Henry Law Firm

Practice Area

Walmart

Our firm has a proven record of taking on our nation’s largest retailer and winning. Although we are very selective in the cases we bring, once we file the lawsuit we do not stop without a resolution.
We work with many companies and brands who earn their livelihood and take pride in selling to Walmart. We know there are many good people who come to work each day in Bentonville, Arkansas. But we also know that Walmart is not perfect. When they misstep, we will hold them to account.
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Federal Complex Litigation

Some conflicts can be avoided, but a lawsuit may be necessary to bring about change. Our firm works with many types of complex cases. One of the most complicated areas of the law is the enforcement or defense of claims of trademarks, copyrights, patents, and trade secrets. We also represent companies in failed business sales, those denied insurance coverage, and disputes with significant electronic discovery. Our work is primarily devoted to federal court because our area of expertise is rooted in federal law.
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Trademarks

Branding is everywhere. Your brand is a valuable asset that drives customer loyalty and deserves strong protection. Our firm manages every aspect of intellectual property protection to safeguard your brand. We help secure the proper protections, and if your brand is ever infringed, we will take swift action to hold the infringer accountable.
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Copyrights

Protect your creativity and control its use. Your brand is a valuable asset that drives customer loyalty and deserves strong protection. Our firm manages every aspect of intellectual property protection to safeguard your brand. We help secure the proper protections, and if your brand is ever infringed, we will take swift action to hold the infringer accountable.
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Licensing

Intellectual property rights like trademark, copyright, and patent rights are shared through formal license agreements. License agreements protect both the IP owner (the licensor) and the party who wants to use the IP (the licensee) by accurately spelling out the scope of the permission, each party’s respective obligations (including payment), and the process for ending the business relationship after a period of time. There are nuances to each license agreement, but whatever the issue, the written document should explicitly describe the limitations on the license – such as whether it is exclusive or non-exclusive – and care must be taken to avoid conflicting terms among multiple license agreements of the same IP.
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Business Contracts

Trade Secrets
Confidentiality Agreements
Non-Compete Agreements

While it is common for businesses to invest substantial time and expense into making their products or services even more competitive in the marketplace, many of those same businesses fail to recognize the risk in a former employee disclosing the results of your hard work—your secrets—to their next employer.
The same risks must be addressed when your company collaborates with other companies or outsources elements of your business that incorporate your trade secrets.
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Plant Genetics

Our law firm not only defends our clients’ agricultural rights – we are also at the forefront of efforts to educate the public about the importance of existing seed laws. These laws were created by Congress and state legislatures to ensure the uniformity and high quality of seeds for farmers. As part of a seed certification procedure, extensive scientific testing ensures that seed supplied to America’s farmers is of the highest quality. We are proud of our part in the educational initiative known as “Farmers Yield Initiative.”
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PVPA Results

Our firm has an unparalleled proven history of representing a diverse group of intellectual property owners in the unique area of seed genetics. Most resolutions are not confidential, so we can share a listing of some of our results – exceeding $21 Million. The attorneys with Henry Law Firm have worked on more Plant Variety Protection Act (“PVPA”) cases than any law firm nationwide. This unique federal agricultural law protects plant breeders and universities alike. We can help breeders and universities protect their future royalties on grains, wheat, grasses, peas, etc.
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HENRY LAW FIRM

Otto M. Bartsch

With degrees in philosophy and chemistry, Otto excels in complex litigation and intellectual property cases.

In a recent federal case, Otto used forensic digital analysis of crucial documents to reveal their fraudulent nature, immediately resolving all claims in our client’s favor. Otto led a multi-jurisdictional collection effort of a $3.4 million judgment for Oklahoma Genetics, Inc. The case was on claims of intentional violation of the Plant Variety Protection Act, and a federal judge tripled our client’s damages. Years after the judgment was entered, Henry Law Firm forcibly seized substantial assets, and OGI could re-invest proceeds into future seed varieties and genetics.

Before affiliating with Henry Law Firm and practicing law as Otto M. Bartsch, PLLC, Otto earned his Master of Laws in Intellectual Property & Technology Law. At graduation, Otto ranked highest in his LL.M. class. He also won the Client Counseling Competition and competed in the national semi-finals of the AILPA Giles Rich Moot Court Competition in intellectual property law.

Otto works with clients to establish and protect their trademarks, copyrights, and brand identities. He is also experienced in breaking or enforcing non-competition agreements.

COURT ADMISSIONS

Otto is licensed to practice in Arkansas, Missouri, and Texas and has been admitted to practice in several federal courts, including the Eastern and Western Districts of Arkansas, the Eastern and Western Districts of Missouri, and the United States Court of Appeals for the Eighth Circuit.

HENRY LAW FIRM

Mark Henry

Mark is AV-Preeminent™ rated, a distinction earned through years of consistently outstanding legal work and a reputation for integrity. With decades of experience as a registered patent attorney and an LL.M. in agricultural law, he has developed a deep focus on protecting agricultural seed technology. Mark works closely with universities and multinational companies to navigate complex intellectual property matters and ensure long-term protection of innovation. He has handled more than 100 cases under the Plant Variety Protection Act, bringing a wealth of practical insight to the defense of plant breeders' rights. In addition to his legal practice, Mark has contributed to the field as an educator, teaching agricultural biotechnology law in the LL.M. program at the University of Arkansas School of Law.

Mark prosecutes and defends highly complex civil litigation and high-stakes, bet-the-company disputes involving trade secrets, patents, copyrights, and DMCA claims in federal courts across the country. His cases frequently address cutting-edge issues involving computer code, seed genetics, and architectural works. Licensed in six states and admitted to practice before the United States Patent and Trademark Office, he has served as lead counsel for clients in more than twenty-five states, offering broad strategic perspective and experience.

Mark brought one of the first cases under the Frank Broyles Publicity Rights Act, Ark. Code Ann. § 4-75-1101, helping to shape the early application of Arkansas’s right of publicity law. He successfully represented professional rodeo athlete Cody James in a case involving the unauthorized commercial use of James’s name and likeness. A decorated competitor, Cody has qualified for the Arkansas Rodeo Association Championships 22 times, is a seven-time ARA Champion, and has been named both Overall Rookie of the Year and Tie-down Roping Rookie of the Year by the Professional Rodeo Cowboy Association. Mark’s advocacy in Cody James v. Boot Barn, Inc., No. 4:22-cv-646-KGB (E.D. Ark. 2023), helped affirm the importance of protecting the identity and brand of professional athletes under Arkansas law.

He also serves as both trial and appellate counsel, offering a comprehensive approach to complex litigation. In Associated Electric Cooperative, Inc. v. Southwest Power Pool, Inc., Case No. 23-1293, (8th Cir. 2024), Mark secured a significant trial and appellate victory, successfully defending a $37.64 million claim in an energy dispute involving tariffed energy rates. The Eighth Circuit agreed that SPP had fully compensated AECI for the transactions in question and held that equitable recovery theories are not available when an express contract governs the parties’ relationship.

Mark is also known for taking a principled stand against improper litigation conduct. In Lyon v. The Academy, Inc., 2024 Ark. App. 386, he obtained Rule 11 sanctions against opposing Arkansas counsel Matthew Campbell and Elizabeth Lyon. The Arkansas Court of Appeals affirmed the sanctions, finding that their claims were frivolous, had no chance of success, and were brought solely to harass and drive up litigation costs—highlighting Mark’s commitment to professionalism and the integrity of the legal process.

When disputes arise with Walmart, Mark provides trusted counsel to both large and small vendors. Given that Walmart is headquartered in Northwest Arkansas and most of its contracts require disputes to be litigated in Benton County, Mark’s location in Fayetteville—home to the federal court for Northwest Arkansas—positions him ideally to handle these matters efficiently and effectively.

Mark is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Eighth and Federal Circuits, and several federal district courts, including the Eastern and Western Districts of Arkansas, the District of Nebraska, and the Eastern and Western Districts of Oklahoma. He also represents clients before the Trademark Trial and Appeal Board in trademark matters.

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