Bankruptcy Law
Series LLCs: What Happens When One Series Fails? Key Considerations and Issues (with Jennifer Ivey-Crickenberger and Tae Kim), Business Law Today 1 (2013)
The Potential Value of Dynamic Tension in Restructuring Negotiations (with Jamie Marincic), 30 American Bankruptcy Institute Journal (2011)
Committee Capture? An Empirical Analysis of the Role of Creditors' Committees in Business Reorganizations (with Jamie Marincic), 64 Vanderbilt Law Review 749 (2011)
The number of businesses experiencing financial distress increased significantly during the past several years. The...
Ignoring the Writing on the Wall: the Role of Enterprise Risk Management in the Economic Crisis, 5 Journal of Business and Technology Law 45 (2010)
Enterprise risk management (ERM) targets overall corporate strategy and, when implemented correctly, can manage a...
Trends in Distressed Debt Investing: An Empirical Study of Investors' Objectives, 16 American Bankruptcy Institute Law Review 69 (2008)
Increased creditor control in chapter 11 cases has generated considerable debate over the past several...
Corporation and Enterprise Law
The Potential Cost and Value of ERM, 5 Director Notes 1 March (2013)
The concept of enterprise risk managment (ERM) as a holistic approach to managing a company's...
The Naked Fiduciary (with Jamie Marincic), 54 Arizona Law Review 879 (2012)
Business law is grounded in the common law of fiduciary duty. Courts and policymakers have...
The Potential Value of Dynamic Tension in Restructuring Negotiations (with Jamie Marincic), 30 American Bankruptcy Institute Journal (2011)
Activist Distressed Debtholders: the New Barbarians at the Gate?, 89 Washington University Law Review 155 (2011)
The term “corporate raiders” previously struck fear in the hearts of corporate boards and management...
Mitigating Financial Risk for Small Business Entrepreneurs, 6 Ohio State Entrepreneurial Business Law Journal 469 (2011)
Financial distress by definition threatens a company’s viability. Entrepreneurial and start-up entities are particularly vulnerable...
Corporate Governance
Facilitating Successful Failures (with Jamie Marincic Griffin), 66 Florida Law Review (2014)
Approximately 80,000 businesses fail each year in the United States. This article presents an original...
Behind Closed Doors: The Influence of Creditors in Business Reorganizations (with Jamie Marincic), 34 Seattle University Law Review 1155 (2011)
General corporate law delegates the power to manage a corporation to the board of directors....
The Search for an Unbiased Fiduciary in Corporate Reorganizations, 86 Notre Dame Law Review 469 (2011)
When a company experiences financial distress, a control contest often follows. Management fights to remain...
Barriers to Effective Risk Management, 40 Seton Hall Law Review 1323 (2010)
“As long as the music is playing, you’ve got to get up and dance. We’re...
Corporate Control and the Need for Meaningful Board Accountability, 94 Minnesota Law Review 541 (2010)
Corporations are vulnerable to the greed, self-dealing and conflicts of those in control of the...
Legal Scholarship
Is Legal Scholarship Out of Touch? An Empirical Analysis of the Use of Scholarship in Business Law Cases (with Jason A. Cantone), 19 University of Miami Business Law Review 1 (2011)
Commentators have observed two apparent trends in the use of legal scholarship by the judiciary....
Legal Profession
Teaching Business Law Through an Entrepreneurial Lens, 8 Journal of Business & Technology Law 171 (2013)
Developing Professional Skills: Business Associations, Book Gallery (2012)
Incorporating skills training into a traditional Business Associations course is challenging. This creative and original...
Gender and Securities Law in the Supreme Court (with Lyman Johnson and Jason A. Cantone), 33 Women's Rights Law Reporter (2012)
The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for...