Bankruptcy Law
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...
Reinstatement v. Cramdown: Do Secured Creditors Win or Lose? (with Heather Lennox and Eric R. Goodman), 16 Norton Journal of Bankruptcy Law and Practice 459 (2007)
Corporation and Enterprise Law
The Naked Fiduciary (with Jamie Marincic), 54 Arizona Law Review (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...
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...
Corporate Governance
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...
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...
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....