Publications

12 Jul 2004
Research & Ideas

Michael Porter’s Prescription For the High Cost of Health Care

care. Indeed, the threat of malpractice creates incentives for physicians and hospitals to hide their mistakes rather than own up to and eliminate them. Standards for malpractice litigation need to change. Lawsuits are appropriate only in... View Details

Keywords: by Michael E. Porter; Health

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

01 Jun 2022
News

Vision: Into the Breach

professionals from lawsuits filed by clients and customers (typically related to medical malpractice or errors in provided services). Diversifying its offerings will give At-Bay access to a larger market while further endearing it to the... View Details

Keywords: Alexander Gelfand

08 Nov 2018
Working Paper Summaries

Arbitration with Uninformed Consumers

Keywords: by Mark Egan, Gregor Matvos, and Amit Seru; Legal Services

September 2002
Case

Seattle Public Schools, 1995-2002 (C2): Race, Class, and School Choice

Presents the decision by the Federal Court of Appeals for the ninth Circuit in the spring of 2002 to invalidate Seattle's use of race as a factor in allocating space in Seattle's oversubscribed schools. Summarizes the posture and content of the litigation, including... View Details

Keywords: Management; Leadership; Income; Social Entrepreneurship; Race; Lawsuits and Litigation; Education; Education Industry; Seattle

fall 2008
Article

Typosquatting: Unintended Adventures in Browsing

By: Benjamin Edelman

"Typosquatting" is the practice of registering domain names, identical to or confusingly similar to trademarks and famous names, in hopes that users will accidentally request these sites—whereupon they will receive, typically, advertisements. This piece presents the... View Details

Keywords: Web; Advertising; Business Model; Lawsuits and Litigation; Profit; Practice

January 11, 2024
Article

Understanding the Tradeoffs of the Amazon Antitrust Case

By: Chiara Farronato, Andrey Fradkin, Andrei Hagiu and Dionne Lomax

Regulators in the United States and Europe have been taking on Big Tech, challenging what they say are the companies’ anti-competitive and predatory strategies that harm consumers and third-party users of their platforms. This article examines the FTC’s case against... View Details

Keywords: Monopoly; Governing Rules, Regulations, and Reforms; Market Design; Lawsuits and Litigation

Read Now

01 Sep 2003
What Do You Think?

To Whom Should Boards be Accountable?

discount in price in order to sell to an organization with a comparable journalistic reputation, the fear of a shareholder lawsuit limited the size of the discount, even in a company with a semi-public, family-controlled ownership. What,... View Details

Keywords: by James Heskett

03 May 2004
What Do You Think?

How Much Is Enough?

the executive suite has brought them unfavorable headlines, lawsuits and, at the extreme, jail time? Is it the kind of thinking that could, if translated into practical examples and exercises, benefit prospective MBAs in search of... View Details

Keywords: by James Heskett

August 2005 (Revised April 2006)
Case

Rambus Inc., 2005

By: David B. Yoffie

Rambus is grappling with the ever-changing dynamics of the DRAM/semiconductor industry. The company is actively defending its patent portfolio through litigation and exploring both partnerships and industry standards for keys to future profitability and growth. How can... View Details

Keywords: Competition; Partners and Partnerships; Lawsuits and Litigation; Growth and Development Strategy; Semiconductor Industry; United States

April 2007 (Revised June 2008)
Background Note

USG

By: Elie Ofek and Kerry Herman

Serves as a background note for purposes of class discussion around next-generation innovation at USG. Describes the company, its products, and competitors. Of relevance is the fact that it recently filed for Chapter 11 due to litigation over asbestos-related claims.... View Details

Keywords: Insolvency and Bankruptcy; Innovation and Invention; Lawsuits and Litigation; Competition

Find at Harvard

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

13 May 2019
Working Paper Summaries

The Changing Landscape of Auditor Litigation and Its Implications for Audit Quality

Keywords: by Colleen Honigsberg, Shivaram Rajgopal, and Suraj Srinivasan; Accounting; Legal Services

Article

Contested Meanings of Freedom: Workingmen's Wages, the Company Store System and the Godcharles v. Wigeman Decision

By: Laura Phillips Sawyer

In 1886, the Pennsylvania Supreme Court struck down a law that prohibited employers from paying wages in company store scrip and mandated monthly wage payments. The court held that the legislature could not prescribe mandatory wage contracts for legally competent... View Details

Keywords: Wages; Rights; Fairness; Lawsuits and Litigation; Laws and Statutes; Pennsylvania

Find at Harvard

January 2022 (Revised January 2023)
Technical Note

Legal Analysis: Sexual Misconduct in the Workplace

By: J.S. Nelson and Trevor Fetter

This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and... View Details

Keywords: Crime and Corruption; Gender; Social Psychology; Behavior; Lawsuits and Litigation

June 1989 (Revised May 1993)
Supplement

Rossin Greenberg Seronick & Hill, Inc. (C)

By: John A. Quelch

Teaching objectives: 1) to consider legal and other obligations advertising agencies owe to their clients, 2) to show how aggressive marketing can lead to allegations of misconduct, 3) to explore conflicts of interest which may arise for professional service companies... View Details

Keywords: Conflict of Interests; Ethics; Lawsuits and Litigation; Marketing; Advertising; Advertising Industry; New England

03 Sep 2020
Op-Ed

Why American Health Care Needs Its Own SEC

in-network and out-of-network providers, and disclose consumers’ cost-sharing liability. Hospitals and insurers lost their lawsuit to block these rules from coming into effect, but say they will appeal. Their lobbying clout is powerful... View Details

Keywords: by Regina E. Herzlinger; Health

January 2004 (Revised September 2004)
Background Note

Confidentiality in Settlement Negotiations: Ethics & Law

By: Michael A. Wheeler, Dana Nelson and Gillian Morris

Legal policy has a long history of protecting confidentiality of negotiations that are designed to produce settlement. However, within the past several decades there has been a significant push toward openness. Compelling arguments support confidentiality: It helps... View Details

Keywords: Ethics; Lawsuits and Litigation; Attorney and Client Relationships; Policy; Corporate Disclosure; Negotiation