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- March 2024 (Revised June 2024)
- Case
Governing OpenAI (A)
By: Lynn S. Paine, Suraj Srinivasan and Will Hurwitz
In late November 2023, OpenAI’s new board of directors took stock of the situation. The company, which sought to develop artificial general intelligence (AGI)—computer systems with capabilities exceeding human abilities—was looking to regain its footing after a chaotic... View Details
Keywords: Artificial Intelligence; Board Of Directors; Board Decisions; Board Dynamics; Corporate Boards; Governance Changes; Governance Structure; Leadership Change; Legal Aspects Of Business; Nonprofit Governance; Strategy And Execution; Technological Change; AI and Machine Learning; Corporate Governance; Leadership; Management; Mission and Purpose; Technological Innovation; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Resignation and Termination; Ethics; Nonprofit Organizations; Open Source Distribution; Partners and Partnerships; Technology Industry; San Francisco; United States
- January 2024 (Revised June 2024)
- Case
Equal Justice Initiative: Mercy, Truth and Dignity
By: V. Kasturi Rangan, Gerald Chertavian and Brittany Logan
In 1989, the Equal Justice Initiative was established as a non-profit, public interest law firm by Harvard Law School graduate, Bryan Stevenson.
EJI provides legal assistance to condemned prisoners, people wrongly convicted or unfairly sentenced, children in... View Details
EJI provides legal assistance to condemned prisoners, people wrongly convicted or unfairly sentenced, children in... View Details
- 2023
- Book
The State and Capitalism in China
By: Meg Rithmire, Margaret M. Pearson and Kellee S. Tsai
This element explains China's political economic evolution from state socialist economy to a reform era state capitalism model to a more politicized, risk management approach we call "party-state capitalism." We emphasize the internal and external sources of perceived... View Details
- January 2023 (Revised August 2023)
- Case
Veeva Systems and the Transformation to a Public Benefit Corporation
By: Ranjay Gulati and Allison M. Ciechanover
Peter Gassner, the co-founder and CEO of Veeva Systems, steered the company through rapid scaling from its launch in 2007 to 2022. Year after year, the company had exceeded expectations, with its market capitalization reaching $50 billion at its peak. By 2022, the... View Details
- September 2022
- Article
Regulatory Spillover and Workplace Racial Inequality
By: Letian Zhang
This paper suggests that affirmative action bans in the U.S. public sector may influence racial inequality in the private sector. Since the 1990s, nine states have banned affirmative action practice in public universities and state governments. Though these bans have... View Details
- December 2021
- Case
Should I Stay or Should I Go? Assessing Risk in Carlos Ghosn's International Escape
By: Eugene F. Soltes, Grace Liu and Muneeb Ahmed
In 2018, automotive tycoon Carlos Ghosn was arrested in Japan on financial misreporting charges, followed later by charges of improper payments and misappropriation of funds. Over a year later, still awaiting trial, Ghosn organized his escape from house arrest in Tokyo... View Details
- December 2021
- Case
Whistleblowing at Veolia: A Technology Solution
By: Aiyesha Dey, Jonas Heese, Christian Godwin and James Weber
In 2019, Bruno Masson, the vice chairman of Veolia’s Ethics Committee, was preparing for a meeting on a rollout plan for a new whistleblowing system to more countries. Veolia, a global supplier of water, waste, and energy services, had recently gone through several... View Details
- Article
Supporting Value-Based Health Care—Aligning Financial and Legal Accountability
By: Mark M. Zaki, Anupam B. Jena and Amitabh Chandra
U.S. health care payment and delivery-system reforms have focused on improving care by making organizations accountable for outcomes, quality, and costs. Payers have supported the implementation of accountable care organizations (ACOs), bundled-payment models, and... View Details
- March 16, 2021
- Article
From Driverless Dilemmas to More Practical Commonsense Tests for Automated Vehicles
By: Julian De Freitas, Andrea Censi, Bryant Walker Smith, Luigi Di Lillo, Sam E. Anthony and Emilio Frazzoli
For the first time in history, automated vehicles (AVs) are being deployed in populated environments. This unprecedented transformation of our everyday lives demands a significant undertaking: endowing
complex autonomous systems with ethically acceptable behavior. We... View Details
- October 2020 (Revised August 2022)
- Case
Epic Games: Nineteen Eighty-Fortnight
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
- Fall 2020
- Article
Sizing Up Corporate Restructuring in the COVID Crisis
By: Robin Greenwood, Benjamin Iverson and David Thesmar
In the wake of the COVID-19 pandemic, the financial and legal system will need to deal with a surge of financial distress in the business sector. Some firms will be able to survive, while others will face bankruptcy and thus need to be liquidated or reorganized. Many... View Details
- July 2020
- Article
Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms
By: Rosemarie Monge and Nien-hê Hsieh
Business actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well enforced. This article argues that the... View Details
Keywords: Double Effect; Intention; Exploitation; Risk; Practical Ethics; Competition; Risk and Uncertainty; Ethics
- February 2019 (Revised January 2020)
- Case
Pierre Foods Acquisition of Advance Foods (A)
By: Guhan Subramanian and Mike Harmon
This case (A), and its related cases (B-E), establish a setting to discuss an M&A transaction and some of the key legal contracts that are associated with it. In 2010, private equity backed food manufacturer Pierre Foods is contemplating the acquisition of a key... View Details
- January 2019 (Revised May 2019)
- Case
When Trolls Attack: Carbonite vs. Oasis Research
By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and Sarah Mehta
This case, set in October 2017, follows Danielle Sheer, general counsel for Carbonite, as she defends the company against claims of patent infringement. It provides a broad overview of the U.S. patent system and explores the impact that non-practicing entities... View Details
- 2018
- Book
The Academy of Fisticuffs: Political Economy and Commercial Society in Enlightenment Italy
The terms “capitalism” and “socialism” continue to haunt our political and economic imaginations, but we rarely consider their interconnected early history. Even the 18th century had its “socialists,” but unlike those of the 19th, they paradoxically sought to make the... View Details
Keywords: Enlightenment; Political Economy; Italy; Commercial Society; Economic Systems; Trade; History; Markets; Society; Italy
- February 2018
- Background Note
Patent Trolling
By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details
- 2016
- Case
Advanced Leadership Pathways: Alberto Mora and the Costs and Consequences of Torture
By: Rosabeth M. Kanter and Benjamin Summers
Alberto Mora's time as General Counsel of the Navy from 2001–2006 greatly influenced his mission to illuminate the policy consequences of torture. Mora's drive to restore the nation's awareness and conscience against torture was gaining traction. Prominent... View Details
Keywords: Leadership Skills; Torture; Costs And Consequences; Humane; Restraint; Human Dignity; Treatment Of Prisoners; Prison; Repression; Opposition; Revolution; Democracy; Communism; International Affairs; Public Service; September 11; War On Terror; Operation Enduring Freedom; Guantanamo; Cuba; Coalition; Working Group; Cruelty; Interrogation; Memorandum; American Law; Authority; Authoritative; Quadrennial Defense Review; National Defense Authorization Act; Public Engagement; Advocacy; Law; Accountability; Center For The Victims Of Torture; Human Rights; Public Policy; Legality; Morality; Legal System; Tactical Military Operations; West Point; NGO; Human Rights First; American Civil Liberties Union; Human Rights Watch; Amnesty International; Constitution Project; Center For Constitutional Rights; Strategic Military Effect; National Security; Weapon; Terrorism; Prisoners Of War; Abu Ghraib; Pentagon; Ethics; Moral Sensibility; Leadership; Rights; Policy; Public Opinion; United States
- November 2015
- Article
Modularity and Intellectual Property Protection
By: Carliss Y. Baldwin and Joachim Henkel
Modularity is a means of partitioning technical knowledge about a product or process. When state-sanctioned intellectual property (IP) rights are ineffective or costly to enforce, modularity can be used to hide information and thus protect IP. We investigate the impact... View Details
- February 2015 (Revised August 2016)
- Case
Nokia's Bridge Program: Redesigning Layoffs (A)
By: Sandra J. Sucher and Susan J. Winterberg
"Not another Bochum." Nokia Board Chairman Jorma Ollila was clear in the goals he set for the 2011 restructuring that Nokia's new CEO, Stephen Elop, had decided was necessary to address the dramatically changed competitive environment the company faced in smartphones... View Details
- 2014
- Chapter
Promoting Corporate Sustainability through Integrated Reporting: The Role of Investment Fiduciaries and the Responsibilities of the Corporate Board
By: Robert G. Eccles, J. Herron and George Serafeim
This book is a comprehensive reference work exploring recent changes and future trends in the principles that govern institutional investors and fiduciaries. A wide range of contributors offer new perspectives on dynamics that drive the current emphasis on short-term... View Details