Publications

March 2006 (Revised March 2007)
Background Note

Winning Legally: Using the Law to Create Value, Marshal Resources, and Manage Risk

Describes the four components of legal astuteness: the attitudes, proactive approach, judgment, and knowledge necessary to manage the legal aspects of business effectively. Identifies a number of legal tools legally astute managers can use during different phases of... View Details

Keywords: Management; Law; Business Strategy

01 Nov 2022
News

Pay Transparency Is Now the Law of the Land in New York City

26 Oct 2017 - 29 Oct 2017
Conference Presentation

Reconfiguring Competition: Corporate Law, Democratic Dissent, and the Creation of State Antitrust Law

By: Laura Phillips Sawyer

Article

Laws versus Contracts: Legal Origins, Shareholder Protections, and Ownership Concentration in Brazil, 1890–1950

By: Aldo Musacchio

This article examines some of the institutional conditions that facilitated the development of equity markets in Brazil. A critical factor was the addition of protections for investors to corporate bylaws, which enabled relatively large corporations in Brazil to... View Details

Keywords: Voting; Equity; Financial Markets; Investment; Governance Controls; Business History; Ownership Stake; Brazil

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1993
Chapter

The Law of the Sea Conference: Lessons for Negotiations to Control Global Warming

By: James K. Sebenius

Keywords: Negotiation; Climate Change; Environmental Sustainability; Agreements and Arrangements; International Relations

2013
Working Paper

The Collaboration Imperative for Today's Law Firms: Leading High-Performance Teamwork for Maximum Benefit

By: Heidi K. Gardner

August 2017
Case

'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)

By: Lena G. Goldberg and Danielle V. Holland

The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details

Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts

2018
Chapter

Between Economic Planning and Market Competition: International Law and Economics in the U.S.

By: Laura Phillips Sawyer

The impact of institutional economics in shaping the American regulatory tradition has largely been dismissed as an incoherent attack on the neoclassical economic paradigm. This essay briefly reconstructs the interwar institutionalist movement, exploring the... View Details

Keywords: Economics; History; Governing Rules, Regulations, and Reforms; Business and Government Relations; United States

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04 Feb 2019
News

Did tax law produce virtually no new business investment, as Joe Biden said?

November 2012 (Revised September 2013)
Case

The JOBS Act of 2012

By: Lena G. Goldberg

This Note summarizes the potential of the Jobs Act of 2012 to change the way in which emerging growth companies, or EMGs, access capital markets. Described as among the most significant change to US securities laws in over 20 years, the Jobs Act may reduce the burdens... View Details

Keywords: Laws And Regulation; Crowdfunding; IPO; Quiet Period; Business Ventures; Entrepreneurship; Law; North and Central America

2008
Working Paper

Rethinking the Role of History in Law & Economics: The Case of the Federal Radio Commission in 1927

By: David A. Moss and Jonathan B. Lackow

In the study of law and economics, there is a danger that historical inferences from theory may infect historical tests of theory. It is imperative, therefore, that historical tests always involve a vigorous search not only for confirming evidence, but for... View Details

Keywords: Economic History; Decision Choices and Conditions; Government Legislation; Law; Media and Broadcasting Industry

September 2001
Background Note

Note on Application of the Antitrust Laws to the New Economy: An Analysis of United States v. Microsoft Corporation

Analyzes the 1991 decision of the U.S. Court of Appeals for the District of Columbia Circuit in the seminal New Economy antitrust case United States vs. Microsoft Corp., 253 F.3rd 34 (D.C. Cir. 2001), which arose out of Microsoft's efforts to promote Internet Explorer... View Details

Keywords: Lawsuits and Litigation; Software; Intellectual Property; Monopoly; Laws and Statutes; Information Technology Industry; District of Columbia

2013
Working Paper

Cross-Border Reverse Mergers: Causes and Consequences

By: Jordan Siegel and Yanbo Wang

We study non-U.S. companies that have used reverse mergers as a means to adopt U.S. corporate law (and sometimes U.S. securities law as well). Early adopters of cross-border reverse mergers and those firms that hired a Big Four auditor exhibited superior corporate... View Details

Keywords: Reverse Merger; Corporate Law; Corporate Governance; Nevada; United States

SSRN

10 Jan 2018
News

Time to end the debate and face facts: Minimum wage laws hurt the poor

July 2016
Case

The EC Rains on Oracle/Sun (A)

By: Lena G. Goldberg

Oracle's proposed acquisition of Sun was on a fast track until the EC's antitrust concerns about open-source MySQL ignited a transatlantic war of words delaying the deal. Sun's performance suffered and its customers were approached by competitors while regulatory... View Details

Keywords: Law; Antitrust; EC Regulation; Mergers and Acquisitions; Multinational Firms and Management; Laws and Statutes; Monopoly; Business and Government Relations

06 Jul 2021
News

‘We Find that [Voter ID] Laws Have No Negative Effect on Registration or Turnout.’

26 Sep 2012
HBS Seminar

John F. Coyle & Gregg D. Polsky, University of North Carolina School of Law

11 Oct 2013
HBS Seminar

Sen Chai, Post-Doc Labor & Worklife Program at the Harvard Law School, and NBER

April 2013 (Revised June 2013)
Teaching Note

Creating the First Public Law Firm: The IPO of Slater & Gordon Limited (TN)

By: Benjamin C. Esty and E. Scott Mayfield