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- July 2024
- Case
Negotiating in a Hurricane: John Branca and the Michael Jackson Estate
By: James K. Sebenius and Alex Green
When the "King of Pop," Michael Jackson, unexpectedly died in 2009, he left behind an estate that was over $500 million in debt, with largely illiquid assets, and legions of creditors poised to begin to seize assets in as soon as 60 days. The task of managing Jackson’s... View Details
- 2024
- Working Paper
The Value of Silence: The Effect of UMG’s Licensing Dispute with TikTok on Music Demand
By: Mengjie (Magie) Cheng, Elie Ofek and Hema Yoganarasimhan
Social media platforms like TikTok have transformed how music is discovered, consumed, and
monetized. This study examines the implications of the dispute between TikTok and Universal Music
Group (UMG), which resulted in UMG excluding its music from TikTok from... View Details
- 2024
- Book
Deals: The Economic Structure of Business Transactions
By: Guhan Subramanian and Michael Klausner
Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.
Business transactions take widely varying forms—from multibillion-dollar... View Details
Business transactions take widely varying forms—from multibillion-dollar... View Details
- 2023
- Working Paper
'De Gustibus' and Disputes about Reference Dependence
By: Thomas Graeber, Pol Campos-Mercade, Lorenz Goette, Alexandre Kellogg and Charles Sprenger
Existing tests of reference-dependent preferences assume universal loss aversion. This paper examines the implications of heterogeneity in gain-loss attitudes for such tests. In experiments on labor supply and exchange behavior we measure gain-loss attitudes and then... View Details
- November 2022
- Case
Chêne Bleu: Caught in the Trade Tariff Crossfire
By: Dante Roscini, Elena Corsi and Daniela Beyersdorfer
A French wine estate faced a 25% tariff on its U.S. exports following a multi-decade-long EU-U.S. trade dispute in the aerospace industry. View Details
- August 2022
- Case
Negotiating Peace in Colombia
By: Deepak Malhotra and Cody Smith
This case follows the protracted armed conflict between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC), tracing it from its origins over 50 years ago, through the private and public negotiations that ultimately resulted in the 2016... View Details
- September 2020
- Teaching Note
Miami's Tech Future (D): Developing New Leadership
By: Rosabeth Moss Kanter and Joyce J. Kim
Traditional establishment leadership of Miami is increasingly challenged by a rising millennial generation that is more diverse and brings more innovative and entrepreneurial “outside-the-building” approaches, including impatience for change. Leadership succession is... View Details
- August 2020
- Article
Trust in State and Non-State Actors: Evidence from Dispute Resolution in Pakistan
By: Daron Acemoglu, Ali Cheema, Asim I. Khwaja and James A. Robinson
Lack of trust in state institutions is a pervasive problem in many developing countries. This paper investigates whether information about improved public services can help build trust in state institutions and move people away from non-state actors. We find that... View Details
- May 18, 2020
- Article
Create a Culture of Generosity and Communication in Your Family Business
By: Christina R. Wing and Rohit K. Gera
The phrase “family business” is made up of two very different words: “family,” which calls to mind warm, fuzzy feelings around love, joy, and support, and “business,” which is measured in money, profits, impact, and assets. We put the two words together, and often, use... View Details
- January 2020
- Case
Terra Nova: A Social Business Trying to Unlock Land Rights for the Urban Poor in Brazil
By: Julie Battilana, Ruth Costas, Marissa Kimsey and Priscilla Zogbi
Brothers André and Daniel Albuquerque founded the company Terra Nova in 2001 to mediate land disputes between poor families illegally living in urban areas and the official landowners—with the aspiration to improve the lives of the poor. A business-led approach to the... View Details
- June 6, 2019
- Article
Tesla's Advantage? 'It's the Software, Stupid.'
By: Lou Shipley
Without question, entrepreneur, innovator and engineer Elon Musk is a controversial figure, but there is no disputing that his first-to-market Tesla electric vehicles are not only revolutionizing the high-end driving experience, but also disrupting the automobile... View Details
Keywords: Tesla; Elon Musk; Autonomous Vehicle; Transportation; Software; Technology; Disruption; Auto Industry
- 2020
- Working Paper
Arbitration with Uninformed Consumers
By: Mark Egan, Gregor Matvos and Amit Seru
This paper studies the impact of the arbitrator selection process on consumer outcomes by examining roughly 9,000 consumer arbitration cases in the securities industry. Securities disputes present a good laboratory: arbitration is mandatory for all disputes,... View Details
- February 2018
- Case
Road Rage at the DMV
By: Andrew Wasynczuk, Katherine Baldiga Coffman and Karim Sameh
When Hewlett-Packard Enterprise notified the Rhode Island's Governor's Office that it wouldn't be able to deliver a "fully-functioning" technology upgrade for the Department of Motor Vehicles, both parties had reached a breaking point. While HPE argued that it would... View Details
- November 2017 (Revised September 2020)
- Supplement
Miami's Tech Future (D): Developing New Leadership
Traditional establishment leadership of Miami is increasingly challenged by a rising millennial generation that is more diverse and brings more innovative and entrepreneurial “outside-the-building” approaches, including impatience for change. Leadership succession is... View Details
- 2016
- Working Paper
Henry Kissinger's Negotiation Campaign to End the Vietnam War
By: James K. Sebenius and Eugene B. Kogan
President Richard M. Nixon was elected in 1968 with the widespread expectation that he would bring about an end to the costly and unpopular war in Vietnam. The task largely fell to National Security Adviser Henry Kissinger. When the negotiations began, North Vietnam... View Details
- October 2016 (Revised September 2017)
- Case
The CRISPR-Cas9 Quarrel
By: Richard G. Hamermesh and Matthew G. Preble
In mid-2016, the Broad Institute and the University of California, Berkeley were in the middle of a contentious patent dispute over which entity controlled a breakthrough gene editing technology called CRISPR-Cas9. With CRISPR-Cas9, scientists might soon be able to... View Details
- Article
How to Make the Other Side Play Fair: The Final-Offer Arbitration Challenge Gives Negotiators a Valuable New Tool
By: Max H. Bazerman and Daniel Kahneman
In legal disputes, contested insurance claims, and similarly adversarial negotiations, one party is likely to open with an inflated claim or a lowball offer. And if the other side’s position is unreasonable, it may make little sense to be reasonable yourself. But if... View Details
- 2016
- Book
Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (without Money or Muscle)
By: Deepak Malhotra
Some negotiations are easy. Others are more difficult. And then there are situations that seem completely hopeless. Conflict is escalating, people are getting aggressive, and no one is willing to back down. And, to top it off, you have little power or other resources... View Details
Keywords: Dealmaking; Diplomacy; Conflict; Dispute Resolution; Strategy; Conflict Management; Negotiation
- April 2015
- Case
Who Owns the Whale?
By: Thales S. Teixeira and David E. Bell
Judge William Wright considers the case of the dispute of a whale carcass wherein several whaling ships claim ownership based on each one's contribution to its killing. The judge must weigh in the differing efforts and costs of three ships who each played a role at... View Details
- April 2015
- Case
Who Owns the Whale? (Abridged)
By: Thales S. Teixeira and David E. Bell
Judge William Wright considers the case of the dispute of a whale carcass wherein several whaling ships claim ownership based on each one's contribution to its killing. The judge must weigh in the differing efforts and costs of three ships who each played a role at... View Details