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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
Cohen, Lauren, and Umit Gurun. "Buying the Verdict." Management Science 70, no. 7 (July 2024): 4167–4183.
- August 2023
- Article
Financing the Litigation Arms Race
By: Samuel Antill and Steven R. Grenadier
Using a dynamic real-option model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous implications for total ex-post litigant surplus. A defendant and a plaintiff bargain over a settlement payment. The... View Details
Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Lawsuits and Litigation; Financing and Loans
Antill, Samuel, and Steven R. Grenadier. "Financing the Litigation Arms Race." Journal of Financial Economics 149, no. 2 (August 2023): 218–234.
- 2023
- Article
Towards Bridging the Gaps between the Right to Explanation and the Right to Be Forgotten
By: Himabindu Lakkaraju, Satyapriya Krishna and Jiaqi Ma
The Right to Explanation and the Right to be Forgotten are two important principles outlined to regulate algorithmic decision making and data usage in real-world applications. While the right to explanation allows individuals to request an actionable explanation for an... View Details
Keywords: Analytics and Data Science; AI and Machine Learning; Decision Making; Governing Rules, Regulations, and Reforms
Lakkaraju, Himabindu, Satyapriya Krishna, and Jiaqi Ma. "Towards Bridging the Gaps between the Right to Explanation and the Right to Be Forgotten." Proceedings of the International Conference on Machine Learning (ICML) 40th (2023): 17808–17826.
- July 2023 (Revised February 2024)
- Case
Equity Restructuring at Dell Technologies: Buy Out, Buy Up, Buy In (A)
By: Stuart C. Gilson and Sarah L. Abbott
In November 2018, Dell Technologies was poised to re-enter the public markets by means of a complex recapitalization that would replace an entire class of publicly-traded “tracking stock,” with new shares that would trade publicly without the need of a formal IPO. The... View Details
Keywords: Technology; M&A; Recapitalization; MBO; Equity Issues; Private Equity Buyouts; Public Ownership; Stock Shares; Mergers and Acquisitions; Equity; Technology Industry; United States
Gilson, Stuart C., and Sarah L. Abbott. "Equity Restructuring at Dell Technologies: Buy Out, Buy Up, Buy In (A)." Harvard Business School Case 224-005, July 2023. (Revised February 2024.)
- 24 Apr 2023 - 27 Apr 2023
- Conference Presentation
Diversity, Equity, & Inclusion: The Paradoxical Effect & Impact on Security
By: J. Carlos Vega, Hise O. Gibson, Nicole Gilmore and Larry Whiteside Jr.
Diversity, Equity, & Inclusion (DEI) is necessary to create the world class teams we need to defend against advanced threats and adversaries; however, the approach that most take often fails spectacularly. The panel challenges the current practices, the failings, and... View Details
"Diversity, Equity, & Inclusion: The Paradoxical Effect & Impact on Security." Paper presented at the RSA Conference, San Francisco, CA, USA, April 24–27, 2023.
- 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
Keywords: Class-action Litigation; Turnover; Lawsuits and Litigation; Innovation and Invention; Risk and Uncertainty
Kempf, Elisabeth, and Oliver Spalt. "Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits." Management Science 69, no. 3 (March 2023): 1323–1934.
- January 2022 (Revised January 2023)
- Technical Note
Legal Analysis: Sexual Misconduct in the Workplace
By: J.S. Nelson and Trevor Fetter
This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and... View Details
Nelson, J.S., and Trevor Fetter. "Legal Analysis: Sexual Misconduct in the Workplace." Harvard Business School Technical Note 322-085, January 2022. (Revised January 2023.)
- Article
Is ‘Not Guilty’ the Same as ‘Innocent’? Evidence from SEC Financial Fraud Investigations
By: Eugene F. Soltes and David H. Solomon
When the Securities and Exchange Commission (SEC) investigates firms for financial fraud, investors learn about the investigation only if managers disclose it, or regulators sanction the firm. We investigate the effects of such disclosures using confidential records on... View Details
Soltes, Eugene F., and David H. Solomon. "Is ‘Not Guilty’ the Same as ‘Innocent’? Evidence from SEC Financial Fraud Investigations." Journal of Empirical Legal Studies 18, no. 2 (June 2021): 287–327.
- Article
Measuring Audit Quality
By: Shivaram Rajgopal, Suraj Srinivasan and Xin Zheng
In this paper, we document 45 specific allegations related to audit deficiencies based on GAAS, as detailed in 141 AAERs and 153 securities class action lawsuits over the violation years 1978–2016. Next, we use these allegations to validate existing popular proxies of... View Details
Keywords: Audit Quality; Audit Deficiency; AAER; Securities Class Action Lawsuits; Enforcement; Accounting Audits; Quality; Measurement and Metrics
Rajgopal, Shivaram, Suraj Srinivasan, and Xin Zheng. "Measuring Audit Quality." Review of Accounting Studies 26, no. 2 (June 2021): 559–619.
- November 2020
- Case
Wilderness Safaris: Responses to the COVID-19 Crisis
By: James E. Austin, Megan Epler Wood and Herman B. "Dutch" Leonard
This case is an epilogue to “Wilderness Safaris: Impact Investing and Ecotourism Conservation in Africa” (2-321-020), which ends with the emergence of the pandemic in March 2020. The final discussion area for that case can be “What should Wilderness Safari CEO Keith... View Details
Keywords: Communities; COVID-19; Ecotourism; Travel; Travel Industry; Conservation Planning; Reopening; Investor Relations; Project Strategy; Governance; Decision Making; Cash; Health Pandemics; Business and Shareholder Relations; Tourism Industry; Africa
Austin, James E., Megan Epler Wood, and Herman B. "Dutch" Leonard. "Wilderness Safaris: Responses to the COVID-19 Crisis." Harvard Business School Case 321-077, November 2020.
- October 2020 (Revised August 2022)
- Case
Epic Games: Nineteen Eighty-Fortnite
By: Andy Wu, Miaomiao Zhang and Christopher Zhang
In the midst of intensifying public and political attention towards the market power of big technology, Epic Games in 2020 challenged the status quo that has existed for years in the Apple iOS and Google Android mobile application marketplaces and payment systems.... View Details
Keywords: Mobile Platforms; Mobile App Industry; Mobile Payment Systems; Antitrust; Games, Gaming, and Gambling; Mobile and Wireless Technology; Lawsuits and Litigation; Entrepreneurship; Competitive Strategy; Digital Platforms; United States
Wu, Andy, Miaomiao Zhang, and Christopher Zhang. "Epic Games: Nineteen Eighty-Fortnite." Harvard Business School Case 721-395, October 2020. (Revised August 2022.)
- February 2020
- Supplement
Theranos: Who Has Blood on Their Hands? (B)
By: Nien-he Hsieh, Christina R. Wing and John Masko
This supplemental case tracks the results of the Colman and Taubman-Dye class action suit against Theranos as well as Theranos’ other legal challenges and chronicles the final demise of the company in 2019. View Details
Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Entrepreneurship; Lawsuits and Litigation; Business Exit or Shutdown; Medical Devices and Supplies Industry; California; United States
Hsieh, Nien-he, Christina R. Wing, and John Masko. "Theranos: Who Has Blood on Their Hands? (B)." Harvard Business School Supplement 320-091, February 2020.
- August 2019 (Revised April 2020)
- Case
Transforming Hindustan Unilever
By: Krishna G. Palepu and Rachna Tahilyani
In October 2013, when Sanjiv Mehta had taken over the reins of Unilever’s business in India and the larger South Asia region, Hindustan Unilever (HUL) had been going through a difficult time. Caught in the midst of a weakening economy, falling consumer spending, and... View Details
Keywords: Change Management; Transformation; Leading Change; Performance Improvement; Consumer Products Industry; India
Palepu, Krishna G., and Rachna Tahilyani. "Transforming Hindustan Unilever." Harvard Business School Case 120-022, August 2019. (Revised April 2020.)
- February 2019 (Revised February 2020)
- Case
Theranos: Who Has Blood on Their Hands? (A)
By: Nien-hê Hsieh, Christina R. Wing, Emilie Fournier and Anna Resman
This case covers the rise and fall of Theranos, the company founded by Elizabeth Holmes in 2004 to revolutionize the blood testing industry by creating a device that could provide from a small finger prick the same results and accuracy as intravenous blood draws. As... View Details
Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Ethics; Entrepreneurship; Lawsuits and Litigation
Hsieh, Nien-hê, Christina R. Wing, Emilie Fournier, and Anna Resman. "Theranos: Who Has Blood on Their Hands? (A)." Harvard Business School Case 619-039, February 2019. (Revised February 2020.)
- December 2016 (Revised February 2019)
- Case
Kurt Summers: Investing in Our Chicago
By: Joshua Margolis and Michael Norris
In 2016, Kurt Summers, the Chicago City Treasurer, faced a decision with potential personal and political ramifications: whether or not to ask the city’s Mayor to join a class action antitrust suit against the city’s creditors for actions they took during the Global... View Details
Keywords: Personal Development; Career Journey; Leadership Development; Career; Leadership; Government and Politics; Personal Development and Career; Public Administration Industry; United States; Chicago
Margolis, Joshua, and Michael Norris. "Kurt Summers: Investing in Our Chicago." Harvard Business School Case 417-023, December 2016. (Revised February 2019.)
- 2015
- Chapter
"Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems
Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable... View Details
Sebenius, James K. "Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems. In Negotiating in Times of Conflict, edited by Gilead Sher and Anat Kurz, 107–124. Tel Aviv: Institute for National Security Studies, 2015. Electronic.
- January 2015
- Case
Chevron Under Fire
By: George Serafeim, Rebecca Henderson and Christine Snively
Oil giant, Chevron, faced numerous challenges on environmental, social and governance (ESG) grounds in the first decade of the 21st century, including some major lawsuits and actions by NGOs. The case describes those challenges and raises questions about what is the... View Details
- 2014
- Working Paper
Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems
Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable... View Details
Sebenius, James K. "Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems." Harvard Business School Working Paper, No. 14-091, March 2014.
- February 2014
- Article
Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation
By: Francois Brochet and Suraj Srinivasan
We examine which independent directors are held accountable when investors sue firms for financial- and disclosure-related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over... View Details
Keywords: Independent Directors; Litigation Risk; Class Action Lawsuits; Director Accountability; Reputation; Boards Of Directors; Corporate Governance; Debt Securities; Corporate Accountability; Lawsuits and Litigation
Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Journal of Financial Economics 111, no. 2 (February 2014): 430–449.
- September 2013
- Case
United Rentals (A)
By: Jay W. Lorsch, Kathleen Durante and Emily McTague
In December 1997 United Rentals (URI) went public on the NYSE. Ten years later, during the peak of the economic meltdown, the company's performance was in decline. United Rentals had experienced its share of problems in the prior years and was still struggling to... View Details
Keywords: Board Of Directors; Board Dynamics; Accounting Fraud; Governance; Board Committees; Merger; Corporate Governance; Construction Industry; United States
Lorsch, Jay W., Kathleen Durante, and Emily McTague. "United Rentals (A)." Harvard Business School Case 414-043, September 2013.