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- July 2024
- Article
Buying the Verdict
By: Lauren Cohen and Umit Gurun
We document evidence that firms systematically increase specialized, locally targeted advertising following the firm being taken to trial in that given location, precisely following initiation of the suit. In particular, we use legal actions brought against publicly... View Details
- 2024
- Working Paper
The Efficiency of Patent Litigation
By: Samuel Antill, Murat Alp Celik, Xu Tian and Toni M. Whited
How efficient is the U.S. patent litigation system? We quantify the extent to which the litigation system shapes innovation using a novel dynamic model, in which heterogeneous firms innovate and face potential patent lawsuits. We show that the impact of a litigation... View Details
- February 2024 (Revised May 2024)
- Case
Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech
By: Joseph L. Badaracco Jr. and Susan Pinckney
In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of... View Details
- January 2024 (Revised June 2024)
- Case
Equal Justice Initiative: Mercy, Truth and Dignity
By: V. Kasturi Rangan, Gerald Chertavian and Brittany Logan
In 1989, the Equal Justice Initiative was established as a non-profit, public interest law firm by Harvard Law School graduate, Bryan Stevenson.
EJI provides legal assistance to condemned prisoners, people wrongly convicted or unfairly sentenced, children in... View Details
EJI provides legal assistance to condemned prisoners, people wrongly convicted or unfairly sentenced, children in... View Details
- May 2023
- Article
Equilibrium Effects of Pay Transparency
By: Zoë B. Cullen and Bobak Pakzad-Hurson
The public discourse around pay transparency has focused on the direct effect: how workers seek
to rectify newly-disclosed pay inequities through renegotiations. The question of how wage-setting
and hiring practices of the firm respond in equilibrium has received... View Details
Keywords: Pay Transparency; Online Labor Market; Privacy; Wage Gap; Corporate Disclosure; Wages; Negotiation
- March 2023
- Article
Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits
By: Elisabeth Kempf and Oliver Spalt
This paper provides novel evidence suggesting that securities class action lawsuits, a central pillar of the U.S. litigation and corporate governance system, can constitute an obstacle to valuable corporate innovation. We first establish that valuable innovation output... View Details
- March 2023
- Article
Not from Concentrate: Collusion in Collaborative Industries
By: Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery
The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete.
In many... View Details
In many... View Details
Keywords: Antitrust; Antitrust Law; Antitrust Theory; Law And Economics; Collusion; Collaboration; Collaborative Industries; Regulation; ＂Repeated Games＂; IPOs; Initial Public Offerings; Underwriters; Real Estate; Real Estate Agents; Realtors; Syndicated Markets; Syndication; Brokers; Market Concentration; Competition; Law; Economics; Collaborative Innovation and Invention; Governing Rules, Regulations, and Reforms; Game Theory; Initial Public Offering
- 2024
- Working Paper
Consumers Hold Autonomous Vehicles Liable Even When Not at Fault
By: Julian De Freitas, Xilin Zhou, Margherita Atzei, Shoshana Boardman and Luigi Di Lillo
The deployment of autonomous vehicles (AVs) and the accompanying societal and economic benefits will greatly depend on how much liability AV firms will have to carry for accidents involving these vehicles, which in turn impacts their insurability and associated... View Details
- 2023
- Working Paper
Too Many Managers: The Strategic Use of Titles to Avoid Overtime Payments
By: Lauren Cohen, Umit Gurun and N. Bugra Ozel
We find widespread evidence of firms appearing to avoid paying overtime wages by exploiting a
federal law that allows them to do so for employees termed as “managers” and paid a salary above a
pre-defined dollar threshold. We show that listings for salaried positions... View Details
- October 17, 2022
- Article
When Climate Collaboration Is Treated as an Antitrust Violation
By: Matteo Gasparini, Knut Haanaes and Peter Tufano
Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,... View Details
- September 2022 (Revised November 2022)
- Case
The Uyghur Forced Labor Prevention Act: Forced Labor and Genocide in U.S.-China Relations
By: Jeremy Friedman and David Lane
On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, requiring companies to prove that goods imported from the People’s Republic of China were not made with forced labor. The bill was a reaction to reports of products being made with... View Details
Keywords: Ethics; Multinational Firms and Management; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Government Legislation; International Relations; Labor; Wages; Law Enforcement; Law; Rights; Operations; Supply Chain Management; Business and Government Relations; Agriculture and Agribusiness Industry; Manufacturing Industry; Mining Industry; China; United States
- September 2022
- Article
Regulatory Spillover and Workplace Racial Inequality
By: Letian Zhang
This paper suggests that affirmative action bans in the U.S. public sector may influence racial inequality in the private sector. Since the 1990s, nine states have banned affirmative action practice in public universities and state governments. Though these bans have... View Details
- May 2022
- Case
TikTok and National Security: Investment in an Age of Data Sovereignty?
By: Jeremy Friedman, Sarah Bauerle Danzman and David Lane
This case covers TikTok’s purchase of Musical.ly and the reaction of the United States government, including the review of the purchase by the Committee on Foreign Investment in the United States (CFIUS) and the reaction of the presidential administration of Donald... View Details
- April 2022
- Case
Marsha Simms: Trailblazer in Corporate Law
By: Robin Ely, Boris Groysberg, Colleen Ammerman and Olivia Hull
Follows the journey of lawyer Marsha Simms from her childhood in racially-segregated St. Louis to the upper echelons of the New York legal community. Describes her education, career choices, accomplishments, and setbacks. Highlights significant moments such as her... View Details
Keywords: Leadership; Career; Career Management; Diversity; Inclusion; Equity; Gender; Race; Corporate Finance; Law; Leadership Development; Personal Development and Career; Relationships; Power and Influence; Social and Collaborative Networks; Status and Position; Social Issues; Legal Services Industry; United States; New York (state, US)
- March 2022 (Revised April 2022)
- Case
In Search of Global Regulation
By: Geoffrey Jones and Mona Rahmani
The history of the international regulation of global capitalism is surveyed, addressing the challenges facing firms confronting international, national, and regional regulation. Follows the history of global regulation after 1914, from the League of Nations;... View Details
- February 2022 (Revised November 2022)
- Case
Fondeadora
By: Álvaro Rodríguez Arregui and Mitchell Weiss
Norman Müller and René Serrano, cofounders of Fondeadora, a Mexican “neobank,” had lined up a $12.5 million in Series A funding round in 2020 only to run into a major obstacle: The lead investor was Gradient Ventures, a venture firm launched by Alphabet, Inc., and... View Details
- Winter 2021
- Article
Can Staggered Boards Improve Value? Causal Evidence from Massachusetts
By: Robert Daines, Shelley Xin Li and Charles C.Y. Wang
We study the effect of staggered boards (SBs) using a quasi-experiment: a 1990 law that imposed an SB on all Massachusetts-incorporated firms. The law led to an increase in Tobin's Q, investment in CAPEX and R&D, patents, higher-quality patented innovations, and... View Details
- 2024
- Working Paper
Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era
By: Laura Alfaro, Cathy Bao, Maggie X. Chen, Junjie Hong and Claudia Steinwender
We investigate how firms and markets adapt to trademark protection, an extensively utilized but under-examined form of IP protection to address asymmetric information, by exploring a historical precedent: China’s 1923 trademark law. Exploiting unique, newly digitized... View Details
- Article
Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers
By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos
Cash-for-information whistleblower programs have gained momentum as a regulatory tool to enforce corporate misconduct. Yet, little is known about how financial incentives affect whistleblowers’ decisions to report potential misconduct to authorities. Similarly, there... View Details
- 2021
- Working Paper
Equilibrium Effects of Pay Transparency
By: Zoë B. Cullen and Bobak Pakzad-Hurson
The public discourse around pay transparency has focused on the direct effect: how workers seek
to rectify newly-disclosed pay inequities through renegotiations. The question of how wage-setting
and hiring practices of the firm respond in equilibrium has received... View Details