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      • Faculty Publications  (782)

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      • April 2025 (Revised June 2025)
      • Case

      Governing Sustainability in a Shifting Context (A)

      By: Lynn S. Paine and Will Hurwitz
      In early 2025, boards of directors had to rethink corporate responsibility and sustainability efforts amid rapidly-shifting social, legal, regulatory, and economic forces. While just a few years earlier, calls to address racial justice and climate change reached into... View Details
      Keywords: Climate Change; Corporate Governance; Diversity; Leadership; Business or Company Management; Mission and Purpose; Social Media; Race; Environmental Sustainability; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Lawfulness; Lawsuits and Litigation; Measurement and Metrics; Corporate Social Responsibility and Impact; Business and Shareholder Relations; Social Issues; Retail Industry; Food and Beverage Industry; Banking Industry; United States
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      Paine, Lynn S., and Will Hurwitz. "Governing Sustainability in a Shifting Context (A)." Harvard Business School Case 325-121, April 2025. (Revised June 2025.)
      • April 2025 (Revised June 2025)
      • Case

      Paul Weiss: Fighting or Negotiating with POTUS

      By: Eugene Soltes and Anthea Brady
      In early 2025, Paul Weiss Chairman Brad Karp weighed how to respond to an Executive Order from President Trump that could threaten the financial livelihood of his law firm. Paul Weiss and Karp had to decide to mount a legal fight or negotiate with the White House. The... View Details
      Keywords: Federal Government; Decision Making; Law; Mission and Purpose; Negotiation; Business and Government Relations; Legal Services Industry; United States
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      Soltes, Eugene, and Anthea Brady. "Paul Weiss: Fighting or Negotiating with POTUS." Harvard Business School Case 125-098, April 2025. (Revised June 2025.)
      • 2025
      • Working Paper

      The Invention of Corporate Governance

      By: Yueran Ma and Andrei Shleifer
      The analysis of corporate governance begins with a central feature of modern capitalism—the separation of ownership and control in large corporations—first empirically documented by Berle and Means (1932). Such separation entails several agency problems reflecting... View Details
      Keywords: Corporate Governance; Law; Business and Shareholder Relations
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      Ma, Yueran, and Andrei Shleifer. "The Invention of Corporate Governance." NBER Working Paper Series, No. 33710, April 2025.
      • March 2025 (Revised April 2025)
      • Case

      Dominion Voting Systems v. Fox News

      By: Vincent Pons, Jesse M. Shapiro, Bharat Anand and Susan Pinckney
      The case examines the Dominion Voting Systems and Fox News defamation settlement based upon statements made on air in the aftermath of the 2020 presidential election. View Details
      Keywords: (General) Management; Business Earnings; Financial Statements; Change Management; Disruption; Volatility; Transition; Crime and Corruption; Cost vs Benefits; Decision Making; Decision Choices and Conditions; Decisions; Demographics; Ethics; Values and Beliefs; Corporate Finance; Cost; Governance; Governance Compliance; Governance Controls; Policy; Political Elections; Business History; Information; Law; Legal Liability; Laws and Statutes; Management; Marketing; Advertising; Media; Performance; Problems and Challenges; Society; Public Opinion; Social Issues; Media and Broadcasting Industry; United States
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      Pons, Vincent, Jesse M. Shapiro, Bharat Anand, and Susan Pinckney. "Dominion Voting Systems v. Fox News." Harvard Business School Case 725-029, March 2025. (Revised April 2025.)
      • March 2025 (Revised April 2025)
      • Case

      WallStreetBets: Democratizing Retail Investing

      By: Joseph Pacelli and Alexis Lefort
      In summer 2024, Jaime Rogozinski anticipated the launch of a day-trading eSports event, a vision he had nurtured for years. Rogozinski, the founder of the influential subreddit WallStreetBets (WSB), created the forum in 2012 as a space for retail traders to explore... View Details
      Keywords: Investment; Emerging Markets; Market Participation; Financial Strategy; Lawsuits and Litigation; Social and Collaborative Networks; Financial Markets; Financial Services Industry; United States
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      Pacelli, Joseph, and Alexis Lefort. "WallStreetBets: Democratizing Retail Investing." Harvard Business School Case 125-002, March 2025. (Revised April 2025.)
      • March 2025 (Revised June 2025)
      • Background Note

      Getting to Net Zero: The Role of the Financial Sector

      By: Shawn Cole, Jonah Zahnd, Karina Chung and Jack Cenovic
      In early 2025, momentum towards the goal of reaching net zero carbon emissions by 2050 continued in many parts of the world, even as it appeared to face a set-back following the election of Donald Trump as president of the United States. Financial institutions... View Details
      Keywords: Transition; Climate Change; Environmental Regulation; Environmental Law; Corporate Social Responsibility and Impact; Risk and Uncertainty; Competitive Advantage; Financial Services Industry
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      Cole, Shawn, Jonah Zahnd, Karina Chung, and Jack Cenovic. "Getting to Net Zero: The Role of the Financial Sector." Harvard Business School Background Note 225-066, March 2025. (Revised June 2025.)
      • March 2025
      • Case

      Metaphysic AI: Rethinking the Value of Human Expertise

      By: Zoë B. Cullen, Shikhar Ghosh and Shweta Bagai
      In early 2025, Thomas Graham, CEO of Metaphysic, a leading AI generative video company confronted fundamental questions about who should control digital identity in a world where AI could perfectly recreate human likeness. Founded in 2021, Metaphysic first rose to fame... View Details
      Keywords: Business Model; Ethics; AI and Machine Learning; Intellectual Property; Rights; Negotiation; Value; Motion Pictures and Video Industry; Technology Industry
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      Cullen, Zoë B., Shikhar Ghosh, and Shweta Bagai. "Metaphysic AI: Rethinking the Value of Human Expertise." Harvard Business School Case 825-146, March 2025.
      • 2025
      • Working Paper

      Unwinding Loan Prospecting Pressure Through Renegotiation: The Role of Loan Officer Changes in Debt Contracting

      By: Jung Koo Kang, Regina Wittenberg Moerman and Jessie Cheong
      We examine the impact of loan officer changes on debt contract design. Loan officers play a critical role in initiating and maintaining lending relationships but also face pressure to originate more loans, incentivizing them to offer loan terms more favorable than... View Details
      Keywords: Financing and Loans; Borrowing and Debt; Contracts; Negotiation; Motivation and Incentives
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      Kang, Jung Koo, Regina Wittenberg Moerman, and Jessie Cheong. "Unwinding Loan Prospecting Pressure Through Renegotiation: The Role of Loan Officer Changes in Debt Contracting." Working Paper, March 2025.
      • February 2025
      • Case

      What's Heiring Next? The Saga of the Murdoch Media Empire

      By: Lauren Cohen, Mayra Gazel and Sophia Pan
      As Lachlan Murdoch left the courthouse, he puzzled on the next phase of his battle for control over his father Rupert Murdoch’s media empire. With Rupert aging and his siblings determined to retain their voting rights, Lachlan was convinced that the future of News... View Details
      Keywords: Family Business; Lawsuits and Litigation; Rights; Management Succession; Family Ownership; Family and Family Relationships; Power and Influence; Media and Broadcasting Industry
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      Cohen, Lauren, Mayra Gazel, and Sophia Pan. "What's Heiring Next? The Saga of the Murdoch Media Empire." Harvard Business School Case 225-085, February 2025.
      • January 2025
      • Case

      A Tiger in the Tank: Exxon Sues Investors

      By: Clayton S. Rose, Sarah Sasso and James Weber
      In June 2024, investors were trying to make sense of ExxonMobil’s (Exxon) lawsuit against two impact investors, Arjuna Capital (Arjuna) and Follow This, that had just been dismissed by the U.S. District Court of Northern Texas. Exxon’s suit challenged the rights of two... View Details
      Keywords: Disruption; Talent and Talent Management; Customer Satisfaction; Decision Making; Demographics; Ethics; Corporate Accountability; Employees; Recruitment; Retention; Leadership; Crisis Management; Risk Management; Corporate Social Responsibility and Impact; Mission and Purpose; Organizational Change and Adaptation; Civil Society or Community; Social Issues; Adaptation; Investment Activism; Lawsuits and Litigation; Business and Shareholder Relations; Medical Devices and Supplies Industry; Health Industry; Energy Industry; United States; Netherlands; Norway
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      Rose, Clayton S., Sarah Sasso, and James Weber. "A Tiger in the Tank: Exxon Sues Investors." Harvard Business School Case 325-015, January 2025.
      • January 2025
      • Case

      Cyber Oversight: SolarWinds Board of Directors

      By: Lynn S. Paine
      In 2020, just two years after its IPO, information technology company SolarWinds discovered that it was the victim of an attack on its information systems by Russian hackers. The incident, known as the Sunburst attack, was costly for the company, and certain... View Details
      Keywords: Corporate Governance; Corporate Accountability; Governing and Advisory Boards; Cybersecurity; Lawsuits and Litigation; Legal Liability; Business and Shareholder Relations; Risk Management; Information Technology Industry; United States; Texas; Delaware
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      Paine, Lynn S. "Cyber Oversight: SolarWinds Board of Directors." Harvard Business School Case 325-080, January 2025.
      • January 2025
      • Case

      Constitutional Fiction: John Miller & the Legitimacy of Family Constitutions

      By: Lauren Cohen, Octavian Graf Pilati and Sophia Pan
      John Miller sat reviewing his family’s Constitution, grappling with how best to implement and enforce its provisions. Designed to prevent ambiguity in governance, the Family Constitution set out core values and guidelines to promote harmony and cohesion among family... View Details
      Keywords: Conflict Resolution; Perspective Taking; Liabilities; Family Business; Family Ownership; Business Growth and Maturation; Alignment; Cooperation; Attitudes; Behavior; Cognition and Thinking; Conflict Management; Conflict of Interests; Power and Influence; Perception; Trust; Perspective; Motivation and Incentives; Happiness; Identity; Goals and Objectives; Legal Liability; Contracts; Fairness; Values and Beliefs; Governance Controls; Governing Rules, Regulations, and Reforms; Family and Family Relationships; Manufacturing Industry; Germany
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      Cohen, Lauren, Octavian Graf Pilati, and Sophia Pan. "Constitutional Fiction: John Miller & the Legitimacy of Family Constitutions." Harvard Business School Case 225-054, January 2025.
      • November 2024
      • Supplement

      Epic Games: Nineteen Eighty-Fortnite (B)

      By: Andy Wu and Ronald Wang
      In a significant ruling on April 24, 2023, the U.S. Court of Appeals for the Ninth Circuit upheld portions of the district court’s decision against Epic Games back in September 2021. However, Apple’s anti-steering provisions, which restricted app developers from... View Details
      Keywords: Lawsuits and Litigation; Market Transactions; Applications and Software; Technology Industry; Video Game Industry
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      Wu, Andy, and Ronald Wang. "Epic Games: Nineteen Eighty-Fortnite (B)." Harvard Business School Supplement 725-400, November 2024.
      • Fall 2024
      • Article

      Redemption Mechanisms in Poison Pills: Evidence on Pill Design and Law Firm Effects

      By: Olivier Baum and Guhan Subramanian
      We present the first evidence on the incidence of “trip wire” versus “last look” poison pills. Using a hand-collected data set of 130 poison pills implemented and/or amended between January 1, 2020 and March 31, 2023, we find that pills are almost evenly divided... View Details
      Keywords: Acquisition; Negotiation Tactics; Contracts
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      Baum, Olivier, and Guhan Subramanian. "Redemption Mechanisms in Poison Pills: Evidence on Pill Design and Law Firm Effects." Business Lawyer 79, no. 4 (Fall 2024): 1043–1069.
      • September 2024
      • Background Note

      Copyright and Fair Use

      By: David B. Yoffie
      The U.S. Copyright Office defines a copyright as “a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” Two core principles of copyright are originality and fixation. A work is... View Details
      Keywords: AI and Machine Learning; Copyright; Lawsuits and Litigation; United States
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      Yoffie, David B. "Copyright and Fair Use." Harvard Business School Background Note 725-394, September 2024.
      • September 2024
      • Case

      Open Door Legal: Universal Legal Access

      By: Brian Trelstad, Taylor Greenthal and Sarah Mehta
      This case is about Open Door Legal (ODL), a San Francisco-based civil legal aid nonprofit. CEO Adrian Tirtanadi founded the organization in 2012 with a mission to achieve universal access to legal representation for all city residents. By 2024, ODL had opened four... View Details
      Keywords: Social Entrepreneurship; Law; Growth Management; Nonprofit Organizations; Civil Society or Community; Business Model; Expansion; Legal Services Industry; United States; California; Los Angeles; San Francisco
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      Trelstad, Brian, Taylor Greenthal, and Sarah Mehta. "Open Door Legal: Universal Legal Access." Harvard Business School Case 325-006, September 2024.
      • August 2024 (Revised November 2024)
      • Case

      No Labels and the 2024 Presidential Insurance Plan

      By: Robert F. White and Tom Quinn
      After observing record voter dissatisfaction with the choices in the 2024 U.S. presidential election—Democratic nominee President Joe Biden and Republican nominee and former President Donald Trump—the bipartisan nonprofit No Labels decided to reserve ballot access in... View Details
      Keywords: Disruption; Forecasting and Prediction; Lawsuits and Litigation; Failure; System Shocks; Political Elections; Motivation and Incentives; Governing Rules, Regulations, and Reforms; United States
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      White, Robert F., and Tom Quinn. "No Labels and the 2024 Presidential Insurance Plan." Harvard Business School Case 825-044, August 2024. (Revised November 2024.)
      • August 2024
      • Background Note

      A Brief Note on U.S. Presidential Transitions

      By: Robert F. White
      This note provides background information on the U.S. presidential transition process, including the history of presidential transitions, the modern transition process, and the responsibilities of the executive branch. It includes a brief overview of the primary laws... View Details
      Keywords: Transition; Government Administration; Selection and Staffing; Political Elections; Laws and Statutes; Public Administration Industry; United States
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      White, Robert F. "A Brief Note on U.S. Presidential Transitions." Harvard Business School Background Note 825-062, August 2024.
      • 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
      Keywords: Lawsuits and Litigation; Advertising; Marketing Strategy
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      Cohen, Lauren, and Umit Gurun. "Buying the Verdict." Management Science 70, no. 7 (July 2024): 4167–4183.
      • June 2024
      • Case

      Caesars Entertainment: Governance on the Road to Bankruptcy

      By: Kristin Mugford
      Caesars Entertainment was a large casino operator in the United States that had been purchased in a 2008 leveraged buyout by Apollo and TPG. In January 2015, Caesars Entertainment Operating Company (CEOC), its largest subsidiary, filed for Chapter 11. This set up a... View Details
      Keywords: Gaming; Chapter 11; Fraudulent Conveyance; Apollo; TPG; Bankruptcy; Leveraged Buyouts; Restructuring; Capital Structure; Insolvency and Bankruptcy; Private Equity; Financial Management; Lawsuits and Litigation; Negotiation; Games, Gaming, and Gambling; Borrowing and Debt; Entertainment and Recreation Industry; Las Vegas
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      Mugford, Kristin. "Caesars Entertainment: Governance on the Road to Bankruptcy." Harvard Business School Case 224-108, June 2024.
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