Publications

2021
Other Unpublished Work

Obsolescence of the Obsolescing Bargain: Why Governments Must Get Investor-State Contracts Right

By: Louis T. Wells and Karl P. Sauvant

Gone are the days when governments could easily renegotiate natural resource and other investment contracts if foreign investors, e.g., reaped bonanzas from rising resource prices, surprisingly rich discoveries, or terms that were too favorable. Today, international... View Details

Keywords: Governance; Investment; Contracts; Natural Resources; Negotiation; Global Range

SSRN

June 2014 (Revised January 2017)
Supplement

YAAS's Service Center (B)

By: Brian Hall and Sara del Nido

This case is about a compensation change at an automotive service company in the Middle East. The case allows investigation and analysis of many issues related to compensation design and human resource management, and even change management. The focus of the case is... View Details

Keywords: Compensation; Emotions; Values; Human Resources; Labor; Negotiation; Organizations; Social Psychology; Value Creation; Motivation and Incentives; Auto Industry; Service Industry; Kuwait; Middle East

03 Aug 2010
First Look

First Look: August 3

regulators to industry, and the importance of considering Type I and Type II errors and status quo bias when contemplating whether to evoke the precautionary principle. Purchase this note:http://cb.hbsp.harvard.edu/cb/product/610043-PDF-ENG A 'Rich-vs.-King' Approach... View Details

Keywords: Martha Lagace

January 2022
Supplement

Kornit Digital: The Amazon Warrants (C)

By: Benjamin C. Esty, E. Scott Mayfield and Daniel Fisher

As of 12/31/21, Amazon held $22 billion of equity and warrants in related companies. In fact, it often requests a free grant of warrants when it enters into a new commercial agreement with a supplier. Over the past 20 years, Amazon has gotten warrants almost 20... View Details

Keywords: Valuation; Value Creation; Consumer Behavior; Negotiation; Distribution; Ownership; Partners and Partnerships; Business Strategy; Equity; Distribution Industry; Food and Beverage Industry; United States

November 2006 (Revised August 2012)
Background Note

A Strategic Perspective on Bankruptcy

By: Bill George, Jim Sharpe and Andrew N. McLean

An overview of bankruptcy procedures in U.S. courts, recent filing data and a framework for evaluating a reorganization with creditors or considering opening a court-supervised reorganization under Chapter 11 of the Bankruptcy Code. View Details

Keywords: Bankruptcy; Financial Distress; Turnarounds; Legal Aspects Of Business; Liquidation; Boards Of Directors; Hedge Funds; Strategy; Law; Governing and Advisory Boards; Negotiation; Crisis Management; Policy; Insolvency and Bankruptcy; Credit; Financial Crisis; United States

March 2006 (Revised December 2013)
Case

Hexcel Turnaround — 2001 (A)

By: Paul W. Marshall, James Quinn and Reed Martin

Hexcel's new CEO is faced with deciding how to "take out" $60 million in cash costs in fiscal 2002, as two of the company's end markets—electronics and commercial aerospace—are expected to decline precipitously. Options include closing plants, exiting a business, or... View Details

Keywords: Private Equity; Negotiation; Management Teams; Organizational Change and Adaptation; Strategy; Change Management; Crisis Management; Borrowing and Debt; Aerospace Industry; Electronics Industry; United States

18 Jun 2013
First Look

First Look: June 18

negotiated a path for converting the region into a global water hub to address economic and environmental concerns. The leaders with various stakes in the change managed to work together to rearrange and support existing pieces to... View Details

Keywords: Anna Secino

07 Feb 2011
Lessons from the Classroom

Creating the Founders’ Dilemmas Course

students also get to experience firsthand the raw emotions of negotiating equity splits with their cofounders. Beyond The Team—investors And Successors Part three of the course is about "looking to outside investors once you've gone... View Details

Keywords: by Carmen Nobel; Education

12 Dec 2012
Research & Ideas

Power to the People: The Unexpected Influence of Small Coalitions

benefits to both members and nonmembers, negotiating advertising and product standards. "French consumer groups cultivated membership not by providing selective benefits, but by emphasizing their public purpose," Trumbull writes. French... View Details

Keywords: by Kim Girard

03 Oct 2005
What Do You Think?

What’s the Future of Globally Organized Labor?

and continues to be a lack of good leadership! . . . The politics of international labor interaction are extremely complex and will require tremendous leadership ability to negotiate win-win deals across countries so that employees of... View Details

Keywords: by James Heskett

October 2018 (Revised August 2019)
Case

Beth Israel Deaconess: Consolidating to Strengthen, or to Stave Off, Competition?

By: Leemore Dafny

In July 2017, CEO Kevin Tabb of Boston's Beth Israel Deaconess Medical Center announced his plan to consolidate 11 Massachusetts hospitals under a common management structure. These hospitals collectively generated $5 billion in patient revenue and 25% of... View Details

Keywords: Beth Israel Deaconess; Lahey; Partners; Health Care; Hospitals; Payers; Providers; Anti-trust; Health Care Regulation; Mergers and Acquisitions; Health Care and Treatment; Market Design; Duopoly and Oligopoly; Negotiation; Consolidation; Competition; Health Industry; Massachusetts; Boston

October 2012 (Revised August 2018)
Case

Carolina for Kibera

By: Kathleen L. McGinn, Beth-Ann Kutchma and Cailin B. Hammer

Carolina for Kibera (CFK) is an international non-profit organization whose mission is to promote youth leadership and gender and ethnic cooperation in Kibera, the largest unstructured settlement situated in the heart of Nairobi, Kenya. CFK's programs constructively... View Details

Keywords: Organizational Behavior; Power and Influence; Non-Governmental Organizations; Social Enterprise; Negotiation; Organizational Change and Adaptation; Kenya; United States

February 2000 (Revised August 2005)
Case

Deep Sight Technology, Inc.

By: Henry B. Reiling and Catherine M. Conneely

The founders of a deep sea technology company must refine their tentative capital structure and founders agreement in response to tax factors. Some parties are conveying partnership assets, others are conveying rights to an invention, another will be primarily... View Details

Keywords: Contracts; Agreements and Arrangements; Capital Structure; Alliances; Taxation; Entrepreneurship; Technology Industry

January 1998
Case

From Wall Street to Main Street: Morgan Stanley, Dean Witter, Discover & Co.

By: James K. Sebenius and David T. Kotchen

Designed as a follow-up to Morgan Stanley and S.G. Warburg: Investment Bank of the Future (A). View Details

Keywords: Negotiation; Valuation; Investment Banking; Mergers and Acquisitions; Banking Industry; Financial Services Industry

Find at Harvard

September 1996 (Revised December 2000)
Background Note

Protection of Intellectual Property in the United States, The

By: Myra M. Hart and Howard G. Zaharoff

Presents an overview of U.S. laws/systems in place to safeguard intellectual property rights. Includes a brief history of the development of the laws. Attention is given to patents, licenses, copyrights, trade secrets, trade and service markets, and non-disclosure and... View Details

Keywords: Trademarks; Patents; Copyright; Laws and Statutes; Agreements and Arrangements; United States

31 Jul 2007
First Look

First Look: July 31, 2007

Asian Currency Crisis led to the collapse of agreements Indonesia had negotiated for private electric power only a few years earlier. The ensuing struggle meant bad publicity and several hundred million dollars in costs for Indonesia. As... View Details

Keywords: Martha Lagace

December 2007
Background Note

Tools and Tactics for Transformation: Three "Whats" and Three "Hows"

By: James K. Sebenius and Stephen Friedman

Important transformation at Goldman Sachs, where one of the authors was Chairman, required analysis, political leadership, and management in order to fundamentally shift the strategy, people, and culture on a sustainable basis. After describing the actions needed to... View Details

Keywords: Negotiation Tactics; Business Strategy; Organizational Culture; Transition; Strategic Planning; Core Relationships; Multinational Firms and Management; Leadership Style; Organizational Change and Adaptation; Private Equity