of this subchapter shall be guilty of a violation and upon conviction shall be subject to a fine of one hundred dollars ($100) for each day the violation or noncompliance continues.

Any court of competent jurisdiction is authorized, upon petition of a party in interest, to enjoin any violation of or noncompliance with the provisions of this subchapter.

(a) (1) Blind bidding is prohibited within the state.(2) No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture wi…

(1) If bids are solicited from exhibitors for the licensing of a motion picture within this state, then:(1) The invitation to bid shall specify:(A) The number and length of runs for which the bid is being solicited, whether it is a first run, second run, or subsequent run, and th…

This chapter may be cited as the “Copyright Royalty Collection Practices Act”.

(1) In this chapter:(1) “Copyright owner” means the owner of a copyright of a musical work, other than a motion picture or audiovisual work, recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Pub. L. No. 94-554…

(1) No performing rights society shall offer to enter into or enter into a contract for the payment of royalties by a proprietor unless, at the time of the offer or any time thereafter, but no later than seventy-two (72) hours prior to the execution of that contract, it provides …

(1) Every contract between a performing rights society and a proprietor for the payment of royalties executed in this state shall:(1) Be in writing;(2) Be signed by the parties; and(3) Include at least the following information:(A) The proprietor's name and business address and t…

No performing rights society or any agent or employee thereof shall collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter.

(1) No performing rights society or any agent, employee, or representative thereof shall:(1) Engage in any coercive act or practice that is disruptive of a proprietor's business; or(2) Enter onto the premises of a proprietor's business for the purpose of discussing or inquiring a…

Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity.

(a) This chapter shall not apply to contracts between performing rights societies and broadcasters licensed by the Federal Communications Commission or to contracts with cable operators, programmers, or other transmission services. (b) This chapter does not apply to investigation…

The lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller of goods to recover damages for breach of warranty, express or implied, or for negligence, although the plaintiff did not purchase the goods from the d…

When unsolicited merchandise is delivered in this state to the person for whom it is intended, the person shall have a right to refuse to accept delivery of this merchandise, or may deem the merchandise to be a gift and use it or dispose of it in any manner he or she chooses with…