Publications

23 Feb 2021
Research & Ideas

COVID-19 Shines New Light on Working Conditions in Supply Chains

more than 20 years, the devastation in meatpacking is just one example of how lax regulation can make a grave situation deadly. The lack of safety guidance from the US Occupational Health and Safety... View Details

Keywords: by Danielle Kost; Apparel & Accessories

September 2001 (Revised January 2002)
Case

The American Medical Association-Sunbeam Deal (C): Denouement

By: Ashish Nanda and Kimberly A. Haddad

On September 5, 1997, the American Medical Association(AMA) withdrew from a contract with Sunbeam Corporation, the maker of small home appliances. Sunbeam sued the AMA to pay for the damages or to comply with the contract. The fracas led to the dismissal of three top... View Details

Keywords: Medical Services; Appliances; Lawsuit; Litigation; Professionalism; Contracts; Corporate Accountability; Organizations; Lawsuits and Litigation; Consumer Products Industry; Health Industry; United States

April 2009 (Revised March 2010)
Background Note

Restructuring Distressed Companies -- Cross-National Comparisons

By: William E. Fruhan

This note describes briefly bankruptcy regimes and out of court restructuring in 5 countries, the U.S., the U.K., Germany, France and Japan. View Details

Keywords: Restructuring; Insolvency and Bankruptcy; Cross-Cultural and Cross-Border Issues; Laws and Statutes

March 2025
Case

Metaphysic AI: Rethinking the Value of Human Expertise

By: Zoë B. Cullen, Shikhar Ghosh and Shweta Bagai

In early 2025, Thomas Graham, CEO of Metaphysic, a leading AI generative video company confronted fundamental questions about who should control digital identity in a world where AI could perfectly recreate human likeness. Founded in 2021, Metaphysic first rose to fame... View Details

Keywords: Business Model; Ethics; AI and Machine Learning; Intellectual Property; Rights; Negotiation; Motion Pictures and Video Industry; Motion Pictures and Video Industry

October 2015
Article

Managing the Performance Tradeoffs from Partner Integration: Implications of Contract Choice in R&D Projects

By: Alan MacCormack and Anant Mishra

Formal contracts represent an important governance instrument with which firms exercise control of and compensate partners in R&D projects. The specific type of contract used, however, can vary significantly across projects. In some, firms govern partnering... View Details

Keywords: ＂＂Partner Integration; Contract Choice; R＆D Project Management; Relational Contracts; Partnering Performance; Research and Development; Projects; Partners and Partnerships; Performance; Contracts

Find at Harvard

June 12, 2023
Article

The Limits of Capacity Building for Investment Contract Negotiations

By: Karl P. Sauvant, Vanessa Sze Wai Tsang and Louis T. Wells

Developing countries must negotiate the best possible investment contracts with foreign investors at the outset. Donor organizations regularly push for “capacity building” to create technical expertise for negotiations within host country governments. But building and... View Details

Keywords: International Finance; Contracts; Negotiation

SSRN

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November 2004 (Revised June 2005)
Case

Mall of America (A)

By: Lynn S. Paine and Christopher Bruner

Explores fiduciary duty issues that arose in litigation among partners in the partnership that owned and controlled the Mall of America. Describes the complex real estate transaction in which one partner attempted to purchase an additional interest in the mall from a... View Details

Keywords: Ethics; Business Organization; Lawsuits and Litigation; Partners and Partnerships; Property; Investment; Retail Industry; United States

04 Jul 2011
Research & Ideas

Making the Case for Consumer-Driven Health Care

While some consider it President Obama's greatest accomplishment, the Patient Protection and Affordable Care Act also has been the target of constant scrutiny and scorn since it was signed into View Details

Keywords: by Carmen Nobel; Health

September 2010 (Revised February 2013)
Background Note

The Cage-Free Egg Movement

By: Michael W. Toffel and Stephanie van Sice

Describes the social movement confronting conventional egg production techniques (battery cages) based on animal welfare concerns, and some merits and drawbacks of cage-free alternatives. Highlights animal rights activist campaigns, political and regulatory responses,... View Details

Keywords: Animal-Based Agribusiness; Governing Rules, Regulations, and Reforms; Rights; Supply Chain Management; Natural Environment; Social Issues; Competitive Strategy; Agriculture and Agribusiness Industry

February 2009 (Revised February 2022)
Case

Fannie Mae: Public or Private?

By: David A. Moss, Cole Bolton and Kimberly Hagan

In 1987, President Ronald Reagan established the President's Commission on Privatization to identify federal government functions that could be shifted to the private sector. One agency that the Commission considered was the Federal National Mortgage Association, or... View Details

Keywords: Restructuring; Financial Institutions; Mortgages; Government and Politics; Business History; Privatization; Private Sector; Laws and Statutes; United States

July 2011
Background Note

Just an MOU or a Real Deal?

By: Lena G. Goldberg and Mary Beth Findlay

Notwithstanding the professed intention of a party to an MOU, a "preliminary" agreement can have binding effect. This note explores the circumstances under which MOUs may give rise to binding and enforceable agreements. View Details

Keywords: Curriculum and Courses; Contracts; Legal Liability; Management; Risk Management

2016
Working Paper

Who Pays for White-Collar Crime?

By: Paul Healy and George Serafeim

Using a proprietary dataset of 667 companies around the world that experienced white-collar crime, we investigate what drives punishment of perpetrators of crime. We find a significantly lower propensity to punish crime in our sample, where most crimes are not reported... View Details

Keywords: Crime; Gender Bias; Women; Women Executives; Corruption; Legal Aspects Of Business; Firing; Human Capital; Human Resource Management; Prejudice and Bias; Crime and Corruption; Judgments; Law Enforcement; Human Resources; Corporate Governance; Gender

SSRN

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October 2022 (Revised September 2023)
Case

SolarWinds Confronts SUNBURST (A)

By: Frank Nagle, George A. Riedel, William R. Kerr and David Lane

On December 12, 2020, SolarWinds learned that malware had been inserted in its software, potentially granting hackers access to thousands and thousands of its 300,000 customers. General Counsel Jason Bliss needed to orchestrate the company response without knowing how... View Details

Keywords: Cyberattacks; Cybersecurity; Corporate Disclosure; Crisis Management; Customer Focus and Relationships; Legal Liability; Information Technology Industry; United States

24 Sep 2014
Op-Ed

The Climate Needs Aggressive CEO Leadership

Corporations are facing great uncertainty. For the world to avoid the worst impacts of climate change, the United States eventually will have to put a price on carbon dioxide emissions, as has been done by Europe, parts of Canada, and California. To plan for the... View Details

Keywords: by Michael Toffel & Auden Schendler; Energy; Utilities

January 2019
Case

Data.gov (Abridged)

By: Karim R. Lakhani, Robert D. Austin and Yumi Yi

This case presents the logic and execution underlying the launch of Data.gov, an instantiation of President Obama's initiative for transparency and open government. The process used by Vivek Kundra, the federal CIO, and his team to rapidly develop the website and to... View Details

Keywords: Safety; Rights; Analytics and Data Science; Internet and the Web; Ethics; Cost vs Benefits; Innovation and Management; Information Management; Public Administration Industry; Information Industry; United States

Keywords: Finance

April 2006 (Revised August 2007)
Case

BitTorrent

Involves the copyright issues associated with Bram Cohen's revolutionary software program BitTorrent, which makes it possible to transfer very large files, such as movies, at a high speed over the Internet. The program, which is available for free over the Internet, is... View Details

Keywords: Lawfulness; Lawsuits and Litigation; Applications and Software; Copyright; Internet and the Web