Law Commons^™

Front Matter

Transactions: The Tennessee Journal of Business Law

Front Matter for Transactions: The Tennessee Journal of Business Law, Fall 2020.

The Simplicity In Modernizing Financial Disclosure, Tyler Jacobs

Transactions: The Tennessee Journal of Business Law

Financial disclosure protects investors from fraud, provides the information allowing investors to make educated decisions, and facilitates capital formation. In proposing ideas to increase the efficiency and effectiveness of the current financial disclosure regulatory regime, this paper attempts to answer two primary questions: 1) Should a simplified form of financial disclosure be introduced?; and 2) How can financial disclosure, and the related body of regulations, be modernized via current technology? Academic studies focused on investor behavior and mental capacity will provide guidance in answering Question One. To answer Question Two, the paper will propose ideas resulting in increased accessibility and …

Business Faculty Notes

Transactions: The Tennessee Journal of Business Law

Business Faculty Notes, Transactions: The Tennessee Journal of Business Law, Fall 2020.

The Regulation Of Equity Index Futures, Lynn Bai

Transactions: The Tennessee Journal of Business Law

Equity index futures are one of the most actively traded derivative instruments in financial markets around the world. Advancements in trading and clearing technologies transformed the marketplace over the past two decades. Regulation drastically changed to keep pace with the market’s development. New rules have been implemented covering trading activities, risk management, market surveillance, and customer protection. Legal literature on the regulation of this important financial instrument is surprisingly antiquated. Existing papers were written decades ago and do not reflect the true metes and bounds of today’s regulatory landscape. This paper fills the void. It provides a comprehensive discussion of …

Structuring The Deal To Avoid Patent Exhaustion (Post Impression Products V. Lexmark), Sachin Bhatmuley

Transactions: The Tennessee Journal of Business Law

The Supreme Court’s 2017 ruling in Impression Products v. Lexmark clearly came as an unwelcome, though not unexpected, shock to patent owners. In it, the Supreme Court ruled on two issues—the ability of a patentee to enforce post-sale restrictions on a patented product and the exhaustion of the patentee’s rights when the patented product was purchased internationally. On both counts, the Court took a position unfavorable to patent owners. Part I of this paper introduces patent exhaustion and briefly surveys the jurisprudence in the area of IP exhaustion. Part II of this paper provides the analysis of the Lexmark Supreme …

Case Commentaries

Transactions: The Tennessee Journal of Business Law

Case Commentaries include the following:

• Cal Burton, CONTRACTS—INTERPRETING THE PARTIES’INTENT
• Shane Carey, FAMILY LAW—UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
• Issam Bahour, LLCS—VALUATION OF MEMBERSHIP INTEREST IN LIMITED LIABILITY COMPANIES
• Jonathan Russell, ARBITRATION—CHALLENGING A DELEGATION PROVISION
• Jonathan Davis, BANKRUPTCY—CREDITOR’S MOTION FOR RELIEF FROM AN AUTOMATIC STAY
• Robert Fristche, COVENANTS—WHEN A SUCCESSOR CAN MODIFY A RESTRICTIVE COVENANT
• Andrew Gaither, BANKRUPTCY—INTERNATIONAL COMITY
• Samuel Rule, COMMERCIAL LEASES—RIGHT OF FIRST REFUSAL FOR A TRANSFER TO A RELATED PARTY

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Front Matter And Faculty Notes

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

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Effective Client Selection In Transactional Clinics, Manoj Viswanathan

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

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

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

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

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

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

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

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 …

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 …

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

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?

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.