Bankruptcy Law

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Activist Investors, Distressed Companies, and Value Uncertainty (with Jamie Marincic Griffin and Jennifer Ivey-Crickenberger), 22 American Bankruptcy Institute Law Review 167 (2014)

Hedge funds, private equity firms, and other alternative investment funds are frequently key players in...

 

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Series LLCs: What Happens When One Series Fails? Key Considerations and Issues (with Jennifer Ivey-Crickenberger and Tae Kim), Business Law Today 1 (2013)
 

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The Potential Value of Dynamic Tension in Restructuring Negotiations (with Jamie Marincic), 30 American Bankruptcy Institute Journal (2011)
 

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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...

 

Corporation and Enterprise Law

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Deal Deconstructions, Case Studies, and Case Simulations: Toward Practice Readiness with New Pedagogies in Teaching Business and Transactional Law (with Robert J. Rhee), 3 American University Business Law Review 81 (2014)

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching...

 

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Teaching LLCs Through a Problem-Based Approach (with Robert J. Rhee), 71 Washington & Lee Law Review 489 (2014)

Case studies and case simulations can be used to teach LLCs with an eye toward...

 

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Corporate Culture and ERM, 5 Director Notes 1 (2013)

The attitudes and actions of those viewed as leaders within a company (commonly referred to...

 

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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...

 

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A More Realistic Approach to Directors' Duties, 15 Transactions: Tennessee Journal of Business Law 15 (2013)

Expectations for what fiduciary duties can achieve in the corporate context are unrealistic. This segment...

 

Corporate Governance

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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...

 

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Corporate Culture and ERM, 5 Director Notes 1 (2013)

The attitudes and actions of those viewed as leaders within a company (commonly referred to...

 

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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....

 

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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...

 

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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...

 

Legal Scholarship

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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

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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...

 

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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...

 

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The Value of "Thinking Like a Lawyer", 70 Maryland Law Review 390 (2011)
 

Legal Education

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Deal Deconstructions, Case Studies, and Case Simulations: Toward Practice Readiness with New Pedagogies in Teaching Business and Transactional Law (with Robert J. Rhee), 3 American University Business Law Review 81 (2014)

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching...

 

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Teaching Business Law Through an Entrepreneurial Lens, 8 Journal of Business & Technology Law 171 (2013)