Areas of Responsibility
Director of the Clayton Center for Entrepreneurial Law
Director of the L.L.M. in United States Business Law
Areas of Expertise
Bankruptcy, Business Associations, Commercial Law and Leasing, Construction Law, Contracts, Corporate Finance, Entrepreneurial Law, Juries, Legal Drafting, Legal Writing, Litigation, Mergers & Acquisitions, Procedural Law, Real Estate Finance and Development, Secured Transactions
MBA, 1997, University of San Diego
JD, (cum laude), 1989, University of California Hastings College of the Law
BA, 1986, University of California, Santa Cruz
Prior to joining the faculty in 2000, Professor Kuney was a partner in the San Diego office of Allen Matkins Leck Gamble & Mallory LLP where he concentrated his practice on insolvency and reorganization matters nationwide. Before that he received his legal training with the Morrison & Foerster and Howard Rice (now Arnold & Porter) firms in his hometown of San Francisco, California. He holds an AV Peer Rating, Martindale-Hubbell’s highest peer rating for ethical standards and legal ability and is admitted to practice in the state and federal courts of California and Tennessee, the federal courts of Arizona, and the U.S. Supreme Court.
Kuney’s expertise and scholarly interests relate to business transactions and litigation with an emphasis on business organizations, mergers and acquisitions, recapitalizations, and reorganizations. He is the faculty editor and advisor of Transactions: The Tennessee Journal of Business Law and the faculty advisor for the Sports and Entertainment Society. He consults with law firms and clients nationwide in his areas of expertise in a limited number of matters annually, generally related to business law, bankruptcy, contracts, corporate law and structure, legal drafting and writing, commercial law, chapter 11, and insolvency. He has served as an American Arbitration Association arbitrator and conducts transactional training seminars and clinics for law students, lawyers, and law firms across the country.
Kuney lives near the College of Law in the Fort Sanders neighborhood of Knoxville, with his wife, Donna C. Looper, also an attorney and an adjunct professor at the College of Law, with whom he has co-authored several books and articles. His other interests include entrepreneurship, travel, straight-line walking, history, land use and real estate development, and Lady Vols and Vols basketball.
While at the College of Law, Kuney developed and administers the college’s LLM program in United States Business Law for foreign lawyers, which is based upon the Center for Entrepreneurial Law’s Concentration in Business Transactions. He also designed and implemented the College’s three tiered contract drafting program. This program begins in the 1L year with Contracts I and II, and continues into the 2L and 3L years with Contract Drafting, advanced specialty draft courses such as Commercial Leasing, Construction Law, Mergers and Acquisitions, Software Licensing and one of the concentration’s capstone courses, Representing Enterprises.
He has been awarded the W. Allen Separk Faculty Scholarship Award (2003), the Carden Award for Outstanding Service to the Institution (2004 and 2010), the Harold C. Warner Outstanding Teacher Award (2005), the Carden Award for Outstanding Achievement in Scholarship (2007 and 2015), the Chancellor’s Excellence in Graduate Mentoring and Advising award (2017), and the University’s Research Spotlight Award (2019).
• Author, The Elements of Contract Drafting with Questions and Clauses for Consideration 5th ed. (text and teachers manual, West 2020).
• Co-author, Contracts: Transactions and Litigation, 5th Ed. (West 2019, with Robert L. Lloyd).
• Co-author, California Law of Contracts (University of California CEB Treatise 2007-2019, with Donna C. Looper, updated annually).
• Co-author, Entrepreneurial Law (West 2019, with Brian K. Krumm).
• Co-author, Legal Drafting: Processes, Techniques, and Exercises, 3rd. Ed. (2017, with Donna C. Looper)
• Co-author, Legal Drafting in a Nutshell, 4th Ed. (2016, West, with Donna C. Looper).
• Co-author, A Transactional Matter (West 2016, with Brian K. Krumm).
• Co-author, Mastering Advocacy and Appellate Process (Carolina Academic Press 2010, with Donna C. Looper, revised printing 2015).
• Author, The Elements of Contract Drafting with Questions and Clauses for Consideration 4th ed. (text and teachers manual, West 2015).
• Author, Experiencing Remedies (West 2015).
• Co-author, Bankruptcy in Practice, 4th Ed. (ABI 2015, with Michael Bernstein).
• Co-author, A Civil Matter (West 2014, with Donna C. Looper).
• Co-author, Business Reorganizations 3d ed. (Lexis 2014, with Michael Gerber).
• Co-author, The Entrepreneurial Law Clinic Handbook (West 2013, with Brian K. Krumm).
• Author, Judgment Collection in Tennessee (Center For Entrepreneurial Law 2013, with Wendy Patrick).
• Author, Bamboozled? Bowers v. Baystate and Its Aftermath (West 2012).
• Co-author, Contracts: Transactions and Litigation 3d ed. (text and teachers manual, West 2011, with Robert M. Lloyd).
• Co-author, Mastering Legal Analysis and Drafting (Carolina Academic Press 2009, with Donna C. Looper).
• Co-author, Sales, Negotiable Instruments, and Payment Systems: UCC Articles 2, 3, 4, 4A and 5 (text and teachers manual, Center for Entrepreneurial Law 2009, with Robert M. Lloyd).
• Co-author, Secured Transactions: UCC Article 9 and the Bankruptcy Code (text and teacher’s manual, Center for Entrepreneurial Law 2008, with Robert M. Lloyd).
• Co-Author, Mastering Intellectual Property Law (Carolina Academic Press 2008, with Donna C. Looper).
• Author, Mastering Bankruptcy 2d ed. (Carolina Academic Press 2008).
• Co-author, Legal Drafting: Process, Techniques, and Exercises (text and teacher’s manual, West 2007, with Thomas Haggard).
• Co-author, Legal Drafting in a Nutshell, 3d ed. (West 2007, with Thomas Haggard).
• Co-author, Chapter 11-101: The Essentials of Chapter 11 Practice (ABI 2007, with Jonathan Friedland, Michael Bernstein, and John Ayer).
Articles & Other Works
• When Liability Insurance Policy Proceeds are Property of the Estate — Sometimes, Always, Never – and a Proposal for a Consistent Rule, 2019 NORTON ANNUAL SURVEY OF BANKRUPTCY LAW (West 2019, with Donna C. Looper).
• Understanding and Taming the Doctrine of Equitable Mootness, 2018 NORTON ANNUAL SURVEY OF BANKRUPTCY LAW (West 2018).
• Bankruptcy Fundamentals, presentation of written materials, American Bar Association Construction Law Forum (2018)
• Drafting Elegant Contracts, presentation of written materials, Texas Bar CLE Entertainment Law Institute (2017)
• A Taxonomy and Evaluation of Successor Liability (Revisited), 18 Transactions, 741 (2017)
• Should the “Innocent Trustee” in Bankruptcy Succeed to the “Equal Guilt” of the Debtor? Putting the Burden of Imputation in Wrongdoing Third Parties for In Pari Delicto Purposes, 2017 NORTON ANNUAL SURVEY OF BANKRUPTCY LAW (West 2017).
• All Writs in Bankruptcy and District Courts: A Story of Differing Scope, 34 REVIEW OF LITIGATION 255 (2015)
• Fortify Thyself: Know Tennessee’s Real Property, Rules & Tools Before Charging into Boundary Battles, 48 TENN. B.J. 14 (October 2012).
• Stern v. Marshall: A Likely return to the Bankruptcy Act’s Summary/Plenary Distinction in Article III Terms, 21 J. BANKR. L. AND PRACT. 1 (2012).
• Implied-in-Fact Contracts and Idea Submission in California, 33 CAL.BUS. L. RPTR. 4 (July 2011).
• Contractual Mechanics: Covenants, Conditions, Representations, Warranties, Guaranties, and Indemnities, Vol. 25, No. 4 CAL. BUS. PRACT. 124 (Fall 2010).
• Don’t Mistake the Proxy for the Rule: Alter Ego Liability in Tennessee, 11 TRANSACT. 131 (2010).
• Vacating Chrysler, 19 J. BANKR. LAW & PRACT. 123 (West 2010).
• Non-Debtor Releases and Travelers v. Bailey: A Circuit Split that is Likely to Remain, 2010 NORTON ANNUAL SURVEY OF BANKRUPTCY LAW 201 (West 2010).
• Unethical Protection? Model Rule 1.8(h) and Plan Releases of Professional Liability, 83 AM. BANKRUPTCY L.J. 481 (2009).
• Contractual Arbitration in California, 24 CAL.BUS. L. PRACT. No. 3, p. 113 (Fall 2009).
• When a Defendant Goes Under, TRIAL Vol. 45, No. 7, p. 46 (AAJ May 2009).
• A Proposal for Chapter 10: Reorganization for “Too Big to Fail” Companies, XXVIII, No. 2, AMERICAN BANKR. INST.J. 1 (March 2009, with Michael St. James).
• Transactional Skills Training: Contract Drafting — the Basics, 10 TRANSACTIONS 139 (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 Anthony J. Luppino and Jamison Wilcox).
• Material Adverse Change Clauses, 23 CAL. BUS. L. PRACT. 101 (2008).
• How Fast is Promptly?, 23 CAL. BUS. L. PRACT. 98 (2008).
• What Your Lender and Mortgage Broker Didn’t Tell You: A Call for Disclosure of Loss of the Section 580b Antideficency Protection Upon Refinancing, 4 HASTINGS BUS. L. J. 209 (2008). Slipping into Mootness, NORTON ANN. SURV. BANKR. LAW Part 1, § 3 (West 2007).
• To the Best of Whose Knowledge?, 22 CAL. BUS. L. PRACT. 2 (2007).
• A Taxonomy and Evaluation of Successor Liability, 6 FLA. ST. U. BUS. L. REV. 9 (2007).
• Successor Liability in Illinois, 96 ILLINOIS BAR J. 148 (2008).
• Successor Liability in Maryland, Volume XXXX MARYLAND BAR J. 4 (2007).
• Successor Liability Louisiana, 55 LOUISIANA BAR J. 172 (2007).
• Successor Liability in Michigan, 87 MICHIGAN BAR J. 32 (2007).
• Successor Liability in New York, 79 NEW YORK BAR J. 22 (2007).
• Successor Liability in Vermont, 33 VERMONT BAR J. 40 (Spring 2007).
• Successor Liability in Tennessee, 43 TENN. BAR J. 24 (May 2007).
• Chapter 11-201: The Intersection of Chapter 11 and UCC Article 9, XXV AM. BANKR. INST. J. (July 2006).
• Best Efforts and Reasonable Efforts Clauses: Couldn’t You Try Just a Little Bit Harder, 21 CAL. BUS. L. PRACT. 64 (2006).
• Jerry Phillips’ Product Line Continuity & Successor Corporation Liability: Where are We Twenty Years Later?, 72 TENN. L. REV. 777 (2005).
• Where We are and Where We Think We are: An Empirical Examination of Bankruptcy Precedent, 28 CAL. BANK. L.J. 71 (2005).
• Successor Liability in California, 20 CAL. BUS. L. PRACT. 50 (2005)(co-authored with Donna C. Looper).
• Boards Must Reduce Their Exposure to Creditor Suits, SAN FRANCISCO DAILY JOURNAL (May 7, 2004)(co-author).
• Hijacking Chapter 11, 21 EMORY BK. DEV. L.J. 19 (2004).
• 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).
• Bankruptcy Law and Recovery of Tort Damages, 71 TENN. LAW REV. 81 (2003).
• Selling a Business in Bankruptcy Court Without a Plan of Reorganization, 18 CAL. BUS. L. PRACT. 57 (Summer 2003).
• Further Misinterpretation of Bankruptcy Code § 363(f): Elevating In Rem Interests and Promoting the Use of Property Law in Bankruptcy-Proof Real Estate Developments, 76 AM. BANKR. L.J. 288 (2002).
• Misinterpreting Bankruptcy Code § 363(f) and Undermining in the Chapter 11 Process, 76 AM. BANKR. L.J. 235 (2002).
• The Fiduciary Duties of Officers and Directors of Insolvent Corporations, 17 CAL. BUS. L. PRACT. 73 (Summer 2002).
• Co-author, Single Asset Real Estate Under 11 U.S.C. § 362(d)(3): A Narrower Construction Than You Might Expect, 26 CAL. BANK. J. 130 (2002).
• Intellectual Property Licenses in Bankruptcy, 16 CAL. BUS. L. PRACT. 33 (Spring 2001).
• Qualified Settlement Funds: A Tool to Shelter Gains and Taxable Income with Payments on Account of Disputed Claims, 24 CAL. 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. AND PRAC. 311 (1996).
• New Value Questions Remain, Whatever the Decision in Bonner Mall, 112 BANK. 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).