Publications

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February 2002
Background Note

States vs. Microsoft, The

By: Michael A. Wheeler and Gillian Morris

Although the federal Justice Department managed to settle its massive antitrust litigation against Microsoft in 2001, the state suit against the company continued. State attorney generals, perhaps emboldened by their recent victory over the Big Five tobacco companies,... View Details

Keywords: Service Operations; Public Ownership; Private Ownership; Negotiation Deal; Goals and Objectives; Lawsuits and Litigation; Decision Making; Information Industry; Legal Services Industry

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26 Sep 2017
First Look

First Look at New Research and Ideas, September 26, 2017

infringement lawsuits in U.S. district courts. The results of this review would be nonbinding but admissible in later court proceedings. Whether conducted by an independent Patent Litigation Review Board or a division of the U.S. Patent... View Details

Keywords: Sean Silverthorne

19 May 2016
Research Event

Crowdsourcing, Patent Trolls, and Other Research Insights Highlighted at Harvard Business School Symposium

average value. (Contests) allow me to find the extreme value.” Curbing the patent trolls Another research presentation focused on the adverse effects around patent litigation, which has increased sharply in the last decade. In fact, 2015 saw the one of the highest... View Details

Keywords: by Dina Gerdeman & Carmen Nobel

August 2023
Article

Financing the Litigation Arms Race

By: Samuel Antill and Steven R. Grenadier

Using a dynamic real-option model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous implications for total ex-post litigant surplus. A defendant and a plaintiff bargain over a settlement payment. The... View Details

Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Lawsuits and Litigation; Financing and Loans

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July 2012
Case

El Paso's Sale to Kinder Morgan

By: John Coates, Clayton Rose and David Lane

On October 16, 2011, El Paso agreed to sell itself to Kinder Morgan for just over $21 billion. Shareholders filed suit, arguing that the process was tainted by conflict and that a higher price could be obtained. Delaware Chancellor Leo Strine agreed with the plaintiffs... View Details

Keywords: El Paso; Kinder Morgan; Goldman Sachs; Leo Strine; Conflicts Of Interest; Corporate Governance; Relationships; Lawsuits and Litigation; Energy Industry; Banking Industry; United States

September 2002 (Revised June 2003)
Case

Cartier v. Metro

Metro, a German wholesaler, sued Cartier, a French luxury retailer, to require Cartier to honor Cartier's guarantee on its watches that Metro sold, even though Metro is not part of Cartier's selective distribution network. Is such a network incompatible with the... View Details

Keywords: Lawsuits and Litigation; Distribution Channels; Apparel and Accessories Industry; France; Germany; European Union

June 2001
Article

Playing by the Rules: How Intel Avoids Antitrust Litigation

By: David B. Yoffie and Mary Kwak

Keywords: Information Infrastructure; Lawsuits and Litigation; Computer Industry

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April 2024
Case

Qualcomm, Inc. in 2024

By: David B. Yoffie and Sarah von Bargen

Qualcomm was facing a new era in 2024. After a judge’s adverse anti-trust decision almost destroyed Qualcomm’s business model, the company was victorious on appeal. The new CEO was optimistic about new growth opportunities in technologies such as 5G, AI, and augmented... View Details

Keywords: Business Model; Lawsuits and Litigation; Growth and Development Strategy; Organizational Change and Adaptation; Valuation; Business Strategy; Technology Industry; United States; China

February 2020
Teaching Note

Theranos: Who Has Blood on Their Hands? (A) and (B)

By: Nien-he Hsieh and Christina R. Wing

Teaching Note for HBS Nos. 619-039 and 320-091. View Details

Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Lawsuits and Litigation; Medical Devices and Supplies Industry; California; United States

16 Jan 2014
Research & Ideas

Resolving Patent Disputes that Impede Innovation

rules tend to be surprisingly nebulous, especially considering the precise technical specifications of the patents at hand. In part because of the potential profits at stake, SEPs have been at the center of several recent multibillion-dollar View Details

Keywords: by Carmen Nobel; Technology; Legal Services

16 Dec 2008
First Look

First Look: December 16, 2008

School Note 309-022 A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World... View Details

Keywords: Sean Silverthorne

April 2011 (Revised March 2012)
Supplement

U.S. Healthcare Reform: Reaction to the Patient Protection and Affordable Care Act of 2010

By: Arthur A. Daemmrich

Supplement to "U.S. Healthcare Reform: International Perspectives" updating key events and disputes concerning the reform law, including the 2010 Congressional elections, legislative proposals, legal challenges, and responses by employers. View Details

Keywords: Governing Rules, Regulations, and Reforms; Government Legislation; Political Elections; Health Care and Treatment; Lawsuits and Litigation; Business and Government Relations; Public Opinion; Health Industry; Public Administration Industry; United States

29 Nov 2022
Cold Call Podcast

How Will Gamers and Investors Respond to Microsoft’s Acquisition of Activision Blizzard?

Keywords: Re: Joseph Pacelli; Technology; Media & Broadcasting

March 2025 (Revised April 2025)
Case

WallStreetBets: Democratizing Retail Investing

By: Joseph Pacelli and Alexis Lefort

In summer 2024, Jaime Rogozinski anticipated the launch of a day-trading eSports event, a vision he had nurtured for years. Rogozinski, the founder of the influential subreddit WallStreetBets (WSB), created the forum in 2012 as a space for retail traders to explore... View Details

Keywords: Investment; Emerging Markets; Market Participation; Financial Strategy; Lawsuits and Litigation; Social and Collaborative Networks; Financial Markets; Financial Services Industry; United States

February 2014
Teaching Note

Mylan Lab's Proposed Merger with King Pharmaceuticals

By: Lucy White

Perry Capital owns shares in King and, to facilitate approval of the merger, buys shares in Mylan, whilst hedging out its economic exposure to Mylan's share price using derivatives. The price at which Mylan proposes to merge with King is generous to King shareholders,... View Details

Keywords: Mergers and Acquisitions; Voting; Ethics; Stock Shares; Investment; Lawsuits and Litigation; Ownership Stake

January 2009 (Revised February 2014)
Case

Mylan Lab's Proposed Merger with King Pharmaceutical (Abridged)

By: Lucy White

Perry Capital owns shares in King and, to facilitate approval of the merger, buys shares in Mylan, whilst hedging out its economic exposure to Mylan's share price using derivatives. The price at which Mylan proposes to merge with King is generous to King shareholders,... View Details

Keywords: Mergers and Acquisitions; Voting; Ethics; Stock Shares; Investment; Lawsuits and Litigation; Ownership Stake

June 2001
Case

GE's Early Dispute Resolution Initiative (A)

By: Michael A. Wheeler and Gillian Morris

GE's chief litigation counsel sought to rationalize litigation flow by viewing it as a manufacturing process. By applying the principles of Six Sigma, P.D. Villareal created an Early Dispute Resolution (EDR) system that enabled both lawyers and managers to work... View Details

Keywords: Corporate Governance; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Six Sigma; Organizational Change and Adaptation; Problems and Challenges; Conflict and Resolution; Energy Industry; Technology Industry; United States