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Case Commentaries Jan 2016

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Front Matter And Faculty Notes Jan 2015

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Registering Trade And Service Marks In Tennessee: A Brief How-To Guide, Brian K. Krumm, Zackarij R. Gardner Jan 2015

Registering Trade And Service Marks In Tennessee: A Brief How-To Guide, Brian K. Krumm, Zackarij R. Gardner

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Eliminating The Phrase Represents And Warrants From Contracts, Kenneth A. Adams Jan 2015

Eliminating The Phrase Represents And Warrants From Contracts, Kenneth A. Adams

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Wink, Wink, Nudge Judge: Persuading U.S. Courts To Take Accountants Seriously In Federal Securities Cases With Help From The U.K. Companies Act, Kurt S. Schulzke Jan 2015

Wink, Wink, Nudge Judge: Persuading U.S. Courts To Take Accountants Seriously In Federal Securities Cases With Help From The U.K. Companies Act, Kurt S. Schulzke

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Catching The Man Behind The Man: Why The Sec And Finra Should Capitalize On Section 20(B) To Pursue Control Persons, Christopher John Ippoliti Jan 2015

Catching The Man Behind The Man: Why The Sec And Finra Should Capitalize On Section 20(B) To Pursue Control Persons, Christopher John Ippoliti

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Teaching Transactional Law – A Case Study From Australia With Reference To The Us Experience, Andrew Godwin Jan 2015

Teaching Transactional Law – A Case Study From Australia With Reference To The Us Experience, Andrew Godwin

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Practice Ready Lawyers Don’T Just Represent Clients: Experiential Education For The Business Of Law, Nicole G. Iannarone Jan 2015

Practice Ready Lawyers Don’T Just Represent Clients: Experiential Education For The Business Of Law, Nicole G. Iannarone

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Effective Client Selection In Transactional Clinics, Manoj Viswanathan Jan 2015

Effective Client Selection In Transactional Clinics, Manoj Viswanathan

Transactions: The Tennessee Journal of Business Law

No abstract provided.


The Commonplace Meets The Marketplace: Accessible Analogies For Transactional Drafting, William E. Foster, Emily Grant Jan 2015

The Commonplace Meets The Marketplace: Accessible Analogies For Transactional Drafting, William E. Foster, Emily Grant

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Case Commentaries Jan 2015

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Diagramming Transactions: Some Modest Proposals And A Few Suggested Rules, Kevin Conboy Jan 2014

Diagramming Transactions: Some Modest Proposals And A Few Suggested Rules, Kevin Conboy

Transactions: The Tennessee Journal of Business Law

Everyone talks about the weather, but no one DOES anything about it. The practice of using diagrams, in legal practice and in the legal Academy, is the reverse: everyone does it, but no one talks about it.

This article reviews the scant literature on diagramming transactions, the current legal practice regarding diagrams, and makes some modest initial suggestions, for the most part consistent with extant practice, for rules on diagramming transactions. The author begins with creating a "title" or heading for the transaction diagram, discusses and prescribes the use of shapes to designate the type of entity party to a ...


Memo To The Partner: Proposed Antidilution Provision For Series A Preferred Stock, Ryan D. Franklin Jan 2014

Memo To The Partner: Proposed Antidilution Provision For Series A Preferred Stock, Ryan D. Franklin

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Memo To The Partner: Stock Transfer Restrictions For Maryland Reit, Michael Crum Jan 2014

Memo To The Partner: Stock Transfer Restrictions For Maryland Reit, Michael Crum

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Case Commentaries Jan 2014

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.


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?


What Cornell Veterinary School Taught Me About Legal Education, Tina L. Stark Jan 2014

What Cornell Veterinary School Taught Me About Legal Education, Tina L. Stark

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Macleod Heminway, Marcia Narine Jan 2014

Representing Entities: The Value Of Teaching Students How To Draft Board Resolutions And Other Similar Documentation, Joan Macleod Heminway, Marcia Narine

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Shelley Dunck, Brian Krumm Jan 2014

Teaching Transactional Skills Using Real Clients From Clinic To Classroom, Shelley Dunck, Brian Krumm

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Ethical Issues For Transactional Attorneys Here And Abroad, Carol Goforth, Carol Morgan, Usha Rodriquez, Carolyn Plump Jan 2014

Ethical Issues For Transactional Attorneys Here And Abroad, Carol Goforth, Carol Morgan, Usha Rodriquez, Carolyn Plump

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Technology In The Classroom: Clickers, Videos, And Other Media, Matthew Lyon, Seletha R. Butler Jan 2014

Technology In The Classroom: Clickers, Videos, And Other Media, Matthew Lyon, Seletha R. Butler

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Skills Is Not A Dirty Word: Identifying And Teaching Transactional Law Competencies, Sue Payne, Barbara Wagner, Ann-Marie Mcgaughey, Bill Bates, Danny Bogart Jan 2014

Skills Is Not A Dirty Word: Identifying And Teaching Transactional Law Competencies, Sue Payne, Barbara Wagner, Ann-Marie Mcgaughey, Bill Bates, Danny Bogart

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Teaching Methods: Collaboration Between Schools And Other Simulations, Jay Finkelstein, David H. Gibbs Jan 2014

Teaching Methods: Collaboration Between Schools And Other Simulations, Jay Finkelstein, David H. Gibbs

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Technology In Law Practice And In The Classroom, Michael Bloom, Richard Sobelsohn Jan 2014

Technology In Law Practice And In The Classroom, Michael Bloom, Richard Sobelsohn

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Entrepreneurial Law Programs And Legal Needs, Richard Benham, Elizabeth Farrell-Clifford, Steve Black, Jason Gordon Jan 2014

Entrepreneurial Law Programs And Legal Needs, Richard Benham, Elizabeth Farrell-Clifford, Steve Black, Jason Gordon

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Front Matter Jan 2014

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.


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 ...


The Emergence Of Group And Prepaid Legal Services: Embracing A New Reality, Jeremy Bryant Tomes Jan 2014

The Emergence Of Group And Prepaid Legal Services: Embracing A New Reality, Jeremy Bryant Tomes

Transactions: The Tennessee Journal of Business Law

This essay analyzes the group and prepaid legal services industry and how regulatory mechanisms must change in order to create a conducive environment that will foster the necessary innovation to allow this industry to continue to thrive. Group and prepaid legal services continue to face regulatory obstacles that hinder necessary innovation in the industry. The tortured history of the group and prepaid legal services industry is well documented and highlights the issues that the current legal landscape still faces. As this essay demonstrates, it is beneficial to analyze the current state of regulations and rules governing group and prepaid legal ...


Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand Jan 2014

Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand

Transactions: The Tennessee Journal of Business Law

In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman ...


Third-Party Litigation Funding And The Dodd-Frank Act, Victoria Shannon Jan 2014

Third-Party Litigation Funding And The Dodd-Frank Act, Victoria Shannon

Transactions: The Tennessee Journal of Business Law

This article questions whether the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) should apply to the growing phenomenon of third-party litigation funding, in which outside entities invest in litigation or arbitration for profit. Currently, the United States, Australia, and the United Kingdom lightly regulate third-party litigation funding, but the majority of the day-to-day oversight comes through voluntary funder self-regulation. Most third-party funders of commercial disputes are private hedge funds that are subject to the securities regulations of the jurisdictions in which they operate. The Dodd-Frank Act is a relatively new statute in the United States that regulates ...