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      • Faculty Publications  (382)

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      • April 2011 (Revised December 2013)
      • Case

      Boardroom Change in Norway

      By: Jay W. Lorsch and Melissa Barton
      In 2003, the Norwegian Parliament amended the Public Limited Companies Act in order to achieve greater representation of women on corporate boards. According to the amendment, all state-owned companies and public limited companies were required to have at least 40%... View Details
      Keywords: Laws and Statutes; Gender; Corporate Governance; Norway
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      Lorsch, Jay W., and Melissa Barton. "Boardroom Change in Norway." Harvard Business School Case 411-089, April 2011. (Revised December 2013.)
      • March 2011 (Revised June 2012)
      • Case

      Office of Technology Transfer - Shanghai Institutes for Biological Sciences

      By: Willy Shih, Sen Chai, Kamen Bliznashki and Courtney Hyland
      Gordon Zong is trying to teach Chinese universities and research institutes how to do effective technology transfer and IP licensing, but he is trying to do it in an environment with weak property rights and an underdeveloped support infrastructure. As the managing... View Details
      Keywords: Multinational Firms and Management; Patents; Knowledge Management; Law Enforcement; Business and Government Relations; Research and Development; Biotechnology Industry; Pharmaceutical Industry; China
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      Shih, Willy, Sen Chai, Kamen Bliznashki, and Courtney Hyland. "Office of Technology Transfer - Shanghai Institutes for Biological Sciences." Harvard Business School Case 611-057, March 2011. (Revised June 2012.)
      • March 2011
      • Case

      MorphoSys AG: The Evolution of a Biotechnology Business Model

      By: Gary P. Pisano, Ryan Johnson and Carin-Isabel Knoop
      In the biotech world, the 18-year-old Munich-based company MorphoSys was a rarity: it was profitable. The company achieved this profitability not by developing and selling its own drugs, but by licensing access to its proprietary library of human antibodies. Recently,... View Details
      Keywords: Business Model; Profit; Intellectual Property; Rights; Risk Management; Digital Platforms; Product Development; Business and Shareholder Relations; Vertical Integration; Biotechnology Industry; Munich
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      Pisano, Gary P., Ryan Johnson, and Carin-Isabel Knoop. "MorphoSys AG: The Evolution of a Biotechnology Business Model." Harvard Business School Case 611-046, March 2011.
      • January 2011 (Revised January 2011)
      • Case

      Marvel Enterprises, Inc. (Abridged)

      By: Anita Elberse
      The management team of Marvel Enterprises, known for its universe of superhero characters that includes Spider-Man, the Hulk, and X-Men, must reevaluate its marketing strategy. In June 2004, only six years after the company emerged from bankruptcy, Marvel has amassed a... View Details
      Keywords: Business Model; Intellectual Property; Rights; Growth and Development Strategy; Brands and Branding; Marketing Strategy; Entertainment and Recreation Industry
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      Elberse, Anita. "Marvel Enterprises, Inc. (Abridged)." Harvard Business School Case 511-097, January 2011. (Revised January 2011.)
      • 2011
      • Working Paper

      Do U.S. Market Interactions Affect CEO Pay? Evidence from UK Companies

      By: Joseph J. Gerakos, Joseph D. Piotroski and Suraj Srinivasan
      This paper examines the extent that interactions with U.S. markets impact the compensation practices of non-U.S. firms. Using a sample of large U.K. companies, we find that the total compensation of U.K. CEOs is positively related to the extent of the firm's... View Details
      Keywords: Globalized Markets and Industries; Corporate Governance; Executive Compensation; Management Practices and Processes; Motivation and Incentives; United Kingdom; United States
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      Gerakos, Joseph J., Joseph D. Piotroski, and Suraj Srinivasan. "Do U.S. Market Interactions Affect CEO Pay? Evidence from UK Companies." Harvard Business School Working Paper, No. 11-075, January 2011.
      • Article

      Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution

      By: Fabrice Lumineau and Deepak Malhotra
      This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contractual detail... View Details
      Keywords: Governance Controls; Contracts; Rights; Negotiation; Conflict and Resolution; Power and Influence
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      Lumineau, Fabrice, and Deepak Malhotra. "Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution." Strategic Management Journal 32, no. 5 (May 2011): 532–555.
      • Article

      Values, Purpose, Meaning, and Expectations: Why Culture and Context Matter

      By: Rosabeth M. Kanter
      The "rational person" standard, based on assumptions of economic self-interest, has long prevailed in legal reasoning. But understanding of decision making, behavioral choices, and possibilities for action must be enlarged to include a variety of factors that give... View Details
      Keywords: Standards; Interests; Decision Making; Behavior; Value; Groups and Teams; Performance Expectations; Organizational Culture; Leadership; Business Cycles; Forecasting and Prediction; Motivation and Incentives
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      Kanter, Rosabeth M. "Values, Purpose, Meaning, and Expectations: Why Culture and Context Matter." Alabama Law Review 62, no. 5 (2011).
      • 2010
      • Working Paper

      Lawful but Corrupt: Gaming and the Problem of Institutional Corruption in the Private Sector

      By: Malcolm S. Salter
      This paper describes how the gaming of society's rules by corporations contributes to the problem of institutional corruption in the world of business. "Gaming" in its various forms involves the use of technically legal means to subvert the intent of society's rules in... View Details
      Keywords: Crime and Corruption; Civil Society or Community; Competitive Advantage; Earnings Management; Trust; Law; Performance; Investment Funds; Private Sector; Behavior; Relationships; Goals and Objectives
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      Salter, Malcolm S. "Lawful but Corrupt: Gaming and the Problem of Institutional Corruption in the Private Sector." Harvard Business School Working Paper, No. 11-060, December 2010.
      • November 2010
      • Technical Note

      Technical Note: An Abridged History of the American Corporation

      By: Rakesh Khurana, Andrew David Klaber and Eric Baldwin
      This note examines the development of the corporate form in the United States from the eighteenth century to the present, focusing primarily on legal issues. It identifies several major trends in the history of the American corporation: the transition of corporations... View Details
      Keywords: Accounting; Corporate Accountability; Governing Rules, Regulations, and Reforms; History; Code Law; Managerial Roles; Corporate Social Responsibility and Impact; Private Ownership; United States
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      Khurana, Rakesh, Andrew David Klaber, and Eric Baldwin. "Technical Note: An Abridged History of the American Corporation." Harvard Business School Technical Note 411-069, November 2010.
      • November 2010 (Revised May 2014)
      • Case

      Dow's Bid for Rohm and Haas

      By: Benjamin C. Esty and David Lane
      This case analyzes Dow Chemical Company's proposed acquisition of Rohm and Haas in 2008. The $18.8 billion acquisition was part of Dow's strategic transformation from a slow-growth, low-margin, and cyclical producer of basic chemicals into a higher-growth,... View Details
      Keywords: Mergers and Acquisitions; Financial Crisis; Capital Structure; Financial Condition; Financial Management; Contracts; Lawsuits and Litigation; Risk and Uncertainty; Valuation; Chemical Industry
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      Esty, Benjamin C., and David Lane. "Dow's Bid for Rohm and Haas." Harvard Business School Case 211-020, November 2010. (Revised May 2014.)
      • November 2010
      • Supplement

      Dow's Bid for Rohm and Haas (CW)

      By: Benjamin C. Esty
      Spreadsheet Supplement for 211020. View Details
      Keywords: Mergers and Acquisitions; Performance; Joint Ventures; Financial Crisis; Economic Slowdown and Stagnation; Financial Markets; Sales; Lawsuits and Litigation; Negotiation Deal; Governing and Advisory Boards; Cash Flow; Decisions; Chemical Industry; Kuwait
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      Esty, Benjamin C. "Dow's Bid for Rohm and Haas (CW)." Harvard Business School Spreadsheet Supplement 211-704, November 2010.
      • November 2010
      • Case

      Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (A)

      By: James K. Sebenius and Jason Cheng Qian
      Esquel Group, leading manufacturer of quality shirts, sought to negotiate long-term partnerships with often-exploited farmers in Xinjiang (western China) to procure a superior cotton variety. Seeking to secure a large supply of specialty cotton in an ethical and... View Details
      Keywords: Contracts; Agreements and Arrangements; Corporate Social Responsibility and Impact; Leasing; Business and Community Relations; Business and Government Relations; Partners and Partnerships; Agriculture and Agribusiness Industry; Apparel and Accessories Industry; Manufacturing Industry; Hong Kong; Xinjiang Uygur Zizhiqu
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      Sebenius, James K., and Jason Cheng Qian. "Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (A)." Harvard Business School Case 911-031, November 2010.
      • November 2010
      • Supplement

      Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (B)

      By: James K. Sebenius and Jason Cheng Qian
      Details and evaluates results in Esquel's 2002 initiative to negotiate long-term partnerships with often-exploited farmers in Xinjiang (western China) to procure a superior cotton variety. View Details
      Keywords: Contracts; Agreements and Arrangements; Corporate Social Responsibility and Impact; Outcome or Result; Leasing; Business and Community Relations; Business and Government Relations; Partners and Partnerships; Agriculture and Agribusiness Industry; Apparel and Accessories Industry; Manufacturing Industry; Hong Kong; Xinjiang Uygur Zizhiqu
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      Sebenius, James K., and Jason Cheng Qian. "Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (B)." Harvard Business School Supplement 911-032, November 2010.
      • August 2010 (Revised March 2012)
      • Supplement

      The Dow Acquisition of Rohm and Haas (D)

      By: Jay W. Lorsch and Melissa Barton
      Dow's board and management team worked on arranging appropriate financing to complete the acquisition of Rohm and Haas. Meanwhile, the board of Rohm and Haas filed suit against Dow after it delayed the completion of the acquisition. View Details
      Keywords: Mergers and Acquisitions; Financing and Loans; Governing and Advisory Boards; Lawsuits and Litigation; Management Teams; Chemical Industry
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      Lorsch, Jay W., and Melissa Barton. "The Dow Acquisition of Rohm and Haas (D)." Harvard Business School Supplement 411-004, August 2010. (Revised March 2012.)
      • August 2010 (Revised March 2012)
      • Supplement

      The Dow Acquisition of Rohm and Haas (E)

      By: Jay W. Lorsch and Melissa Barton
      Dow completed the acquisition of Rohm and Haas and escaped a battle in a Delaware courtroom View Details
      Keywords: Mergers and Acquisitions; Legal Liability; Managerial Roles; Complexity
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      Lorsch, Jay W., and Melissa Barton. "The Dow Acquisition of Rohm and Haas (E)." Harvard Business School Supplement 411-005, August 2010. (Revised March 2012.)
      • June 2010 (Revised June 2025)
      • Case

      Managing the Client Portfolio

      By: Nitin Nohria and Ashish Nanda
      The German country managing partner of a global law firm must decide how to respond to a corporate mandate to restructure its client portfolio. The case enables a discussion of different types of clients in a global professional service firm in terms of relative... View Details
      Keywords: Attorney and Client Relationships; Management Style; Corporate Governance; Business Subsidiaries; Business Headquarters; Conflict and Resolution
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      Nohria, Nitin, and Ashish Nanda. "Managing the Client Portfolio." Harvard Business School Case 410-139, June 2010. (Revised June 2025.)
      • May 2010
      • Article

      Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008

      By: Guhan Subramanian, Steven Herscovici and Brian Barbetta
      Delaware's antitakeover statute, codified at Section 203 of the Delaware corporate code, is by far the most important antitakeover statute in the United States. When it was first enacted in 1988, three bidders challenged its constitutionality under the Commerce Clause... View Details
      Keywords: Courts and Trials; Opportunities; Bids and Bidding; Laws and Statutes; Decisions; Change; Acquisition; United States
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      Subramanian, Guhan, Steven Herscovici, and Brian Barbetta. "Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008." Business Lawyer 65, no. 3 (May 2010): 685–752. (Selected by academics as one of the “top ten” articles in corporate/securities law for 2010, out of 447 articles published in that year.)
      • March 2010 (Revised January 2011)
      • Case

      Carrot or Stick? Getting Paid for Innovation at Tessera Technologies

      By: Willy C. Shih
      Tessera Technologies has been very successful developing technologies for the semiconductor and mobile device industry, and then licensing them broadly to manufacturers. In addition to licensing patents, it also supplies know-how to help manufacturers move into... View Details
      Keywords: Business Model; Innovation Strategy; Patents; Courts and Trials; Rights; Mobile Technology; Semiconductor Industry; California
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      Shih, Willy C. "Carrot or Stick? Getting Paid for Innovation at Tessera Technologies." Harvard Business School Case 610-085, March 2010. (Revised January 2011.)
      • March 2010 (Revised May 2010)
      • Case

      Chrysler's Sale to Fiat

      By: C. Fritz Foley, Lena G. Goldberg and Linnea Meyer
      This case provides students with an opportunity to analyze the restructuring of Chrysler in the midst of the financial crisis of 2008–2009. It describes how debtors can use section 363 of the U.S. Bankruptcy Code to sell assets quickly. It allows for discussion of who... View Details
      Keywords: Mergers and Acquisitions; Restructuring; Financial Crisis; Insolvency and Bankruptcy; Laws and Statutes; Business and Government Relations; Sales; Auto Industry; United States
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      Foley, C. Fritz, Lena G. Goldberg, and Linnea Meyer. "Chrysler's Sale to Fiat." Harvard Business School Case 210-022, March 2010. (Revised May 2010.)
      • March 2010 (Revised December 2010)
      • Case

      The Market for Prisoners: Business, Crime and Punishment in the "American Dream"

      By: Rafael M. Di Tella and Laura Winig
      In 2010, Corrections Corporation of America (CCA), the largest private prison operator in the U.S., was considering expansion options. The company's largest customers, federal and state governments, were under economic pressure to reduce the incarceration rate and... View Details
      Keywords: For-Profit Firms; Crime and Corruption; Profit; Law Enforcement; Growth and Development Strategy; Demand and Consumers; Business and Government Relations; Competitive Strategy; Expansion; United States
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      Di Tella, Rafael M., and Laura Winig. The Market for Prisoners: Business, Crime and Punishment in the "American Dream". Harvard Business School Case 710-042, March 2010. (Revised December 2010.)
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