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- 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.
- March 2021
- Case
Litigation Finance 2.0: LexShares
By: Lauren Cohen, Spencer C. N. Hagist and Yago Zavalia Gahan
Litigation finance—also referred to as third party litigation funding—was in its relative infancy as an asset class when Jay Greenberg and Max Volsky made a platform-play in the space. Seven years later, the market was far from "mainstream," but nonetheless had grown... View Details
Cohen, Lauren, Spencer C. N. Hagist, and Yago Zavalia Gahan. "Litigation Finance 2.0: LexShares." Harvard Business School Case 221-092, March 2021.
- 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.)
- Article
Market Reactions to Sovereign Litigation
By: Faisal Z. Ahmed and Laura Alfaro
Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede... View Details
Keywords: Sovereign Debt; Litigation; Vulture Funds; Argentina; Sovereign Finance; Lawsuits and Litigation; Markets; Argentina
Ahmed, Faisal Z., and Laura Alfaro. "Market Reactions to Sovereign Litigation." Capital Markets Law Journal 12, no. 2 (April 2017): 141–163.
- 2013
- Working Paper
Securities Litigation Risk for Foreign Companies Listed in the U.S.
By: Beiting Cheng, Suraj Srinivasan and Gwen Yu
We study securities litigation risk faced by foreign firms listed on U.S. exchanges. We take into account not only the propensity for foreign firms to commit violations of U.S. securities laws but also the costs that investors face when suing foreign firms. We find... View Details
Keywords: Litigation Risk; Cross Listing; Bonding; 10b-5; Securities Litigation; U.S.Listing; Class Action; Risk and Uncertainty; Debt Securities; Globalized Firms and Management; Ethics; Lawsuits and Litigation; United States
Cheng, Beiting, Suraj Srinivasan, and Gwen Yu. "Securities Litigation Risk for Foreign Companies Listed in the U.S." Harvard Business School Working Paper, No. 13-036, October 2012. (Revised March 2014.)
- November 2010
- Article
The Litigation of Financial Innovations
By: Josh Lerner
This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to... View Details
Lerner, Josh. "The Litigation of Financial Innovations." Journal of Law & Economics 53, no. 4 (November 2010): 807–831.
- October 2017
- Case
The Market for Justice: Burford Capital and the Litigation Finance Industry
By: Lauren Cohen, Christopher Malloy and William Powley
Cohen, Lauren, Christopher Malloy, and William Powley. "The Market for Justice: Burford Capital and the Litigation Finance Industry." Harvard Business School Case 218-007, October 2017.
- 05 Nov 2008
- Working Paper Summaries
The Litigation of Financial Innovations
Keywords: by Josh Lerner
- 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.
- 2013
- Working Paper
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
Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Working Paper, 2013. (Harvard Business School Working Paper, No. 13-104, June 2013.)
- 2015
- Working Paper
Financial Patent Quality: Finance Patents After State Street
By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon
In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these... View Details
Lerner, Josh, Andrew Speen, Mark Baker, and Ann Leamon. "Financial Patent Quality: Finance Patents After State Street." Harvard Business School Working Paper, No. 16-068, December 2015.
- 26 Jul 2013
- Working Paper Summaries
Accountability of Independent Directors-Evidence from Firms Subject to Securities Litigation
Keywords: by Francois Brochet & Suraj Srinivasan
- Article
The Information Content of Litigation Participation Securities: The Case of CalFed Bancorp
By: B. C. Esty
Esty, B. C. "The Information Content of Litigation Participation Securities: The Case of CalFed Bancorp." Journal of Financial Economics 60, nos. 2-3 (May 2001): 371–399.
- 22 Jan 2016
- Working Paper Summaries
Financial Patent Quality: Finance Patents After State Street
- September 2015
- Case
Hexion/Apollo's Courtship of Huntsman Corporation (A)
By: Lena G. Goldberg and Danielle V. Holland
In July 2007, after several failed attempts to acquire Huntsman Corporation, Hexion/Apollo prevailed in a bidding war for the company and signed a definitive merger agreement. Apollo had down bid Huntsman during previous attempts to acquire the company, and Huntsman... View Details
Keywords: Fiduciary Outs; Topping Rights; Revlon Duties; Solvency Opinions; Reverse Termination Fees; Litigation Strategy; Law
Goldberg, Lena G., and Danielle V. Holland. "Hexion/Apollo's Courtship of Huntsman Corporation (A)." Harvard Business School Case 316-028, September 2015.
- November 2004 (Revised June 2005)
- Case
Mall of America (A)
By: Lynn S. Paine and Christopher Bruner
Explores fiduciary duty issues that arose in litigation among partners in the partnership that owned and controlled the Mall of America. Describes the complex real estate transaction in which one partner attempted to purchase an additional interest in the mall from a... View Details
Keywords: Ethics; Business Organization; Lawsuits and Litigation; Partners and Partnerships; Property; Investment; Retail Industry; United States
Paine, Lynn S., and Christopher Bruner. "Mall of America (A)." Harvard Business School Case 305-068, November 2004. (Revised June 2005.)
Samuel B. Antill
Samuel Antill is an assistant professor of business administration in the Finance Unit at Harvard Business School. He teaches the Finance II course in the MBA required curriculum.
Professor Antill’s research interests are in corporate... View Details
Professor Antill’s research interests are in corporate... View Details
E. Scott Mayfield
Scott Mayfield is a Senior Lecturer of Business Administration in the Finance Unit at the Harvard Business School. Prior rejoining the faculty in 2011, Professor Mayfield was an assistant professor and member of the Finance Unit at HBS from 1997 to... View Details
Joshua Lev Krieger
Josh Krieger is an Associate Professor of Business Administration in the Entrepreneurial Management Unit. Josh’s research focuses on R&D strategy and the economics of innovation. His work examines project selection, R&D competition, and... View Details
John F. Batter
John Batter is a retired Litigation Partner in the Boston Office of Wilmer Cutler Pickering Hale and Dorr LLP where his practice focussed on on the defense of public and private companies and their directors and management against breach of fiduciary duty claims and... View Details