George W. Kuney
W.P. Toms Professor of Law and
Director of the Clayton Center for Entrepreneurial Law
B.A., 1986, University of California, Santa Cruz
J.D., 1989, University of California, Hastings College of the Law
M.B.A., 1997, University of San Diego
gkuney@utk.edu
Selected Publications:
Books & Chapters:
Business Reorganizations (3rd Ed. forthcoming LexisNexis 2010, with Michael Gerber and Edward Janger).
Anatomy of a Bankruptcy: Baystate v. Bowers and its aftermath (forthcoming 2010).
Judgment Enforcement in Tennessee (forthcoming 2010; lead editor).
Sales, Negotiable Instruments, and Payment Systems: UCC Articles 2, 3, 4, and 5 (forthcoming, text and teachers manual, Clayton Center for Entrepreneurial Law 2010, with Robert L. Lloyd).
Mastering Legal Analysis and Drafting (Carolina Academic Press 2009, with Donna C. Looper).
Contracts: Transactions and Litigation (text and teachers manual, 2d Ed. West 2009, with Robert L. Lloyd).
Secured Transactions: UCC Article 9 and Bankruptcy (text and teachers manual, Center for Entrepreneurial Law 2009, with Robert L. Lloyd).
Mastering Intellectual Property Law (Carolina Academic Press 2008, with Donna C. Looper).
Mastering Bankruptcy Law (Carolina Academic Press 2008).
Legal Drafting: Process, Techniques, and Exercises (West 2007, with Thomas R. Haggard).
Legal Drafting in a Nutshell (3rd edition West 2007, with Thomas R. Haggard).
Norton Bankruptcy Practice and Proceedings, Chapters 28 (Meeting of Creditors -- Section 341), 29 (Notice -- Section 342), and 30 (Examination of Debtors -- Sections 343/344)(West 2007).
Chapter 11-101: The Essentials of Chapter 11 Practice (ABI 2007, with Jonathan P. Friedland, Michael L. Bernstein, and Professor John D. Ayer).
The Elements of Contract Drafting with Questions and Clauses for Consideration, 2nd edition (text and teachers manual, West 2007).
California Law of Contracts (University of California CEB Treatise 2007, with Donna C. Looper), updated annually.
Contracts: Transactions and Litigation (text and teachers manual, Thompson/West 2006).
All I Ever Needed to Know about Enron I Learned in Kindergarten (and Graduate School), Enron: Corporate Fiascos & Legal Implications (Foundation Press 2004).
The Elements of Contract Drafting with Questions and Clauses for Consideration (text and teachers manual, West 2003).
Articles:
Contractual Arbitration in California, 24 Cal. Bus. L. Pract. __ (Fall 2009).
Unethical Protection? Model Rule 1.8(h) and Plan Releases of Professional Liability, 83 Am. Banker L.J. 481 (2009). You may view the article in PDF format here.
When a Defendant Goes Under, Trial, Vol. 45, No. 7, p. 46 (AAJ July 2009). You may view the article in PDF format here.
Chapter 10, XXVII, No. 2 Am. Bankr. L.J. 1 (March 2009) (with Michael St. James). You may view the article in PDF format here.
Transactional Skills Training: Contract Drafting -- the Basics, 10 Transactions 73 (Special Report 2009) (with Tina Stark).
Pedagogic Techniques -- Multidisciplinary Courses, Annotated Document Review, Collaborative Work, and Large Groups 10 Transactions 73 (Special Report 2009) (with Athony J. Luppino and Jamison Wilcox).
Material Adverse Change Clauses, 23, No. 4 Cal. Bus. L. Pract. 1 (September 2008).
How Fast is Promptly, 23, No. 2 Cal. Bus. L. Pract. 98 (March 2008).
What Your Lender and Mortgage Broker Didn't Tell You: A Proposal for Increased Disclosure of Purchase Money Borrower Protections and their Loss on Refinance, 4 Hastings Bus. L.J. 209 (Spring 2008).
Slipping into Mootness, 2007 Norton Ann. Surv. of Bankr. Law Part 1, § 3 (West 2007). You may view the article in PDF format here.
To the Best of Whose Knowledge?, 22 Cal. Bus. L. Pract. 2 (2007). You may view the article in PDF format here.
A Taxonomy and Evaluation of Successor Liability, 6 Fla. St. U. Bus. L. Rev. 9 (2007). To view a copy of Taxonomy as originally published, click here. The annually updated state-by-state appendix to Taxonomy may be accessed by clicking here. Last updated September 8, 2009.
Successor Liability in Illinois, 96 Ill. Bar. J. 2 (March 2008). You may view the article in PDF format here.
Successor Liability in Maryland, Volume XXXX Maryland Bar Journal No.4 (2007). You may view the article in PDF format here.
Successor Liability in Louisiana, Volume 55 LA. Bar J. 172 (2007). You may view the article in PDF format here.
Successor Liability in Pennsylvania, 78 Penn. Bar Ass'n Quarterly 160 (2007).
Successor Liability in Vermont, 33 Vermont Bar J. 40 (Spring 2007).
Successor Liability in Tennessee, 43 Tenn. Bar J. 24 (May 2007).
Successor Liability in Michigan, 2008 Michigan Bar J. Vol. 87 No. 3 (March 2007). You may view the article in PDF format here.
Successor Liability in New York, 79 New York Bar J. No. 3 at 22 (September 2007).
Chapter 11 - 201: The Intersection of Chapter 11 and UCC Article 9, XXV Am. Bankr Inst. J. (July 2006). You may view the article in PDF format here.
Best Efforts and Reasonable Efforts Clauses: Couldn't You Try Just a Little Bit Harder, 21 Cal. Bus. L. Pract. 64 (2006). You may view the article in PDF format here.
Jerry Phillips' Product Line Continuity & Successor Corporation Liability: Where Are We Twenty Years Later?, 72 Tenn. L. Rev. 777 (2005). You may view the article in PDF format here.
Where We Are and Where We Think We Are: An Empirical Examination of Bankruptcy Precedent, 28 Cal. Bank. L.J. 71 (2005). You may view the article in PDF format here.
Successor Liability in California, 20 CEB Cal. Bus. L. Pract. 50 (2005)(co-authored with Donna C. Looper). You may view the article in PDF format here.
Hijacking Chapter 11, 21 Emory Bankr. Dev. J. 1 (2005). You may view the article in PDF format here.
Boards Must Reduce Their Exposure to Creditor Suits, San Francisco Daily Journal (May 7, 2004) (co-author).
Let's Make It Official: Adding an Explicit Pre-Plan Sale Process as an Alternative Exit from Chapter 11, 40 Houston L. Rev. 1265 (2004). You may view the article in PDF format here
Bankruptcy Law and Recovery of Tort Damages, 71 Tenn. L. Rev. 81 (2003). You may view the article in PDF format here.
Selling a Business in Bankruptcy Court Without a Plan of Reorganization, 18 CEB Cal. Bus. L. Pract. 57 (Summer 2003). You may view the article in PDF format here.
Further Misinterpretation of Bankruptcy Code § 363(f): Elevating In Rem Interests and Promoting the Use of Property Law to Bankruptcy-Proof Real Estate Developments, 76 Am. Bankr. L.J. 288 (2003) ("Misinterpretations II"). To view the REAs discussed in Misinterpretations II, click here. To view Richard White's detailed analysis of the Alladin REA discussed in Misinterpretations II click here.
Misinterpreting Bankruptcy Code § 363(f) and Undermining the Chapter 11 Process, 76 Am. Bankr. L.J. 235 (2002)("Misinterpretations I"). You may view the article in PDF format here.
The Fiduciary Duties of Officers and Directors of Insolvent Corporations, 17 CEB Cal. Bus. L. Pract. 73 (Summer 2002). You may view the article in PDF format here.
Co-author, Single Asset Real Estate Under 11 U.S.C. § 362(d)(3): A Narrower Contruction Than You Might Expect, 26 Cal. Bankr. J. 130 (2002). You may view the article in PDF format here.
Intellectual Property Licenses in Bankruptcy, 16 CEB Cal. Bus. L. Pract. 33 (Spring 2001). You may view the article in PDF format here.
Qualified Settlement Funds: A Tool to Shelter Gains and Taxable Income with Payments on Account of Disputed Claims, 24 Calif. Bankr. J. 137 (1999).
Co-author, The Allowed Secured Claim: Accounting for Payment of Net Rents, 23 Cal. Bankr. J. 111 (1996).
11 U.S.C. Sections 1125(a) and 1145: Going Public Via Chapter 11, 23 Cal. Bankr. J. 3 (1996).
Financial Reporting By Chapter 11 Debtors: A Limited Critique of SOP 90-7, 5 J. Bankr. L. and Prac. 311 (1996).
New Value Questions Remain, Whatever the Decision in Bonner Mall, 112 Bankr. L. J. 383 (1995).
Claims for Attorney's Fees Under the Bankruptcy Code, 4 J. Bankr. L. and Prac. 203 (1995).
Interest on Nothing?, 9 Comm. L. Bull. 30 (1994).
Selected Professional Presentations and Service
“The Present and Future of ‘One Size Fits All,’ “ panelist, American Bankruptcy Institute Chapter 11 Reform Conference, Georgetown Law Center, November 16-17, 2009.
Amicus Curiae for Petitioner, Ad Hoc Committee of Kenton County Bondholders v. Delta Air Lines, Inc., Case No. 09-104 ___ (U.S.S.C 2009).
Member, Editorial Advisory Board, Norton Journal of Bankruptcy Law and Practice.
AmicusCuriae for Respondent, Travelers Indemnity Company v. Bailey, Case no. 08-295 (U.S.S.C. 2009).
Faculty Advisor and Coordinator, Joint JD/MBA Program
Faculty Advisor to Transactions: The Tennessee Journal of Business Law.
Faculty Advisor to the Sports & Entertainment Law Society.
Venture Financing Transaction Workshop, DLA Piper, Palo Alto, July 22 & 23, 2008.
"Papering the Deal: Writing for Transactional Attorneys," The New Lawyer Experience: Bridging the Gap Between Preparation and Practice, Tennessee Bar Association, Knoxville, Tennessee, February 15, 2008.
Amicus counsel in support of the plaintiff/appellant in Schultz v. United States, 369 B.R. 349 (E.D.TN. 2007) and Shultz v. United States, 529 F.3d 343 (6th Cir 2008) (Challenge to constitutionality of Bankruptcy Code's "means test").
Pro se appellant in Kuney v. Bean, 2008 U.S. App. Lexis 14686 (Fed. Cir 2008)(seeking to dissolve lower court protective order on grounds of over breadth).
Member, Steering Committee, Contract Drafting Conference, Emory University Transactional Practice Center, May 2-3, 2008.
"Transactional Drafting," Jones Day; Cleveland, Ohio, October 19, 2007; Chicago, Illinois, November 2, 2007; Dallas, Texas, November 9, 2007.
"Advanced Contract Drafting," DLA Piper US LLP; Chicago, Illinois, August 13, 2007.
"Drafting Concrete Contracts & Writing Better Briefs," Tennessee Bar Association Young Lawyers Division; Knoxville, Tennessee, July 11, 2007.
"Transactional Drafting," Jones Day; New York, New York, March 14, 2007.
"Transactional Drafting Workshop," Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Nashville, Tennessee, March 1, 2007.
"Recent Developments in State Law Issues Affecting Commercial Transactions that Every Bankruptcy Lawyer Ought to Know," Mid-South Commercial Law Institute, Nashville, Tenn., November 16, 2006.
"Bankruptcy Proofing Techniques: Substantive Consolidation Opinions and Bankruptcy Remote Entities," Mid-South Commercial Law Institute, Nashville, Tenn., Nov. 17, 2006.
"Contract Law and Teaching: Transactions and Litigation," panelist, SEALS, July 21, 2006.
Author, "Contract Drafting Workshop," Written Materials (TBA Four City Presentation, June 7, 2006).
Author and Publisher of "Living Off Campus: A Quick Guide to Town Living for University of Tennessee Students" (1st edition 2005, 2nd Edition 2006).
"The Nuts and Bolts of Contract Drafting," workshop speaker and "Drafting Rules, Adding Value to the Deal, and Ethical Issues in Contract Drafting," speaker, Teaching Contract Drafting Conference, Northwestern University School of Law, July 20-21, 2005.
"Transactional Training Clinic: Simulation of $50,000,000 Asset Acquisition and $40,000,000 Senior Secured Term Loan," lead instructor, Sheppard, Mullen, Richter & Hampton LLP, June 8-22 2005.
"Putting 'Business' Back Into the Education of Business Lawyers," panelist, American Bar Association, Business Law Section Spring Meeting, Nashville, Tenn., March 31, 2005.
"U.S.C. Section 363(f): What Can You Sell Free and Clear Of?," panelist, American Bar Association, Business Law Section Spring meeting, Nashville, Tennessee, March 31, 2005.
"Ethical Considerations in the Formation and Representation of Entities," panelist, Partnerships, LLCs and LLPs: Organization and Operation in Tennessee, October 8, 2005.
"Collaboration," panelist, Pedagogy to Practice: Maximizing Legal Education with Technology Conference, American Bar Association, Newark, NJ, October 15, 2004.
"Teaching Contract Drafting: The Whereases and Wherefores," presenter, Legal Writing Institute, annual conference, Seattle, Wash., July 23, 2004.
"The Intersection of Law and Business," panelist, Southeastern Association of Law Schools Annual Meeting, August 1, 2004.
"Ethical Considerations in the Formation and Representation of Entities," Panelist, Partnerships, LLCs, and LLPs: Organization and Operation in Tennessee, October 9, 2003, Knoxville, Tennessee.
"Bankruptcy and the Tort Lawyer: What You Need to Know," Damages in Tort Law Symposium speaker, University of Tennessee College of Law, April 3, 2003.
"Contract Drafting: Fundamentals, Plain English & Papering the Deal," United States Department of Energy BWXT Y-12, LLC, December 4, 2002.
"Teaching Entrepreneurship," Panelist, Southeastern Conference AALS Annual Meeting, July-August 2002.
"Combining Academic and Practical Training Through an Entrepreneurship Program," Kaufman Center for Entrepreneurial Leadership, April 2002.
"Legal Issues, Problems and Guidelines for Small Businesses: What You Don't Know Can Hurt You!," coordinator and designer of curriculum and visual aids, co-sponsored by the Knoxville Bar Association, Clayton Center for Entrepreneurial Law, the Pellissippi State Small Business Development Center, and the Knoxville Area Chamber Partnership, October 2001 and March 2002.
"Doing Business on the Internet," panelist, sponsored by the Business Law Section of the State Bar of California, June 1998.
"Attorney vs. Client: Working Toward Better Client Relations," panelist, sponsored by the Business Law Section of the State Bar of California, June 1996.
Selected Achievements and Affiliations
Nominee, Chancellor's Excellence in Teaching Award, 2007, 2008.
Carden Award for Outstanding Achievement in Scholarship, 2007.
Harold C. Warner Outstanding Teacher Award, 2005.
Carden Award for Outstanding Service to the Institution, 2004.
W. Allen Separk Faculty Scholarship Award, 2003.
Research Fellow, Center for Corporate Governance, The University of Tennessee.
Member, American Bankruptcy Institute.
Member, American Bar Association.
California Bankruptcy Forum; California Bankruptcy Journal, Editor Emeritus, Editor in Chief (1999-2003), Managing Editor (1997-1998), Contributing Editor (1996).
Admitted to practice in the state courts of California and Tennessee, the Federal District Courts of both those states, and the Federal Courts of Appeal for the Sixth and Ninth Circuits.