Confronting Crisis: Preparing for the Unexpected
Time: 9:30 AM – 2:00 PM EST
Date: Friday, March 5th, 2021
Location: Live Interactive Webinar, Zoom
This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 3 hours of CLE instruction.
The Ohio State University Business Law Journal will be holding our symposium on Friday, March 5th, 2021. This symposium will be primarily focused on the concept of how businesses can prepare for and react to unexpected events that can occur, mainly focusing on the recent COVID-19 pandemic. Our symposium will be a panel-based event that will have various professors and practitioners guided by a moderator to discuss a broad topic which will then open up to more niche areas and allow for a question-and-answer period.
The three panels are:
Should the government take ownership of failing companies?
Within this panel, we are going to have three individuals discuss whether or not the government should take ownership in failing companies, and what the legal repercussions are of this. This will likely include discussion on the airline industry, bankruptcy very generally, and some potential economic ramifications that could occur from these decisions. We will have participants with both domestic and international takes on these issues.
Contracting for the worst-case scenario
Within this panel, we are going to discuss how businesses have the ability to contract to avoid problems that can arise from the unexpected. We will have discussion from various experts in contracting, insurance as well as AI/machines and their impact on how we can create strong contracting.
Tax law: the impact of government intervention and the effect it will have on businesses
Finally, we are going to have a panel on tax law. Within this panel, we have experts on federal and state and local tax, as well as tax and wealth redistribution policy. In this panel we plan to discuss how economic downturns will impact the tax code, and how the pandemic response will be funded and its impact on businesses going forward.
It is our goal that from these panel discussions, we will provide attendants with new knowledge in each of these areas that will allow them to be more well-rounded practitioners. They will be able to take the knowledge and be able to better represent their clients and be more prepared for when unexpected situations arise.
Methods of Interactivity: This CLE program is being delivered via the Zoom Webinar platform. Real time interactivity is provided by live chat rooms accessible to all attendees and the program presenters and host. Presenters can share all desktop applications and presentation documents in real time and as if the attendees were in the classroom. Zoom allows for real time polling, live question and answers, and the participants can make real time comments via the Zoom chat technology. We will be polling after every 15-minutes to account for active participation. Attendees will be asked to complete an evaluation of the program which we will send out immediately after the event.
9:30 AM – 9:40 AM Welcome & Opening Remarks
9:40 AM – 10:25 AM Panel 1: Should the government take ownership of failing companies?
Professor Martin Gelter, Professor Julia Puaschunder, Professor Horst Eidenmüller, Dr. Robert J. Landry, III
10:25 AM – 10:40 AM Panel 1: Q&A
10:40 AM – 11:00 AM Break
11:00 AM – 11:45 AM Panel 2: Contracting for the Worst Case Scenario
Professor Xuan-Thao Nguyen, Professor Tom Baker, Professor Bryan Wilson
11:45 AM – 12:00 PM Panel 2: Q&A
12:00 PM – 12:45 PM Lunch Break
12:45 PM – 1:30 PM Panel 3: Tax Law – the impact of governmental intervention and the effect it will have on business
Professor Goldburn Maynard, Jr., Professor Stephanie Hoffer, Professor Barton Hubbard
1:30 PM – 1:45 PM Panel 3: Q&A
1:45 PM – 2:00 PM Closing Remarks
Bryan is interested in reimagining the ways technology, design, and visualization can be combined to improve the outputs of legal and contractual systems. Bryan’s work exploring the edges of legal innovation has earned him a position as Legal Engineer at Brighthive and an appointment to MIT Connection Science as a Fellow, where he is serving as the Editor in Chief of the MIT Computational Law Report. Previously listed by Legaltech News as 1 of the 18 Millenials Changing the Face of Legal Tech, Bryan has helped organize CLEs, conferences, and events and been invited to speak at workshops and conferences across North America and Europe, including at the 2020 U.N. World Data Forum. Bryan received his B.A. in American Studies from Oklahoma State University and his J.D. from the University of Missouri – Kansas City School of Law. More information about Bryan is available at his personal website: bryangw.me
Goldburn P. Maynard, Jr.
Assistant Professor, Indiana University Kelley School of Business
Goldburn P. Maynard Jr. joins the Kelley Business Law and Ethics Department as an Assistant Professor of Business Law and Ethics, where he teaches classes in business ethics. He previously served as an Associate Professor of Law (untenured) at the University of Louisville Brandeis School of Law. He is a graduate of the University of Chicago Law School, and also received an LL.M. in Taxation from Northwestern University School of Law. Professor Maynard’s research focuses on issues of wealth distribution and inequality, tax policy, and America’s aging population. He is also interested in how the brain works and how best to approach teaching.
Professor Maynard was previously a Visiting Assistant Professor at Florida State University College of Law and Washington University School of Law. Before entering law teaching, he worked as an estate tax attorney for the Internal Revenue Service. He began his career as a tax associate at Skadden, Arps, Slate, Meagher & Flom.
Professor of Commercial Law, St. Hugh’s College, University of Oxford
Horst Eidenmüller joined the Faculty of Law as a Visiting Professor in 2009 and took up a Chair for Commercial Law and a Professorial Fellowship at St. Hugh’s College, Oxford, in 2015.
Eidenmüller was born in Munich, Germany. He obtained an LLM at Cambridge University (1989) and a PhD from Munich University (1994) after working for McKinsey & Co. in the 1990s. After his Habilitation in 1998, he was a law professor at the University of Münster from 1999 until 2003. From 2003 to 2014, he held the Chair for Private Law, German, European and International Company Law at Munich University. This position was designated as a research professorship under the excellence scheme of the German Research Foundation from 2007 to 2011.
Eidenmüller’s main research areas are contract law, company and bankruptcy law, and alternative dispute resolution. He is known for his economic and empirical analysis of important problems in these fields.
Eidenmüller has held visiting positions at major other universities such as Cambridge (2007), Harvard (2011), NYU (2013 and 2015), Stanford (2014) and Columbia (2018). From 2008 to 2009, he was a Fellow of the Institute for Advanced Study in Berlin. Eidenmüller is a Research Associate of the European Corporate Governance Institute (since 2009) and a Member of the Berlin-Brandenburg Academy of Sciences and Humanities (since 2008). As member of expert committees, he has advised the European Commission and the Federal Republic of Germany on issues of company and insolvency law reform. He has also acted as arbitrator in more than 40 commercial disputes (DIS, ICC, UNCITRAL, Ad Hoc) and as mediator in more than 60 commercial disputes since 1995.
In Oxford he lectures on Corporate Insolvency Law, on Comparative Corporate Law, and on Commercial Dispute Resolution (Commercial Negotiation and Mediation, International Commercial Arbitration).
Professor, The Ohio State University Moritz College of Law
Barton A. Hubbard is actively practicing law in Ohio, primarily in the area of state and local taxation. For over thirty years, Bart served the State of Ohio as an Ohio Assistant Attorney General in the Taxation Section of that office, where he represented the Tax Commissioner of Ohio in hundreds of cases at the United States Supreme Court, U.S. Federal Circuit and District Courts, the Ohio Supreme Court, Ohio intermediate appellate courts and common pleas courts, and the Ohio Board of Tax Appeals. Several of Bart’s briefs have received “Best Brief” awards from the National Association of Attorneys General for advocacy in the Supreme Court of the United States. Throughout his career, Bart has been a frequent presenter on various state taxation-related issues, and has been an adjunct professor of law in the area of State and Local Taxation at the Moritz College of Law since 2013. Before joining the Taxation Section of the Ohio Attorney General’s office, Bart worked as counsel in several prominent Ohio law firms and as an appellate officer in the Pittsburgh regional office of the Internal Revenue Service. During law school, he worked as a law clerk for the state-wide Pennsylvania Court of Appeals and received book awards for the highest grades in Federal Income Taxation and Evidence.
• State of Ohio
• Supreme Court of the United States
• U.S Court of Appeals for the Sixth Circuit
• U.S. District Court, Southern District of Ohio
• U.S. District Court, Northern District of Ohio
• U.S. Tax Court
• The University of Pittsburgh Law School, J.D., 1981
• The Pennsylvania State University, B.S., 1978
William Maul Measley Professor of Law, University of Pennsylvania Carey Law School
Tom Baker is a highly regarded insurance expert, a leading scholar of insurance law and policy, and a devoted law teacher. His research explores insurance law, institutions, and markets using methods from history, economics, psychology and sociology. His many books, articles, and reports address topics such as the impact of insurance on personal injury and securities litigation, health insurance reform, insurance underwriting and claims management, the historical development of insurance institutions, insurance company restructuring, and many aspects of insurance coverage. Recent articles include “Regulating Robo Advice Across the Financial Services Industry,” which outlines a regulatory trajectory to address the automation of financial services advice, and “Uncertainty>Risk: Lessons for Legal Thought From the Insurance Runoff Market,” which argues for understanding insurance markets as centrally about managing uncertainty, not predictable risks. Current research topics include cyber liability and insurance, long term care insurance, secondary insurance markets, and the empirical study of insurance litigation.
Baker is the Reporter for the American Law Institute’s Restatement of the Law Liability Insurance and a co-founder of Picwell, a health data analytics company that provides advanced decision support tools to health insurance exchanges, insurers, and employers. Before joining the Penn Law faculty in 2008, Baker served for eleven years as the inaugural Connecticut Mutual Professor and Director of the Insurance Law Center at the University of Connecticut. After graduating from Harvard Law School, Baker clerked for Judge Juan R. Torruella of the U.S. Court of Appeals for the First Circuit, practiced with the law firm of Covington & Burling, served as Associate Counsel to the Independent Counsel Iran/Contra, and entered law teaching as an associate professor at the University of Miami Law School.
Gerald L. Bepko Endowed Chair in Law, Indiana University McKinney School of Law
Professor Nguyen is an internationally known legal scholar renowned for her expertise in the intersections of Intellectual Property, Contracts, Secured Transactions, Bankruptcy, Licensing and Taxation. She is the Gerald L. Bepko Endowed Chair in Law at the Indiana University McKinney School of Law. She held the Garvey Schubert Barer Visiting Professor of Law, University of Washington School of Law (2018-2019). She recently received the Trustees Teaching Award (2020).
Professor Nguyen is the recipient of the 2016 Grant Gilmore Award from the American College of Commercial Finance Lawyers for her outstanding publications: “In the Name of Patent Stewardship: The Federal Circuit’s Overreach in Commercial Law,” 67 Florida L. Rev. 127 (2015) and “Financing Innovation: Legal Development of Intellectual Property as Security in Financing,1845-2014,” 48 Indiana Law Review 509 (2015).
Regarding the impact of President Trump’s tax policy on innovations, Professor Nguyen and her coauthor published “Attacking Innovations” in the 99 Boston University Law Review 1687 (2019). They also published The Intellectual Property Holding Company: Tax Use and Abuse from Victoria’s Secret to Apple (Cambridge University Press 2017).
Professor Nguyen spearheaded the IP Venture Banking Project with an economist. They investigate the underutilization of intellectual property as an asset class in lending and financing. Their research and proposed solutions appear in “Lending the Unbanked Innovators,” _ Journal of Corporation Law__ (forthcoming 2020); “Lending Innovation,” _ Brooklyn Law Review __ (forthcoming 2020); “Disruptive Lending For Innovations Signaling Model and Banks Selection of Startups”, 21 U. Penn. J. Business Law 200 (2019); “Patent Aversion: An Empirical Study of Patents Collateral in Bank Lending, 1980–2016,” 9 UC Irvine Law Review 141 (2018); “The Puzzle in Financing with Trademark Collateral”, 56 Houston Law Review 365 (2018).
Professor Nguyen has also published over forty law review articles (see the list of the law review articles at the end of this Bio summary). Her articles have been cited by the Federal Circuit, the Third Circuit, the Ninth Circuit, federal district courts and state tax courts: Fair Wind Sailing, Inc. v. Dempster, 764 F.3d 303, 310 (3d Cir. 2014); In re Steelbuilding.com, 415 F.3d 1293 (Fed. Cir. 2005); Interstellar Starship Services, Ltd. v. Epix, Inc., 304 F.3d 936 (9th Cir. 2002); Times Mirror Magazines, Inc. v. Las Vegas Sports News, 212 F.3d 157, 175 (3d Cir. 2000); Lorillard Tobacco Company v. Director of Taxation, 2019 WL 966940 (Tax Court of NJ 2019); BMC Software, Inc. v. Director, Division of Taxation, 30 N.J. Tax 92 (Tax Court of NJ 2017); Git-R-Done Productions, Inc. v. Giterdone C Store, LLC, 226 Supp.3d 684 (S.D. Miss. 2016); Spring Licensing Group, Inc. v. Director, Division of Taxation, 2015 WL 10321400 (Tax Court of NJ 2015); Salt Optics, Inc. v. Jand, Inc., 2011 WL 13055856 (C.D. Cal. Mar. 4, 2011); In re Interstate Bakeries Corp., 2010 WL 2332142, *7 (Bank.W.D.Mo. June 4, 2010); Ligotti v. Garofalo, 562 F.Supp.2d 204 (D.N.H. 2008); Blue Nile, Inc. v. Ice.com, Inc., 478 F.Supp.2d 1240 (W.D.Wash. 2007); EMSL Analytical, Inc. v. Testamerica Analytical Testing Corp., 2006 WL 892718 (D.N.J. April 4, 2006); Pharmacia Corp. v. Alcon Laboratories, Inc., 201 F.Supp.2d 335 (D.N.J. 2002).
In addition to law review publications, Professor Nguyen enjoys collaborating with her coauthors on treatises, Taxation of Intellectual Property (BNA Bloomberg) and Licensing Intellectual Property (BNA Bloomberg). She co-authored a casebook on Transnational Intellectual Property Law (West Publishers), in addition to her three casebooks on Licensing Intellectual Property (Aspen Publishers), Taxation of Intellectual Property (Carolina Academic Press), and Intellectual Property Law (Vietnam National University Press).
Professor Nguyen is a senior consultant for the World Bank/IFC on Secured Transactions in China, Vietnam, and the Mekong Region. In her consultant capacity, she conducts workshops and provides drafting comments to National Drafting Committees on Secured Transactions law and international best practices. She works with the Vietnam Supreme People’s Court in the training of judges on Secured Transactions law. She regularly trains bank officials and attorneys in financing law. She currently serves on the Scientific Council, University of Economics & Law, Vietnam National University, shaping the University’s strategic vision. In 2009, Professor Nguyen was a Senior Fulbright Scholar at VNU School of Law in Hanoi. She subsequently served as a Fulbright Scholars Peer Reviewer for six years.
Professor Nguyen gained valuable insights through her practice years at Fried, Frank, Harris, Shriver & Jacobson and Pryor, Cashman, Sherman & Flynn, in NYC, and counted Duke University Medical Center and physician-scientist Dr. Jonathan Stamler among her clients. She is registered to practice with the USPTO. She is a graduate of Northeastern University School of Law, J.D., and Oberlin College, BA with triple majors in Biology, Sociology, and Women’s Studies.
In her spare time, Professor Nguyen enjoys hosting parties for her students and collecting fine arts. She has served for six years on the Board of Trustees, Dallas Museum of Art.
Professor Nguyen joined the faculty of IU McKinney Law in the summer of 2014, after serving for eleven years at the SMU Dedman School of Law faculty and three years at the Texas A & M University School of Law (Texas Weslyan University School of Law). She received her B.A. from Oberlin College with triple-majors in Biology, Sociology and Women’s Studies, and her J.D. from Northeastern University School of Law.
Lawrence A. Jegen III Chair in Tax Law, Indiana University McKinney School of Law
A national expert in federal income taxation, Professor Stephanie Hoffer is the Lawrence A. Jegen III Chair in Tax Law at the Robert H. McKinney School of Law.
Professor Hoffer comes to IU McKinney from The Ohio State University Moritz College of Law. Her research explores the way in which procedural and substantive aspects of tax law affect the lives of individuals and businesses. She has published extensively and presented her work both at home and abroad, and her research on due process in IRS collections actions has been cited by federal courts. She is coauthor of a treatise on international taxation and has testified before both the IRS and state legislative committees on the role of taxation in the lives of individuals with disabilities. In 2017-18, she was a Fulbright Scholar in Austria, conducting research on comparative taxation.
Before joining the faculty at Moritz College of Law, Professor Hoffer was a visiting assistant professor at the Northwestern University School of Law. She previously served as a law clerk for Judge Alice M. Batchelder of the Sixth Circuit Court of Appeals, and, following graduation from law school, she worked in the tax department of Squire, Sanders & Dempsey L.L.P. She holds an LL.M. in taxation from the New York University School of Law and a J.D. from Case Western University.
Professor of Law, Fordham University School of Law
An expert in comparative corporate law and governance, Professor Martin Gelter joined Fordham Law School in 2009. Previously, he was a Considine Fellow in Law and Economics at Harvard Law School, a Visiting Fellow at the University of Bologna, and an assistant professor in the Department of Civil Law and Business Law at the WU Vienna University of Economics (Vienna, Austria). He also has been a Visiting Professor at the University of Paris-II (2013) and at National Taiwan University (2018). He has been a research member of the European Corporate Governance Institute since 2006. In the past years, he has frequently taught in training programs for judges in corporate law in the Republic of Georgia. Martin holds degrees in law from the University of Vienna (Mag.iur., Dr.iur.), in business administration from WU Vienna University of Economics (Mag.rer.soc.oec., Dr.rer.soc.oec.), an S.J.D. from Harvard Law School, and an M.A. in Quantitative Methods for the Social Sciences from Columbia University. His scholarship has appeared in numerous journals and books both in Europe and in the United States, and he is a co-editor of the book “Global Securities Litigation and Enforcement” (Cambridge University Press, 2019).
Julia M. Puaschunder
Julia Margarete Puaschunder studied Philosophy/Psychology, Business, Public Administration, Social and Economic Sciences, Natural Sciences, Finance, Law and Economics. Trained as a behavioral economist with Doctorates in Social and Economic Sciences as well as Natural Sciences and Masters in Economics, Business, Public Administration and Philosophy/Psychology, she has 20 years of experience in applied social sciences empirical research in the international arena. Julia M. Puaschunder has launched and administered research projects around the world.
Before starting a Prize Fellowship in the Inter-University Consortium of New York at Columbia University, Princeton University and The New School, Julia M. Puaschunder held positions at the University of Vienna and the Vienna University of Economics and Business. For several years she was an Associate of the Harvard University Faculty of Arts and Sciences and serves as Contributor to the Harvard Law School Law and Mind Sciences Initiative Situationist.
Julia Puaschunder published with Harvard University, Columbia University, Cambridge University and Oxford University outlets among other distinct journals and international publishing houses. She has written 9 books in the areas of intergenerational equity, corporate and financial social responsibility, behavioral economics and finance leadership. Her writings are held with Harvard University, Columbia University, Princeton University, Yale University and University of Chicago among other distinct academic institutions in the international arena. Her books have been released and introduced at Harvard University, The New School, Princeton University and George Washington University.
Since 2018 Julia is included in the ‘Marquis Who’s Who in America and in the World’ among the top 3% professionals around the globe. She was awarded the 2018 Albert Nelson Marquis Lifetime Achievement Award.
Dr. Robert J. Landry, III
Professor of Finance
Dr. Landry is a Professor of Finance in the School of Business and Industry at Jacksonville State University where he teaches business law, economics and real estate law courses. He has also served as an Adjunct Professor of Law at The University of Alabama School of Law.
In 1994 Dr. Landry a Juris Doctorate, magna cum laude, from The University of Alabama School of Law and a Ph.D. in Public Administration and Public Policy from Auburn University in 2005. He earned his B.S. in Economics and Political Science from the University of North Alabama and an MPA from Jacksonville State University.
Following law school, he served as law clerk to a U.S. bankruptcy judge and has extensive legal experience in bankruptcy and commercial law. Dr. Landry has published over fifty articles dealing with bankruptcy law, commercial law, ethics and public policy in journals such as the Rutgers Business Law Journal, Michigan State Journal of International Law, Mississippi Law Journal, American Bankruptcy Law Journal, and the Policy Studies Journal. His current research areas include consumer bankruptcy reform and policy, tax regressivity and equity, and small business chapter 11s.
He has received numerous awards for his excellence in research including the following: Distinguish Proceedings Award from the Academy of Legal Studies in Business (2014); Best Paper Award from the Western Academy of Legal Studies in Business (2013); Dean’s Faculty Award for Excellence in Research from Jacksonville State University (2012); Journal of Legal Studies in Business Best Paper Award (2008). In 2008 he earned the Faculty Scholar Lecturer Award for 2007-2008 from Jacksonville State University.
From 2012-2014 Dr. Landry service as the editor-in-chief of the Journal of Legal Studies Education, the legal studies discipline’s premier peer-reviewed pedagogical journal. From 2013 to 2019 he served as a staff editor for the American Business Law Journal (ABLJ). In 2019 Dr. Landry was appointed to the ABLJ editorial board as an Articles Editor.
Dr. Landry is a member of Alabama State Bar, U.S. District Court for the Northern District of Alabama and the U.S. Court of Appeals for the Eleventh Circuit (inactive). He is a member of the Academy of Legal Studies in Business, the International Association of Consumer Law and the American Bankruptcy Institute.