Publications

February 2011 (Revised January 2013)
Supplement

Fairstar Heavy Transport (C)

By: Guhan Subramanian and Rhea Ghosh

Supplements the (A) and (B) case. View Details

Keywords: Transportation Industry

November 2010
Article

The article presents information on corporate methods of preventing hostile takeovers by corporate raiders, such as the poison pill strategy. It is noted that some of these techniques have become less popular and effective. An argument is presented that Section 203 of... View Details

Keywords: Strategy; Mergers and Acquisitions; United States

May 2010
Article

Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008

By: Guhan Subramanian, Steven Herscovici and Brian Barbetta

Delaware's antitakeover statute, codified at Section 203 of the Delaware corporate code, is by far the most important antitakeover statute in the United States. When it was first enacted in 1988, three bidders challenged its constitutionality under the Commerce Clause... View Details

Keywords: Courts and Trials; Opportunities; Bids and Bidding; Laws and Statutes; Decisions; Change; Acquisition; United States

May 2010
Response

Is Delaware's Antitakeover Statute Unconstitutional? Further Evidence and a Reply to Symposium Commentators

Keywords: Laws and Statutes; Communication

March 2010 (Revised January 2012)
Case

Bank of America-Merrill Lynch

By: Guhan Subramanian and Nithyasri Sharma

In September 2008, as Lehman Brothers struggled to survive, John Thain, CEO of Merrill Lynch, realized that his bank was also on the brink of failure. Throughout the weekend of September 13–14, 2008, Thain successfully negotiated a deal with Ken Lewis, CEO of Bank of... View Details

Keywords: Mergers and Acquisitions; Financial Crisis; Financing and Loans; Negotiation Deal; Business and Government Relations; Banking Industry; United States

2010
Book

Negotiauctions: New Dealmaking Strategies for a Competitive Marketplace

Keywords: Negotiation; Auctions; Strategy; Competition; Markets

December 2009
Article

Negotiation? Auction? A Deal Maker's Guide

What's the best way to buy or sell an asset? Should you hold an auction and accept the most attractive offer? Or should you identify the most likely prospects and negotiate with them privately? Auctions became increasingly popular after the internet opened wide the... View Details

Keywords: Assets; Auctions; Market Transactions; Negotiation; Strategy; Decision Choices and Conditions

October 2009 (Revised November 2011)
Case

Citigroup-Wachovia-Wells Fargo

By: Guhan Subramanian and Nithyasri Sharma

In late September 2008, amidst the spiraling financial crisis, many firms on Wall Street were in a precarious position. One such institution was Wachovia, which entered acquisition talks with Citigroup and Wells Fargo. This case describes the development of these... View Details

Keywords: Mergers and Acquisitions; Financial Crisis; Insolvency and Bankruptcy; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Managerial Roles; Banking Industry; United States

October 2009
Teaching Note

Citigroup-Wachovia-Wells Fargo (TN)

By: Guhan Subramanian and Nithyasri Sharma

Teaching Note for [910006]. View Details

Keywords: Financial Crisis; Mergers and Acquisitions; Financial Services Industry

2009
Book

Commentaries and Cases on the Law of Business Organization

By: William T. Allen, Reinier H. Kraakman and Guhan Subramanian

Updated throughout, the Third Edition of Commentaries and Cases on the Law of Business Organization continues to provide a refreshingly accessible economic analysis perspective. The distinguished team of authors introduces and explains economic concepts in a way... View Details

Keywords: Business Organization; Economics; Law

Read Now

May 2008
Article

Go-Shops vs. No-Shops in Private Equity Deals: Evidence and Implications

Keywords: Equity

December 2007 (Revised April 2008)
Exercise

The Elcer Products Transaction: Confidential Information for Elcer Products Division President

By: James K. Sebenius and Guhan Subramanian

In a six-party negotiation exercise, the TNDA Corp. plans to sell Elcer Products Division to one of four potential buyers (industrial, financial, U.S., German). This case contains confidential information for the Elcer Divisional management role. Challenges include how... View Details

Keywords: Mergers and Acquisitions; Managerial Roles; Negotiation Deal; Negotiation Process; Negotiation Tactics

November 2007
Supplement

Interview with Tim Coleman of the Blackstone Group

August 2007
Case

New York Magazine

By: Guhan Subramanian and David Chen

Describes the events surrounding the sale of New York Magazine to Bruce Wasserstein in 2003. Wasserstein's last-second cash bid of $55 million surprised other potential buyers and allowed him to win ownership of the magazine. View Details

Keywords: Journals and Magazines; Auctions; Bids and Bidding; Negotiation Deal; Publishing Industry; Media and Broadcasting Industry

July 2007 (Revised May 2008)
Case

Cable & Wireless America

By: Guhan Subramanian and Eliot Sherman

Describes the auction of Cable & Wireless America (CWA), a bankrupt subsidiary of the British telecommunications company Cable & Wireless. While an initial "stalking-horse" bid valued the assets at $125 million, after a long day and night of bidding between eight... View Details

Keywords: Mergers and Acquisitions; Insolvency and Bankruptcy; Auctions; Bids and Bidding; Negotiation Process

June 2007 (Revised March 2008)
Case

Lazard LLC

By: Guhan Subramanian and Eliot Sherman

Describes Lazard's situation in 2001, and supplies context for the subsequent negotiation between its Chairman and his hand-picked successor. In 2001 Lazard, the last of the great investment houses to remain both private and in the control of its founding family, is in... View Details

Keywords: Mergers and Acquisitions; Family Business; Talent and Talent Management; Selection and Staffing; Management Succession; Negotiation Tactics; Financial Services Industry