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Articles 1 - 30 of 54
Full-Text Articles in Law
When Should Ediscovery Vendors Be Disqualified?, Michael A. Cottone
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?
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
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 …
Case Commentaries
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Front Matter And Faculty Notes
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
Proposed Subordination Provisions For Master Trust Indenture, Taylor K. Wirth
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
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.
A More Realistic Approach To Directors' Duties, Michelle M. Harner
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
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
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.
A Cultural Revolution: The Demise Of Corporate Culture Through The Whistleblower Bounty Provisions Of The Dodd-Frank Act, Rachel S. Taylor
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.
Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Ted Becker
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.
Legal Form, Style, And Etiquette For Email, George W. Kuney
Legal Form, Style, And Etiquette For Email, George W. Kuney
Transactions: The Tennessee Journal of Business Law
No abstract provided.
The First Year: Integrating Transactional Skills, Lynnise E. Pantin
The First Year: Integrating Transactional Skills, Lynnise E. Pantin
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
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
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
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
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
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
Transactions: The Tennessee Journal of Business Law
No abstract provided.
The First Year: Integrating Transactional Skills, Sue Payne
The First Year: Integrating Transactional Skills, Sue Payne
Transactions: The Tennessee Journal of Business Law
No abstract provided.
How To Sufficiently Consider Efficiency, Competition, And Capital Formation In The Wake Of Business Roundtable, Ian D. Ghrist
How To Sufficiently Consider Efficiency, Competition, And Capital Formation In The Wake Of Business Roundtable, Ian D. Ghrist
Transactions: The Tennessee Journal of Business Law
Even before the Dodd-Frank Act (“Dodd-Frank” or “Act”), rules promulgated by the Securities and Exchange Commission (“SEC”) occasionally struggled to cross the threshold of the D.C. Circuit’s arbitrary and capricious review standard. This standard is bolstered by the requirement found in various acts of Congress that, before the appropriate agency promulgates a rule, it must consider whether the rule promotes efficiency, competition, and capital formation. Striking examples of rulemaking failures include the fixed-indexed annuity rule, the independent director rules, and most recently, the proxy access rule. While Dodd-Frank did not create the difficulties inherent in defining and exceeding the standard, …
Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee
Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Tips For The Pracitioner Seeking To Return To The Academy, Kevin P. Conboy
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 …
Here Comes Celotex...And Mcdonnell Douglas: The New Tennessee Summary Judgment Standard And Removal Considerations For Organizational Clients, Michael A. Cottone
Here Comes Celotex...And Mcdonnell Douglas: The New Tennessee Summary Judgment Standard And Removal Considerations For Organizational Clients, Michael A. Cottone
Transactions: The Tennessee Journal of Business Law
While an overarching policy of the American judicial system is to adjudicate disputes on their merits, the system may work most efficiently when most disputes are settled between the opposing parties on terms of their own choosing. In modern dispute resolution, lawsuits are rarely taken to the fact finder, and most organizational clients are generally unwilling to accept the risk and uncertainty of a jury trial, preferring instead to work towards a reasonable settlement of disputes. Consequently, the availability of dispositive motions—such as motions for summary judgment—plays a large role in determining the settlement value of claims by potentially reducing …
Preparing The Transactional Lawyer: From Doctrine To Practice, Carol Newman, George Kuney, M. Jan Connell, Dennis R. Honabach
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
Contract Drafting: Teaching Critical Lawyering Skills, Charles Fox
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Transactional Drafting: Teaching Tips, Judith A. Rosenbaum
Transactional Drafting: Teaching Tips, Judith A. Rosenbaum
Transactions: The Tennessee Journal of Business Law
No abstract provided.
International Students: How To Teach Transactional Skills, Douglas Levene
International Students: How To Teach Transactional Skills, Douglas Levene
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Green Appeal: Leed Certification Appeal Process And Suggestions For Improvement, John R. Labar
Green Appeal: Leed Certification Appeal Process And Suggestions For Improvement, John R. Labar
Transactions: The Tennessee Journal of Business Law
In today’s real estate and construction environment, “Green is Good”.1 By “Green”, I am of course referring to referring to the construction of buildings utilizing renewable resources and energy efficient design.2 Currently, the Leadership in Energy and Environmental Design (“LEED”®) rating system developed in 2000 by the U.S. Green Building Council (“USGBC”) is one of the most popular and utilized green building standards.3 As LEED ratings have more market value and increasing financial significance, the procedures for obtaining certainty of USGBC/Green Building Certification Institute (“GBCI”) interpretations, and for appealing GBCI decisions, become extremely important. This article discusses questions raised by …
Front Matter
Transactions: The Tennessee Journal of Business Law
No abstract provided.