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May 2010 (Revised July 2010)
Case

Bank of America Acquires Merrill Lynch (A)

By: Robert C. Pozen and Charles E. Beresford

On December 22, 2008, Bank of America (BofA) chairman and CEO Ken Lewis convened a special board of directors meeting to review his company's pending acquisition of investment bank Merrill Lynch. Negotiations for the acquisition had begun a few months earlier, during... View Details

Keywords: Mergers and Acquisitions; Decision Choices and Conditions; Financial Crisis; Corporate Governance; Government Legislation; Crisis Management; Business and Government Relations; Banking Industry

March 1990 (Revised October 1994)
Case

IBM-Fujitsu Dispute

By: Joseph L. Badaracco Jr.

Describes a dispute between IBM and Fujitsu over allegations that Fujitsu stole proprietary IBM software for controlling mainframe computers. Also describes a novel arbitration agreement intended to resolve the dispute, an overview of intellectual property law in the... View Details

Keywords: Trade; Ethics; Intellectual Property; Law; Negotiation Process; Relationships; Software; Information Technology Industry

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06 Jan 2015
Working Paper Summaries

Henry A. Kissinger as Negotiator: Background and Key Accomplishments

Keywords: by James Sebenius & Laurence A. Green

27 Oct 2008
Lessons from the Classroom

Achieving Excellence in Nonprofits

Sean Silverthorne: What organizations are included in "social enterprise," and why do you define it in the way that you do? Herman "Dutch" Leonard: We include as a "social enterprise" any organization that places a social mission at the... View Details

Keywords: by Sean Silverthorne

March 1995 (Revised May 1997)
Case

Stonyfield Farm: September 1994

Samuel Kaymen and Gary Hirshberg founded Stonyfield Farm in 1983, in part to demonstrate that "environmentally and socially responsible businesses can also be profitable." In 1994, the company has grown to over $21 million in revenues, derived mainly from refrigerated... View Details

Keywords: Growth Management; Animal-Based Agribusiness; Food; Business Growth and Maturation; Business Startups; Growth and Development Strategy; Agriculture and Agribusiness Industry; Food and Beverage Industry; New Hampshire; California; Russia

2025
Working Paper

Pulp Friction: The Value of Quantity Contracts in Decentralized Markets

By: Olivier Darmouni, Simon Essig Aberg and Juha Tolvanen

Firms in decentralized markets often trade using quantity contracts, agreements that specify quantity prior to the point of sale. These contracts are valuable because they provide quantity assurance, as trading frictions could prevent a buyer and seller from matching... View Details

Keywords: Decentralized Markets; Trading Frictions; Market Structure; Transaction Costs; Contracts; Market Transactions; Pulp and Paper Industry

June 1988 (Revised December 1991)
Case

An Tai Bao Coal Mining Project

By: W. Carl Kester and Richard P. Melnick

An Tai Bao is the world's largest open-pit coal mine and is located in China's Shanxi province. After eight years of planning and negotiating, Occidental Petroleum, the foreign partner in the deal, is about to sign an ownership and financing agreement for $475 million... View Details

Keywords: Planning; Agreements and Arrangements; Non-Renewable Energy; Equity; Partners and Partnerships; Negotiation Deal; Joint Ventures; Mining Industry; China

December 1990 (Revised December 1993)
Case

Australian Paper Manufacturers (A)

By: David M. Upton and Joshua D. Margolis

Describes a company which has broken an unwritten cordial agreement amongst the three Australian paper manufacturers to split the domestic market three ways by market segment. The company invades another's "territory" with advanced technology, quality, and,... View Details

Keywords: Agreements and Arrangements; Production; Information Technology; Ethics; Situation or Environment; Product Development; Segmentation; Expansion; Financial Strategy; Pulp and Paper Industry; Australia

February 2001 (Revised March 2002)
Case

Korea First Bank (A)

In December 1999, Newbridge Capital, an equity investment fund based in San Francisco, successfully negotiated with the Korean government to acquire a controlling interest in Korea First Bank. It was the first time a foreign financial institution acquired a Korean... View Details

Keywords: Negotiation Process; Negotiation Participants; Foreign Direct Investment; Acquisition; Cross-Cultural and Cross-Border Issues; Banks and Banking; Banking Industry; San Francisco; South Korea

March 2013 (Revised July 2014)
Case

Bay Partners (A)

By: Josh Lerner and Lauren Barley

In April 2010, Salil Deshpande has recently resigned from Palo Alto, California-based Bay Partners (Bay) where he had been a general partner. Although Deshpande had built a successful track record at the venture firm, he resigned with two other Bay general partners as... View Details

Keywords: Risk and Uncertainty; Risk Management; Venture Capital; Conflict Management; Partners and Partnerships; Resignation and Termination; Policy; Management Teams; Financial Services Industry; California

March 2001 (Revised June 2003)
Case

FDI in China

China is one of the most popular investment destinations in the world. Throughout much of the 1990s, China accounted for 50% of foreign direct investment (FDI) going into developing countries, and between 1994 and 1997, China was the second-largest recipient of FDI in... View Details

Keywords: Competition; Foreign Direct Investment; China

Article

On the Division of Profit in Sequential Innovation

By: Jerry R. Green and Suzanne Scotchmer

In markets with sequential innovation, inventors of derivative improvements might undermine the profit of initial innovators through competition. Profit erosion can be mitigated by broadening the first innovator's patent protection and/or by permitting cooperative... View Details

Keywords: Profit; Innovation and Invention

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April 2018
Exercise

Stoy Foods: Role Information for Danijela Stoyanovic

By: John Beshears

In this simulation exercise, four family members must negotiate over the future of the family business. Should the business be sold to a strategic buyer, or should the family retain control? If the business is sold, how should the proceeds of the sale be distributed... View Details

Keywords: Succession; Sale Of Business; Understanding Interests; Value Creation; Family Business; Business Exit or Shutdown; Negotiation; Perspective; Agreements and Arrangements

03 Jan 2017
First Look

January 3, 2017

https://www.hbs.edu/faculty/Pages/item.aspx?num=49779 BATNAs in Negotiation: Common Errors and Three Kinds of 'No' By: Sebenius, James K. Abstract—The Best Alternative To a Negotiated Agreement (“BATNA”) concept in negotiation has proved... View Details

Keywords: Carmen Nobel

November 2014
Case

Jazztel

By: Jay Lorsch and Emily McTague

In October 2004 Fernández Pujals, founder of Telepizza, an international home delivery pizza business, bought 24.9% of Jazztel (€90 million), a telecom company. At the time, Jazztel was near bankruptcy and needed a capital injection to finish the year. Over the next... View Details

April 2006 (Revised June 2008)
Case

Peoplepower, Inc.: The Republic of the Philippines

By: Noel Maurer

In 2006, the Philippines faces a difficult choice. Japan has offered the country a trade agreement that includes access to the Japanese labor market for Philippine nurses and other professionals. The same trade agreement, however, means opening the country's... View Details

Keywords: Diasporas; Developing Countries and Economies; Trade; Foreign Direct Investment; Human Capital; Business and Government Relations; Conflict and Resolution; Japan; Philippines

April 2018
Exercise

Stoy Foods: Role Information for Petja Stoyanovic

By: John Beshears

In this simulation exercise, four family members must negotiate over the future of the family business. Should the business be sold to a strategic buyer, or should the family retain control? If the business is sold, how should the proceeds of the sale be distributed... View Details

Keywords: Succession; Sale Of Business; Understanding Interests; Value Creation; Family Business; Business Exit or Shutdown; Negotiation; Ownership Stake; Perspective; Agreements and Arrangements

February 2011 (Revised August 2011)
Case

Brazil: Leading the BRICs?

By: Arthur A. Daemmrich and Aldo Musacchio

Brazil's new president, Dilma Rousseff, had announced plans to sustain GDP growth above 5% annually and continue the country's leadership role among emerging economies. Between 2003 and 2010, Brazil benefited from strong economic growth and stable policies under the... View Details

Keywords: Developing Countries and Economies; Intellectual Property; Infrastructure; Economic Growth; Trade; International Relations; Economic Systems; Globalization; Corporate Strategy; Brazil; Russia; India; China; United States

January 1997 (Revised October 2000)
Case

Lynton V. Harris & Madison "Scare" Garden (A)

By: Michael A. Wheeler and Guhan Subramanian

A young entrepreneur, Lynton V. Harris, who successfully staged family-oriented shows in his native Australia and who had several entertainment ventures in the United States, is on the verge of signing an agreement with Madison Square Garden to jointly produce a new... View Details

Keywords: Negotiation; Entertainment and Recreation Industry; New York (city, NY)

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November 1985
Case

Riverside and DEC--General Information

A negotiation exercise between Riverside Lumber Co. and the Division of Environmental Conservation about reducing the effects of effluent discharge in a river. Students are assigned to a role and receive confidential information including a scoring system detailing the... View Details

Keywords: Negotiation; Environmental Sustainability; Pulp and Paper Industry

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