Cite as 2015 Ark. 454 

SUPREME COURT OF ARKANSAS

No. CV-15-944 

INTEGRATED DIRECT 

MARKETING, LLC

PETITIONER

V.

DREW MAY and MERKLE, INC.

RESPONDENTS

Opinion Delivered December 3, 2015

REQUEST TO CERTIFY 

QUESTIONS OF LAW FROM THE 

UNITED STATES DISTRICT 

COURT FOR THE EASTERN 

DISTRICT OF VIRGINIA

CERTIFIED QUESTION 

ACCEPTED.

PER CURIAM

In accordance with section 2(D)(3) of Amendment 80 to the Arkansas Constitution 

and Rule 6-8 of the Rules of the Supreme Court and Court of Appeals of the State of 

Arkansas, the Honorable Leonie M. Brinkema of the United States District Court for the 

Eastern District of Virginia, has filed an order and memorandum opinion, which we treat 

as a motion for certification, with our clerk on November 9, 2015. The certifying court 

requests that we answer a question of Arkansas law that may be determinative of a cause 

now pending in the certifying court, because it appears to the certifying court that there is 

no controlling precedent in the decisions of the Supreme Court of Arkansas. 

 Having reviewed the certifying court’s explanation of the need for this court to 

answer the question of law pending in that court we accept certification of the following 

question: 

Under Arkansas’ tort of conversion, can intangible property such as electronic data, 

standing alone and not deemed a trade secret, be converted? 
Cite as 2015 Ark. 454 

2

This per curiam order constitutes notice of our acceptance of the certification of this 

question of law. For purposes of the pending proceeding in this court, the following 

requirements are imposed. 

A. Time limits will be calculated from the date of this per curiam order accepting 

certification. The plaintiff in the underlying action, Integrated Direct Marketing, 

LLC, is designated as the moving party and will be designated as the “Petitioner,” 

and its brief is due thirty days from the date of this per curiam. The defendants, 

Drew May and Merkle, Inc., shall be denoted as the “Respondents,” and their brief 

shall be due thirty days after the filing of Petitioner’s brief. Petitioner may file a reply 

brief within fifteen days after Respondents’ brief has been filed.

B. The briefs shall comply with this court’s rules as in other cases except for the 

briefs’ content. Only the following items required in Arkansas Supreme Court Rule 

4-2(a) shall be included: 

(3) Point on appeal which shall correspond to the certified questions of law to be 

answered in the federal district court’s certification order.

(4) Table of authorities. 

(6) Statement of the case which shall correspond to the facts relevant to the certified 

question of law as stated in the federal district court’s certification order.

(7) Argument. 

(8) Addendum. 

(9) Cover for briefs. 

C. Oral argument will be permitted only if this court concludes that it will be helpful 

for presentation of the issues. 

D. Arkansas Supreme Court Rule 4-6 with respect to amicus curiae briefs will apply. 

E. This matter will be processed as any case on appeal. 

F. Rule XIV of the Rules Governing Admission to the Bar shall apply to the 

attorneys for the Petitioners and Respondents. 
Cite as 2015 Ark. 454 

3

 Pursuant to Arkansas Supreme Court Rule 6-8(d), we request that the parties include 

in the addendum the following pleadings: the complaint; the answer, if any; the motions 

for summary judgment; and any responses, replies, and briefs in response thereof. The 

parties should also include any pleadings that will be useful to our understanding of the legal 

issues presented. 

 Certified question accepted.