Volume 45, Issue No. 2 (Spring, 2013)

Texas Journal of Business Law, Vol 45, Issue 2

Published in the Spring, 2013

The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act: What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know

Limited Liability Company Law - whether a Manager of a Manager-Managed Limited Liability Company Breached Fiduciary Duties Under Delaware Law to the Limited Liability Company and its Members

Conflict of Laws - Does a State's Whole Law, Including that State's Conflict of Laws Principles, Apply to a Choice of Law Provision in a Contract?

Transcending Disciplines: What Every Transactional Lawyer Should Know About Litigation

This paper addresses certain key concepts that should prove useful to a broad range of transactional attorneys. These topics include: litigation holds, “No Oral Modification” clauses, reliance disclaimers, and arbitration clauses.

Restoring the Balance of Class Certification Power in the Fifth Circuit: The United States Supreme Court's Opinion in Erica P. John Fund, Inc. v. Halliburton, Co.

Bankruptcy Appeals

This paper provides a guide to the rules governing an appeal to the district court and the court of appeals. The most important issue with respect to these relatively straightforward rules is that the deadlines in bankruptcy appeals are much shorter than in ordinary federal court appeals. This paper also addresses two additional issues – the relaxed standard for finality, providing a broader range of orders subject to appeals, and the jurisdictional statute.

The Development of the Texas Non-Compete; A Tortured History