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Transactions: The Tennessee Journal of Business Law

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Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell Jan 2014

Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell

Transactions: The Tennessee Journal of Business Law

“DPAs [(Deferred Prosecution Agreements)] have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe,” declared Lanny Breuer, the head of the Criminal Division of the U.S. Department of Justice (DOJ) on September 13, 2012.2 Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) are settlement agreements between a prosecutor and a defendant in which the prosecutor agrees to either defer or forego prosecution in return for the defendant’s cooperation in an ongoing investigation or prosecution, as well as an agreement to comply with the requirements of the settlement. Rather than forcing prosecutors to …


When Should Ediscovery Vendors Be Disqualified?, Michael A. Cottone Jan 2014

When Should Ediscovery Vendors Be Disqualified?, Michael A. Cottone

Transactions: The Tennessee Journal of Business Law

As a general proposition, courts have inherent authority to disqualify parties and their representatives and consultants from participating in litigation. Attorneys, expert witnesses, and litigation consultants may face disqualification motions in the event of a conflict of interest. With the rapid expansion of the eDiscovery industry, however, a new question has arisen: If an eDiscovery vendor has a potential conflict of interest, when should it be disqualified? What standard should apply?


Front Matter And Faculty Notes Dec 2013

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Proposed Subordination Provisions For Master Trust Indenture, Taylor K. Wirth Dec 2013

Proposed Subordination Provisions For Master Trust Indenture, Taylor K. Wirth

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Legal Form, Style, And Etiquette For Email, George W. Kuney Dec 2013

Legal Form, Style, And Etiquette For Email, George W. Kuney

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Case Commentaries Dec 2013

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.


A More Realistic Approach To Directors' Duties, Michelle M. Harner Dec 2013

A More Realistic Approach To Directors' Duties, Michelle M. Harner

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Addressing Shortfalls In Traditional Legal Education: Ut's Concentrations And Capstones And Waller Lansden's Schola2juris Program, George W. Kuney, Joseph Watson Dec 2013

Addressing Shortfalls In Traditional Legal Education: Ut's Concentrations And Capstones And Waller Lansden's Schola2juris Program, George W. Kuney, Joseph Watson

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway Dec 2013

Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Using An Interviewing, Counseling, Negotiating, And Drafting Simulation In The First Year Legal Writing Program, Kirsten A. Dauphinais Dec 2013

Using An Interviewing, Counseling, Negotiating, And Drafting Simulation In The First Year Legal Writing Program, Kirsten A. Dauphinais

Transactions: The Tennessee Journal of Business Law

No abstract provided.


The First Year: Integrating Transactional Skills, Lynnise E. Pantin Dec 2013

The First Year: Integrating Transactional Skills, Lynnise E. Pantin

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Ted Becker Dec 2013

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Ted Becker

Transactions: The Tennessee Journal of Business Law

No abstract provided.


A Cultural Revolution: The Demise Of Corporate Culture Through The Whistleblower Bounty Provisions Of The Dodd-Frank Act, Rachel S. Taylor Dec 2013

A Cultural Revolution: The Demise Of Corporate Culture Through The Whistleblower Bounty Provisions Of The Dodd-Frank Act, Rachel S. Taylor

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan Jun 2013

Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan

Transactions: The Tennessee Journal of Business Law

No abstract provided.


More On Doctrinal Courses: Integrating Transactional Skills, Lenné Espenschied, Bruce G. Luna Jun 2013

More On Doctrinal Courses: Integrating Transactional Skills, Lenné Espenschied, Bruce G. Luna

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Does The Absolute Priority Rule Still Apply To Individual Chapter 11 Debtors Post-Bapcpa?, Anthony Mendenhall Jun 2013

Does The Absolute Priority Rule Still Apply To Individual Chapter 11 Debtors Post-Bapcpa?, Anthony Mendenhall

Transactions: The Tennessee Journal of Business Law

Section 1129(b)(2) of the Bankruptcy Code codifies a principle known as the “absolute priority rule.” The absolute priority rule requires that creditors receive payment in full before holders of equity can receive or retain any property under a plan of reorganization. The absolute priority rule ensures that a plan of reorganization will not be used to allow equity to benefit at the cost of higher-priority unsecured debt. If left unchecked, a small number of insiders, whether representatives of management or major creditors, may use the reorganization process to gain an unfair advantage. Chapter 11 cases with individual debtors magnifies this …


Case Commentaries Jun 2013

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Weathering The Tempest: The Impact Of The Basel Iii Capital Accord On Asset Finance, Angela L. Rosa Jun 2013

Weathering The Tempest: The Impact Of The Basel Iii Capital Accord On Asset Finance, Angela L. Rosa

Transactions: The Tennessee Journal of Business Law

The Second Capital Accord of the Basel Committee on Banking Supervision ("Basel II") was intended to address capital sufficiency amongst institutions lending in risky sectors. Since its introduction, the world economy has gone through categorically unique depressions, hallmarked by the 2008 financial crises. Scrambling to respond to the unique challenges posed by unprecedented failures throughout the international banking community, the Basel Committee's latest charge has been to revamp its prior accords while formulating new methodologies intended to avoid the reoccurrence of the catastrophes of the past four years: regulations that comprise the Third Basel Capital Accord ("Basel III"). These new …


Front Matter Jun 2013

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.


The First Year: Integrating Transactional Skills, Sue Payne Jun 2013

The First Year: Integrating Transactional Skills, Sue Payne

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen Jun 2013

Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen

Transactions: The Tennessee Journal of Business Law

No abstract provided.


International Students: How To Teach Transactional Skills, Douglas Levene Jun 2013

International Students: How To Teach Transactional Skills, Douglas Levene

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Tips For The Pracitioner Seeking To Return To The Academy, Kevin P. Conboy Jun 2013

Tips For The Pracitioner Seeking To Return To The Academy, Kevin P. Conboy

Transactions: The Tennessee Journal of Business Law

Recently, I made the work status change from practicing corporate attorney (thirty years’ worth) to full-time law professor. This article offers a series of tips for practitioners considering such a transition based on my experiences, in the hope that the lessons I learned (some of them painfully) can ease your pain, or dissuade you from such foolishness. While my target audience is the “seasoned” practitioner (older, that is, not to put too fine a point on it), these tips should be useful or of interest to more junior practicing lawyers looking to make a move to teaching. And I hope …


Measuring Student Progress: Assessing And Providing Feedback, Karen J. Sneddon, Susan M. Chesler, Stacy Bowers, Dana M. Warren Jun 2013

Measuring Student Progress: Assessing And Providing Feedback, Karen J. Sneddon, Susan M. Chesler, Stacy Bowers, Dana M. Warren

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Transactional Drafting: Teaching Tips, Judith A. Rosenbaum Jun 2013

Transactional Drafting: Teaching Tips, Judith A. Rosenbaum

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Preparing The Transactional Lawyer: From Doctrine To Practice, Carol Newman, George Kuney, M. Jan Connell, Dennis R. Honabach Jun 2013

Preparing The Transactional Lawyer: From Doctrine To Practice, Carol Newman, George Kuney, M. Jan Connell, Dennis R. Honabach

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Contract Drafting: Teaching Critical Lawyering Skills, Charles Fox Jun 2013

Contract Drafting: Teaching Critical Lawyering Skills, Charles Fox

Transactions: The Tennessee Journal of Business Law

No abstract provided.


A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian K. Krumm, Joan Macleod Heminway, Michael J. Higdon Jun 2013

A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian K. Krumm, Joan Macleod Heminway, Michael J. Higdon

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Simulations: Collaborative Experiential Learning, Jay Finkelstein, Karl Okomoto Jun 2013

Simulations: Collaborative Experiential Learning, Jay Finkelstein, Karl Okomoto

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Opening Remarks, Sue Payne Jun 2013

Opening Remarks, Sue Payne

Transactions: The Tennessee Journal of Business Law

No abstract provided.