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- 28 May 2019
- Research & Ideas
Investor Lawsuits Against Auditors Are Falling, and That's Bad News for Capital Markets
other financial improprieties. But new research shows that lawsuits against auditors for accounting violations have fallen over the past 20 years, and it’s not because accountants have become so much better at their craft or companies... View Details
- 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.
- fall 2010
- Article
Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America
By: Faisal Z. Ahmed, Laura Alfaro and Noel Maurer
The re-occurring phenomenon of sovereign default has prompted an enormous theoretical and empirical literature. Most of this research has focused on why countries ever chose to pay their debts (or why private creditors ever expected repayment). The problem originates... View Details
Keywords: Lawsuits and Litigation; Insolvency and Bankruptcy; Sovereign Finance; Borrowing and Debt; Debt Securities; Motivation and Incentives; Markets; Equity; Banking Industry; Latin America
Ahmed, Faisal Z., Laura Alfaro, and Noel Maurer. "Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America." Law and Contemporary Problems 73, no. 4 (fall 2010): 39–46.
- September 2001 (Revised January 2002)
- Case
The American Medical Association-Sunbeam Deal (C): Denouement
By: Ashish Nanda and Kimberly A. Haddad
On September 5, 1997, the American Medical Association(AMA) withdrew from a contract with Sunbeam Corporation, the maker of small home appliances. Sunbeam sued the AMA to pay for the damages or to comply with the contract. The fracas led to the dismissal of three top... View Details
Keywords: Medical Services; Appliances; Lawsuit; Litigation; Professionalism; Contracts; Corporate Accountability; Organizations; Lawsuits and Litigation; Consumer Products Industry; Health Industry; United States
Nanda, Ashish, and Kimberly A. Haddad. "The American Medical Association-Sunbeam Deal (C): Denouement." Harvard Business School Case 802-091, September 2001. (Revised January 2002.)
- December 2012 (Revised November 2014)
- Case
W.R. Grace & Co.: Dealing with Asbestos Torts
By: Stuart C. Gilson and Sarah L. Abbott
A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract... View Details
Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States
Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
- 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.
- 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.
- February 2021
- Case
The Tulsa Massacre and the Call for Reparations
By: Mihir Desai, Ruth Page, Suzanne Antoniou and Leanne Fan
How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government... View Details
Keywords: Costs And Consequences; Decisions; Judgment And Decision-making; Lawsuit; Leading Change; Conflict Resolution; Perspective Taking; Prejudice; Bias; Reparations; Decision Making; Decision Choices and Conditions; Cost vs Benefits; Judgments; Race; Ethics; Fairness; Moral Sensibility; Values and Beliefs; Conflict Management; Governance; Corporate Accountability; Corporate Governance; Governing Rules, Regulations, and Reforms; Policy; Government and Politics; Government Legislation; History; Lawsuits and Litigation; Legal Liability; Mission and Purpose; Corporate Social Responsibility and Impact; Motivation and Incentives; Civil Society or Community; Social Issues; Oklahoma; Tulsa; United States
Desai, Mihir, Ruth Page, Suzanne Antoniou, and Leanne Fan. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Multimedia/Video Case 221-707, February 2021.
- January 2019 (Revised March 2021)
- Case
SoundCloud: Subscription Streaming?
Established in 2007, SoundCloud already boasted the second largest number of active music listeners among all streaming services and was recognized as the go-to platform for new artists by early 2014. Yet, its founders were questioning the robustness of the firm’s... View Details
Keywords: Audio; Recording; Artist; Music; Music Downloads; Streaming; Radio; Subscription; Subscription Model; Mainstream; Growth; Lawsuit; Licensing; Customers; Platform; Pivot; Music Entertainment; Strategy; Leadership; Business Model; Decision Making; Advertising; Digital Platforms; Music Industry; Europe; Germany; Sweden; United States
Nanda, Ashish, Eric Van den Steen, Andy Wu, Jeffrey Boyar, and Bonnie Bennett Slater. "SoundCloud: Subscription Streaming?" Harvard Business School Case 719-430, January 2019. (Revised March 2021.)
- December 2019 (Revised December 2021)
- Case
Negotiating for Equal Pay: The U.S. Women's National Soccer Team (A)
By: Christine Exley, John Beshears, Manuela Collis and Davis Heniford
In 2019, members of the U.S. Women's National Soccer Team (WNT) filed a gender discrimination lawsuit against the U.S. Soccer Federation. The case describes the history of the WNT's quest for equal pay leading up to this event. View Details
Keywords: Equal Pay; Negotiation; Compensation and Benefits; Equality and Inequality; Gender; Prejudice and Bias; Negotiation Tactics; Corporate Governance; Lawsuits and Litigation; Sports; Sports Industry; United States
Exley, Christine, John Beshears, Manuela Collis, and Davis Heniford. "Negotiating for Equal Pay: The U.S. Women's National Soccer Team (A)." Harvard Business School Case 920-029, December 2019. (Revised December 2021.)
- September 2019 (Revised May 2020)
- Case
Keroche (A): Fighting for Share in the Kenyan Alcoholic Drinks Market
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case discusses the challenges faced by Kenyan alcoholic drinks producer Keroche Industries Limited in 2003, when the Kenyan government accused the company of manufacturing and selling substandard alcoholic drinks, revoked its liquor licenses, and shut down its... View Details
Keywords: Keroche; Alcohol; Wine; Manufacturing; Informal Market; Regulation; Illicit; Illegal; Shutdown; Factory; Low-income Consumers; Multinational; Local; Government; Allegations; Accusations; Negative Press; EABL; Tusker; Beer; SAB; Chang'aa; Naivasha; Rift Valley; East Africa; Lawsuit; Legal Battle; Business Ventures; Business Exit or Shutdown; Business Growth and Maturation; Business Startups; Production; Safety; Quality; Distribution; Small Business; Family Business; Crime and Corruption; Customer Focus and Relationships; Decisions; Income; Demographics; Geographic Scope; Geographic Location; Goods and Commodities; Government Legislation; Growth and Development; Business History; Lawsuits and Litigation; Laws and Statutes; Lawfulness; Goals and Objectives; Consumer Behavior; Market Entry and Exit; Problems and Challenges; Social Issues; Poverty; Strategy; Competition; Entrepreneurship; Manufacturing Industry; Food and Beverage Industry; Kenya; Nairobi; Africa
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (A): Fighting for Share in the Kenyan Alcoholic Drinks Market." Harvard Business School Case 720-390, September 2019. (Revised May 2020.)
- 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
Lerner, Josh, and Benjamin Conway. "Candela Laser vs. Cynosure, Inc." Harvard Business School Case 295-097, January 1995. (Revised November 1995.)
- February 2024 (Revised May 2024)
- Case
Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech
By: Joseph L. Badaracco Jr. and Susan Pinckney
In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of... View Details
Keywords: Transition; Government Administration; Lawsuits and Litigation; Monopoly; Technology Industry; United States; European Union; China; India
Badaracco, Joseph L., Jr., and Susan Pinckney. "Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech." Harvard Business School Case 324-018, February 2024. (Revised May 2024.)
- 07 Jun 2017
- Research & Ideas
How an African History Scholar Became a Modern Righter of Wrongs
could have been a satisfying coda to a project that had begun more than a decade prior. As it turned out, though, her research also led to a groundbreaking and successful lawsuit against the British government; an upcoming feature film;... View Details
Keywords: by Carmen Nobel
- July 2008 (Revised August 2008)
- Supplement
Fidelity Investments' Charitable Gift Fund (B)
By: Robert C. Pozen
The (B) case informs students of Fidelity's decision about pursuing a business process patent for its charitable gift fund and describes subsequent litigation and lawsuits filed by other companies over business process patent issues. View Details
Pozen, Robert C. "Fidelity Investments' Charitable Gift Fund (B)." Harvard Business School Supplement 309-003, July 2008. (Revised August 2008.)
- October 2009 (Revised February 2010)
- Case
Wiwa v. Royal Dutch/Shell
By: Lynn S. Paine and Lara Adamsons
On the eve of trial, and after nearly 14 years of pre-trial litigation, the parties in Wiwa v. Royal Dutch/Shell jointly announced that the four U.S. lawsuits stemming from the execution of the Ogoni Nine in 1995 had been settled. View Details
Keywords: Crime and Corruption; Multinational Firms and Management; Corporate Accountability; Lawsuits and Litigation; Nigeria; United States
Paine, Lynn S., and Lara Adamsons. "Wiwa v. Royal Dutch/Shell." Harvard Business School Case 310-038, October 2009. (Revised February 2010.)
- January 1994 (Revised April 1995)
- Case
EMC Corporation: Response to Shareholder Litigation (A)
By: Josh Lerner
EMC Corp. is the target of a shareholder class-action lawsuit for the second time. CEO, Richard Egan, must decide whether to settle the case, as is done in 96% of such cases and as EMC itself did previously, or fight the action. View Details
Keywords: Decision Choices and Conditions; Lawsuits and Litigation; Going Public; Management Teams; Business and Shareholder Relations; Technology Industry; United States
Lerner, Josh. "EMC Corporation: Response to Shareholder Litigation (A)." Harvard Business School Case 294-070, January 1994. (Revised April 1995.)
- August 2008 (Revised May 2009)
- Background Note
International Enforcement of U.S. Patents
By: Robert C. Pozen and Jordan Hirsch
A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World Trade Organization. This note discusses the pros and... View Details
Pozen, Robert C., and Jordan Hirsch. "International Enforcement of U.S. Patents." Harvard Business School Background Note 309-022, August 2008. (Revised May 2009.)
- November 2012 (Revised June 2013)
- Case
The Facebook IPO Litigation
By: Lena G. Goldberg and Annelena Loeb
Despite its success in the social-networking space, Facebook Inc.'s May 2012 IPO was largely considered a failure. Facebook faced multiple lawsuits and its share price had dropped significantly. Adversaries contended that Facebook had misled investors and violated... View Details
Keywords: Social Networking; IPO; Litigation Risk; Initial Public Offering; Ethics; Lawsuits and Litigation; Failure; Consumer Products Industry; Information Technology Industry; Entertainment and Recreation Industry; United States
Goldberg, Lena G., and Annelena Loeb. "The Facebook IPO Litigation." Harvard Business School Case 313-080, November 2012. (Revised June 2013.)
- November 2008 (Revised November 2012)
- Case
Savage Beast (A)
By: Noam Wasserman and LP Maurice
For several months, things had been spiraling downwards at Savage Beast, the music-recommendation company started three years before by Tim Westergren. The company's founder-CEO recently left due to pressures both at home and within the venture. Dozens of investors... View Details
Keywords: Business Startups; Entrepreneurship; Venture Capital; Lawsuits and Litigation; Leadership; Groups and Teams
Wasserman, Noam, and LP Maurice. "Savage Beast (A)." Harvard Business School Case 809-069, November 2008. (Revised November 2012.)