Publications

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01 Dec 2016
News

The US Patent System’s Uncertain Fate

court for patent cases. That sounded reasonable on the surface, but it ended up making more stuff patentable with more remedies for patent holders. It has led to a flood of patents. LC: The research that I’ve done has focused on the massive increase in patent View Details

Keywords: April White

12 Jul 2004
Research & Ideas

Michael Porter’s Prescription For the High Cost of Health Care

claims. This practice, known as "re-underwriting," negates the purpose of health insurance and must be eliminated. Fewer Lawsuits. Malpractice litigation and the associated defensive medical practices inflict huge costs on... View Details

Keywords: by Michael E. Porter; Health

January 1984 (Revised January 1988)
Case

Johnson vs. United States

By: Henry B. Reiling

Keywords: Lawsuits and Litigation

Find at Harvard

July 2009 (Revised March 2010)
Teaching Note

Airbus vs. Boeing: Parts (TN) (A) to (F)

By: Ramon Casadesus-Masanell, Erich Alexander Voigt and Jordan Mitchell

Teaching Note for [707447], [707448], [707449]. [707450], [707451], and [707452]. View Details

Keywords: Lawsuits and Litigation

October 2006 (Revised January 2007)
Teaching Note

Meinhard v. Salmon (Abridged) and Mall of America (TN) (A) and (B)

By: Henry B. Reiling and Aldo Sesia

Keywords: Lawsuits and Litigation; Retail Industry

December 2003 (Revised August 2006)
Background Note

Grutter v. Bollinger: A Synopsis

By: Lynn S. Paine

In June 2003, the U.S. Supreme Court announced its decision in Grutter v. Bollinger, upholding the principle of affirmative action in university admissions, which had been challenged as a violation of the U.S. Constitution's Fourteenth Amendment. This case includes... View Details

Keywords: Lawsuits and Litigation

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

Keywords: Lawsuits and Litigation; Advertising; Marketing Strategy

28 Jul 2015
First Look

First Look: July 28, 2015

Gurun, and Scott Kominers Abstract—We develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE View Details

Keywords: Carmen Nobel

July 2012
Case

El Paso's Sale to Kinder Morgan

By: John Coates, Clayton Rose and David Lane

On October 16, 2011, El Paso agreed to sell itself to Kinder Morgan for just over $21 billion. Shareholders filed suit, arguing that the process was tainted by conflict and that a higher price could be obtained. Delaware Chancellor Leo Strine agreed with the plaintiffs... View Details

Keywords: El Paso; Kinder Morgan; Goldman Sachs; Leo Strine; Conflicts Of Interest; Corporate Governance; Relationships; Lawsuits and Litigation; Energy Industry; Banking Industry; United States

September 2002 (Revised June 2003)
Case

Cartier v. Metro

Metro, a German wholesaler, sued Cartier, a French luxury retailer, to require Cartier to honor Cartier's guarantee on its watches that Metro sold, even though Metro is not part of Cartier's selective distribution network. Is such a network incompatible with the... View Details

Keywords: Lawsuits and Litigation; Distribution Channels; Apparel and Accessories Industry; France; Germany; European Union

August 2022
Article

The U.S. Approach to Antitrust Policy in Technology Markets

By: Shane Greenstein

This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,... View Details

Keywords: Antitrust; Lawsuits and Litigation; Information Technology; Competition

Read Now

September 2017
Case

Give Us a 'C'! Killing Knock-offs with Copyright?

By: Lena G. Goldberg

Varsity Brands, the leading manufacturer of cheerleading uniforms in the United States, obtained copyright protection for certain designs of stripes, chevrons, color blocks and lines on cheerleading uniforms. Star Athletica, a newcomer in the field, used those designs... View Details

Keywords: Intellectual Property; Law; Lawsuits and Litigation; Design; Apparel and Accessories Industry; Fashion Industry

22 Dec 2015
First Look

December 22, 2015

Ann Leamon Abstract—In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and... View Details

Keywords: Carmen Nobel

01 Sep 2004
News

Books

productivity. Professor Lerner and his coauthor show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. View Details

Keywords: Colleges, Universities, and Professional Schools; Educational Services

December 2008 (Revised March 2017)
Case

Clutch Group - Should Abhi Shah Grab This Opportunity?

By: Daniel J. Isenberg

Abhi Shah ('06) co-founding CEO of Clutch Group in the US and Bangalore, must decide whether to risk a law suit by recruiting an entire legal services team from a large US corporation. His decision and how he implements it will have a dramatic impact on the legal... View Details

Keywords: Decisions; Lawsuits and Litigation; Business Startups; Legal Services Industry; Bangalore; United States

2002
Other Teaching and Training Material

The States vs. Microsoft

By: Michael A. Wheeler and Gillian Morris

Keywords: Lawsuits and Litigation; Business and Government Relations

19 May 2016
Research Event

Crowdsourcing, Patent Trolls, and Other Research Insights Highlighted at Harvard Business School Symposium

invent a product, a large company can’t just swoop in and steal it and dare the little guy to fight it. NPEs claim they are protecting these little guys. Opponents, however, say they are exploiting imperfections in the legal system. Cohen found a hotspot for patent... View Details

Keywords: by Dina Gerdeman & Carmen Nobel

01 Dec 2005
News

Winning Legally

to litigation. Isn’t litigation best left to the experts? My view is that every legal dispute is a business problem that requires a business solution. I tell my students that if they end up in court, they’ve already lost. Every hour spent... View Details

Keywords: Deborah Blagg

January 1995 (Revised November 1995)
Case

Candela Laser vs. Cynosure, Inc.

By: Josh Lerner and Benjamin Conway

Summarizes the lawsuit by Candela Laser against its former CEO and founder, who has begun a competing firm. The extent of patent and trade secret protection are crucial issues. View Details

Keywords: Information Technology; Patents; Lawsuits and Litigation; Entrepreneurship