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    • All HBS Web  (2,314)
      • Faculty Publications  (386)

      Business LawRemove Business Law →

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      • 2009
      • Book

      Commentaries and Cases on the Law of Business Organization

      By: William T. Allen, Reinier H. Kraakman and Guhan Subramanian
      Updated throughout, the Third Edition of Commentaries and Cases on the Law of Business Organization continues to provide a refreshingly accessible economic analysis perspective. The distinguished team of authors introduces and explains economic concepts in a way... View Details
      Keywords: Business Organization; Economics; Law
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      Allen, William T., Reinier H. Kraakman, and Guhan Subramanian. Commentaries and Cases on the Law of Business Organization. 3rd ed. Aspen Publishing, 2009.
      • 2009
      • Other Unpublished Work

      The Pecora Hearings

      By: David Moss, Cole Bolton and Eugene Kintgen

      In 1932, in the depths of the Great Depression, the Senate Banking Committee began a much-publicized investigation of the nation's financial sector. The hearings, which came to be known as the Pecora hearings after the Banking Committee's lead counsel Ferdinand... View Details

      Keywords: Financial History; Financial Crisis; Financial Markets; Governing Rules, Regulations, and Reforms; Government Legislation; Laws and Statutes; Business and Government Relations; Financial Services Industry
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      Moss, David, Cole Bolton, and Eugene Kintgen. "The Pecora Hearings." 2009. (Draft case.)
      • January 2009 (Revised April 2009)
      • Case

      Disaster in April: The Obligations of Kelly Construction

      By: John D. Macomber, Christopher M. Gordon and Ben Creo
      A construction company experiences a crane accident with multiple fatalities. The CEO, a client, and an employee must make choices to meet the company's obligations. Set in 2006, the case looks at the choices faced by board members of a museum that is an important... View Details
      Keywords: Business Exit or Shutdown; Family Business; Insolvency and Bankruptcy; Governing and Advisory Boards; Compensation and Benefits; Contracts; Crisis Management; Construction Industry
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      Macomber, John D., Christopher M. Gordon, and Ben Creo. "Disaster in April: The Obligations of Kelly Construction." Harvard Business School Case 209-099, January 2009. (Revised April 2009.)
      • January 2009 (Revised October 2009)
      • Case

      GLOBALGAP: Food Safety and Private Standards

      By: David E. Bell and Mary Louise Shelman
      In response to new laws governing liability and several food safety scares in the 1990s, European retailers drove the creation of a universal production standard based on Good Agricultural Practices (GAP) for fresh fruit and vegetables and a third-party certification... View Details
      Keywords: Agribusiness; Food; Governance Compliance; Governing Rules, Regulations, and Reforms; Business and Government Relations; Safety; Agriculture and Agribusiness Industry; Europe
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      Bell, David E., and Mary Louise Shelman. "GLOBALGAP: Food Safety and Private Standards." Harvard Business School Case 509-004, January 2009. (Revised October 2009.)
      • December 2008 (Revised April 2010)
      • Case

      Proteus Biomedical: Making Pigs Fly

      By: Richard G. Hamermesh, Lauren Barley and Ginger Graham
      Proteus is a healthcare start-up that has developed technology to embed electronics for computing and sensing in existing medical devices and drugs. The technology could potentially change the basis of competition in the pharmaceutical industry. The company is... View Details
      Keywords: Business Startups; Entrepreneurship; Technological Innovation; Rights; Negotiation Deal; Business Strategy; Health Industry; Medical Devices and Supplies Industry; Pharmaceutical Industry
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      Hamermesh, Richard G., Lauren Barley, and Ginger Graham. "Proteus Biomedical: Making Pigs Fly." Harvard Business School Case 809-051, December 2008. (Revised April 2010.)
      • October 2008 (Revised September 2009)
      • Case

      Consumer Lending in Japan: Citi CFJ (A)

      By: J. Gunnar Trumbull and Akiko Kanno
      Despite a tradition of high household savings, Japan has supported a dynamic and technically sophisticated consumer-lending sector. The high profitability of the sector has periodically attracted interest from domestic banks as well as international investors. Most... View Details
      Keywords: Mergers and Acquisitions; Financing and Loans; Foreign Direct Investment; Personal Finance; Courts and Trials; Business and Government Relations; Banking Industry; Japan
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      Trumbull, J. Gunnar, and Akiko Kanno. "Consumer Lending in Japan: Citi CFJ (A)." Harvard Business School Case 709-017, October 2008. (Revised September 2009.)
      • October 2008
      • Article

      It's Time to Make Management a True Profession

      By: Nitin Nohria and Rakesh Khurana
      In the face of the recent institutional breakdown of trust in business, managers are losing legitimacy. To regain public trust, management needs to become a true profession in much the way medicine and law have, argue Khurana and Nohria of Harvard Business School. True... View Details
      Keywords: Competency and Skills; Education; Ethics; Corporate Accountability; Management; Trust; Value Creation
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      Nohria, Nitin, and Rakesh Khurana. "It's Time to Make Management a True Profession." Harvard Business Review 86, no. 10 (October 2008).
      • September 2008 (Revised October 2008)
      • Case

      Shareholder Activists at Friendly Ice Cream (A1)

      By: Fabrizio Ferri, V.G. Narayanan and James Weber
      Two activist investors, one a founder and one a hedge fund manager, seek to improve board oversight at a chain restaurant company. Prestley Blake founded Friendly Ice Cream in 1935 with his brother, and the two created a chain of full-service restaurants. In 1979, they... View Details
      Keywords: Investment Activism; Governing and Advisory Boards; Lawsuits and Litigation; Business or Company Management; Business and Shareholder Relations; Conflict of Interests; Food and Beverage Industry; United States
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      Ferri, Fabrizio, V.G. Narayanan, and James Weber. "Shareholder Activists at Friendly Ice Cream (A1)." Harvard Business School Case 109-013, September 2008. (Revised October 2008.)
      • September 2008 (Revised October 2008)
      • Supplement

      Shareholder Activists at Friendly Ice Cream (A2)

      By: V.G. Narayanan, Fabrizio Ferri and James Weber
      The A1 and A2 versions of the “Shareholder Activists at Friendly Ice Cream (A)” split the original A case into two parts. The A1 case ends as activists Sardar Biglari and Phil Cooley prepare to meet with CEO Don Smith at Friendly's headquarters in September 2006. The... View Details
      Keywords: Investment Activism; Business and Shareholder Relations; Governing and Advisory Boards; Conflict and Resolution; Lawsuits and Litigation; Business or Company Management; Food and Beverage Industry; United States
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      Narayanan, V.G., Fabrizio Ferri, and James Weber. "Shareholder Activists at Friendly Ice Cream (A2)." Harvard Business School Supplement 109-014, September 2008. (Revised October 2008.)
      • July 2008 (Revised June 2012)
      • Case

      Corruption in Germany

      By: Rawi E. Abdelal, Rafael Di Tella and Jonathan Schlefer
      Why do managers become corrupt? Does corruption ever pay? When do friendly relations cross into bribery? How can CEOs manage and prevent outbreaks of corruption? These and other questions are raised by three short case studies of corruption in Germany: at the global... View Details
      Keywords: Crime and Corruption; Law; Managerial Roles; Practice; Conflict of Interests; Germany
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      Abdelal, Rawi E., Rafael Di Tella, and Jonathan Schlefer. "Corruption in Germany." Harvard Business School Case 709-006, July 2008. (Revised June 2012.)
      • May 2008 (Revised March 2010)
      • Supplement

      Palm (B): 2001

      By: Ramon Casadesus-Masanell, Kevin Boudreau and Jordan Mitchell
      This case series looks at three important inflection points in Palm's history that relate to decisions about its platform: when the company was debating whether to open its operating system (OS) for licensing to third-party hardware manufacturers; 2001, when the... View Details
      Keywords: History; Decisions; Business Model; Technological Innovation; Strategy; Value Creation; Digital Platforms; Rights; Competition; Computer Industry
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      Casadesus-Masanell, Ramon, Kevin Boudreau, and Jordan Mitchell. "Palm (B): 2001." Harvard Business School Supplement 708-515, May 2008. (Revised March 2010.)
      • May 2008 (Revised March 2010)
      • Supplement

      Palm (C): 2005

      By: Ramon Casadesus-Masanell, Kevin Boudreau and Jordan Mitchell
      This case series looks at three important inflection points in Palm's history that relate to decisions about its platform: when the company was debating whether to open its operating system (OS) for licensing to third-party hardware manufacturers; 2001, when the... View Details
      Keywords: History; Decisions; Business Model; Technological Innovation; Value Creation; Digital Platforms; Rights; Competition
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      Casadesus-Masanell, Ramon, Kevin Boudreau, and Jordan Mitchell. "Palm (C): 2005." Harvard Business School Supplement 708-516, May 2008. (Revised March 2010.)
      • May 2008 (Revised March 2010)
      • Supplement

      Palm (D): Epilogue as of 2008

      By: Ramon Casadesus-Masanell, Kevin Boudreau and Jordan Mitchell
      This case series looks at three important inflection points in Palm's history that relate to decisions about its platform: when the company was debating whether to open its operating system (OS) for licensing to third-party hardware manufacturers; 2001, when the... View Details
      Keywords: History; Decisions; Business Model; Technological Innovation; Value Creation; Digital Platforms; Rights; Competition
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      Casadesus-Masanell, Ramon, Kevin Boudreau, and Jordan Mitchell. "Palm (D): Epilogue as of 2008." Harvard Business School Supplement 708-517, May 2008. (Revised March 2010.)
      • May 2008
      • Article

      Coerced Confessions: Self-Policing in the Shadow of the Regulator

      By: Jodi L. Short and Michael W. Toffel
      As part of a recent trend toward more cooperative relations between regulators and industry, novel government programs are encouraging firms to monitor their own regulatory compliance and voluntarily report their own violations. In this study, we examine how regulatory... View Details
      Keywords: Governance Compliance; Law Enforcement; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Environmental Sustainability; Programs; Power and Influence; Organizations; Decisions; Business and Government Relations; United States
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      Short, Jodi L., and Michael W. Toffel. "Coerced Confessions: Self-Policing in the Shadow of the Regulator." Journal of Law, Economics & Organization 24, no. 1 (May 2008): 45–71.
      • April 2008 (Revised September 2008)
      • Case

      Shareholder Activists at Friendly Ice Cream (A)

      By: Fabrizio Ferri, V.G. Narayanan and James Weber
      Two activist investors, one a founder and one a hedge-fund manager, seek to improve board oversight at a chain restaurant company. Prestley Blake founded Friendly Ice Cream in 1935 with his brother, and the two created a chain of full-service restaurants. In 1979 they... View Details
      Keywords: Investment Activism; Governing and Advisory Boards; Lawsuits and Litigation; Business or Company Management; Business and Shareholder Relations; Conflict of Interests; Food and Beverage Industry; United States
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      Ferri, Fabrizio, V.G. Narayanan, and James Weber. "Shareholder Activists at Friendly Ice Cream (A)." Harvard Business School Case 108-024, April 2008. (Revised September 2008.)
      • March 2008 (Revised June 2012)
      • Background Note

      ADR Choices

      By: Michael Wheeler, James Sebenius and Marjorie Aaron
      Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to... View Details
      Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management
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      Wheeler, Michael, James Sebenius, and Marjorie Aaron. "ADR Choices." Harvard Business School Background Note 908-040, March 2008. (Revised June 2012.)
      • Article

      Czech Mate: Expropriation and Investor Protection in a Converging World

      By: Mihir A. Desai and Alberto Moel
      This paper examines the expropriation of a foreign investor by a local partner and the subsequent resolution of that case through international arbitration in favor of the investor. Despite the investor's 99% interest in joint venture, the local partner managed to... View Details
      Keywords: Joint Ventures; Capital Markets; Foreign Direct Investment; Geographic Location; Multinational Firms and Management; Governance Controls; Courts and Trials; Rights; Czech Republic; United States
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      Desai, Mihir A., and Alberto Moel. "Czech Mate: Expropriation and Investor Protection in a Converging World." Review of Finance 12, no. 1 (2008): 221–251. (This paper is a revised version of ECGI Working Paper No. 62/2004.)
      • 2008
      • Working Paper

      Contracting for Servicizing

      By: Michael W. Toffel
      Servicizing, a novel business practice that sells product functionality rather than products, has been touted as an environmentally beneficial business practice. This paper describes how servicizing transactions mitigate some problems associated with sales... View Details
      Keywords: Customer Focus and Relationships; Contracts; Market Transactions; Service Delivery; Service Operations; Sales
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      Toffel, Michael W. "Contracting for Servicizing." Harvard Business School Working Paper, No. 08-063, February 2008. (February 2008.)
      • January 2008 (Revised November 2009)
      • Case

      China's Evolving Labor Laws (A)

      By: Lynn Sharp Paine and Aldo Sesia Jr.
      The (A) case describes key provisions of the new labor contract law proposed by China's National People's Congress in 2006. The case invites students to consider how domestic and multinational companies should respond to the Chinese government's invitation to comment... View Details
      Keywords: Multinational Firms and Management; Government Legislation; Labor; Contracts; Laws and Statutes; Business and Government Relations; China
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      Paine, Lynn Sharp, and Aldo Sesia Jr. "China's Evolving Labor Laws (A)." Harvard Business School Case 308-092, January 2008. (Revised November 2009.)
      • January 2008 (Revised November 2009)
      • Supplement

      China's Evolving Labor Laws (B)

      By: Lynn Sharp Paine and Aldo Sesia Jr.
      The (B) case describes how the various business groups responded to the Chinese government's invitation to submit comments on its draft labor contract law and details the ensuing global controversy. The (B) case also describes changes made to the working draft and... View Details
      Keywords: Government Legislation; Labor; Contracts; Laws and Statutes; Business and Government Relations; Labor and Management Relations; Conflict and Resolution; China
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      Paine, Lynn Sharp, and Aldo Sesia Jr. "China's Evolving Labor Laws (B)." Harvard Business School Supplement 308-093, January 2008. (Revised November 2009.)
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