Faculty Profile

Leigh Anenson
Associate Professor

Robert H. Smith School of Business
Logistics, Business and Public Policy
3429 Van Munching Hall
College Park, MD 20742-1815
Phone: 301-405-4105
E-mail: lanenson@rhsmith.umd.edu
Curriculum Vitae

Leigh Anenson

Professor Anenson teaches business law at the Robert H. Smith School of Business, University of Maryland, and is the faculty advisor to the Business Law Society. She was honored with the Smith School Top 15 Percent Teaching Awards for the 2007-2008, 2008-2009, and the 2009-2010 academic years.

Professor Anensons research involves rethinking the role of ancient equity in contemporary court practice in the United States. Her work focuses on developing a better understanding of the doctrines of unclean hands, laches, and estoppel. She is formulating an overarching theory, based upon a critical historical analysis of equity jurisprudence, to confront the confusion in the case law on the role of these defenses in modern business litigation.

Equitable defenses arise in virtually all business-related cases. They apply against judge-made as well as statutory claims under both state and federal law. These defenses span an ever widening array of subject areas, from intellectual property to business organizations to contract. Because their application results in dismissal, the efficacy of equitable defenses has important implications for commercial law.

Professor Anensons current inquiry aims to incorporate business ethics into legal decision-making by analyzing and expanding the use of the equitable theory of unclean hands. Her most recent paper integrates and extends research in the fields of business, ethics, and law by evaluating the use of this equitable doctrine to better align executive pay and performance and remedy excessive compensation. She is also examining a species of unclean hands, the inequitable conduct doctrine, in the field of patent law in light of the recent decision by the Federal Circuit Court of Appeals in Therasense, Inc. v. Becton, Dickinson & Co. to rehear and determine the defense en banc.

Professor Anenson presented her unclean hands research as a Parsons Visitor (sponsored by the Ross Parsons Centre for Commercial, Corporate, and Taxation Law) in the Faculty of Law, University of Sydney, Australia, during the Fall Semester 2009. For the Fall Term 2010, she has an appointment at the University of Cambridge, England, where she is a Visiting Fellow in Equity Law at Wolfson College and a Visitor to the Law Faculty.

The Academy of Legal Studies in Business (ALSB) honored Professor Anenson with its Early Career Achievement Award in 2007. She has more than a dozen articles published in law reviews at top universities. Four articles have also been published in the American Business Law Journal (ABLJ), which is the premier peer-reviewed journal in business law. Her unpublished research has been awarded the Holmes-Cardozo Distinguished Paper at the Annual International Conferences of the ALSB in 2004, 2005, 2007, and 2009. It has also been recognized numerous times as outstanding paper at other conferences. Her published research has earned Hoeber Awards for excellence in research in the ABLJ and for the outstanding article in the Journal of Legal Studies Education. Her articles have been relied on by judges and attorneys in court memoranda and opinions and cited by scholars in academic journals.

Professor Anenson is an editor of the International Business Law Review and the American Business Law Journal. She has served as the President of the International Section of the ALSB as well as its Pacific Southwest Region. She is a member of the American Society of International Law, the American Bar Association (Litigation and International Sections), and is a Fulbright Senior Specialist Candidate in the area of international law.

Before embarking on an academic career, Professor Anenson worked in the private practice of law and business. She has expertise in international logistics, corporate law, and litigation. She has consulted with global corporations as well as domestic and foreign governments. She has also represented multi-national and other major companies in court and other dispute resolution tribunals. Professor Anenson joined the Smith School faculty in 2007.