Publications

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2014
Article

Delaware's Choice

By: Guhan Subramanian

This article first documents the shift to annual elections of all directors at most U.S. corporations and argues that the alternative of "ineffective" staggered boards would have been more desirable, as a policy matter, but is now a missed opportunity. Using this... View Details

Keywords: Governing and Advisory Boards; Laws and Statutes; Policy; Delaware

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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

01 Sep 2010
News

Letters to the Editor

and consequences. Boards and managers cannot simply be regulated into managing their companies in a responsible manner. Here’s an idea we might try. The United States has... View Details

Keywords: Securities, Commodities, and Other Financial Investments; Securities, Commodities, and Other Financial Investments

29 May 2006
What Do You Think?

How Important Is the “Service Sector Effect” on Productivity?

system of laws and regulations that provide more latitude to large organizations in their dealings with employees, customers, suppliers, and... View Details

Keywords: by James Heskett; Service

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

SSRN

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Article

Bargaining with Imperfect Enforcement

By: Lucy White and Mark Williams

The game-theoretic bargaining literature insists on non-cooperative bargaining procedure but allows 'cooperative' implementation of agreements. The effect of this is to allow free-reign of bargaining power with no check upon it. In reality, courts cannot... View Details

Keywords: Agreements and Arrangements; Body of Literature; Contracts; Motivation and Incentives; Code Law; Game Theory

01 Dec 2004
News

One-on-One with William H. Donaldson

major securities laws and the formation of the SEC. We were in the same sort of turbulent period but with one major difference. In 1929, not that many people were invested in the stock market. This time... View Details

Keywords: Roger Thompson; Finance; Administration of Economic Programs; Government

31 Oct 2019
Video

Dato' Sri Tahir

Daro’ Sri Tahir, founder of a large financial service group in Indonesia, argues that the whole eco-system of the country is corrupt, with businesses pursuing strategies which make no economic sense, and then... View Details

18 Sep 2012
First Look

First Look: September 18

about it. We discuss the implications of these results for collaborations in the social realm. Download the paper: http://www.hbs.edu/research/pdf/13-028.pdf License to Cheat: Voluntary Regulation and... View Details

Keywords: Sean Silverthorne

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

December 2017
Case

Charity or Bribery?

By: Eugene Soltes and Brian Tilley

Filip Kowalski, a senior manager at the pharmaceutical company Healthgen, leads sales for the firm’s Polish division. While pitching Healthgen’s products, he develops a relationship with a director of a regional health fund who also runs a private foundation. After a... View Details

Keywords: Bribery; Crime and Corruption; Law; Ethics; Philanthropy and Charitable Giving; United States; Europe

Career Coach

Phillip Andrews

Phillip (MPA, New Hampshire ’06; JD, Suffolk Law ’09) is formerly a Corporate Relations Director in HBS Career & Professional Development responsible for employer relations in Africa, Europe, Latin America, View Details

Keywords: Consulting; Education; Emerging Markets; Investment Management; Financial Services (All); Private Equity; Financial Services (All); Venture Capital; Financial Services (All); Government; Social Enterprise; Clean Technology; Energy; Telecommunications; Impact Investing; Financial Services (All); Manufacturing; Auto/Transportation/Logistics

December 2019 (Revised June 2024)
Case

The Dutch East India Company in 1612 (A)

By: Lynn S. Paine and Giuseppe Dari-Mattiacci

The Dutch East India Company’s board of directors must decide what to do about an impending legal requirement to liquidate the company’s assets and return to shareholders their capital and any profits earned during a ten-year lock-up period. The charter granted to the... View Details

Keywords: Corporate Governance; Globalized Firms and Management; Organizational Structure; Laws and Statutes; Financial Markets; Business and Shareholder Relations; Business and Government Relations; Business History; Shipping Industry; Netherlands

Article

To Drive Efforts...Don't Tiptoe Around Your Legal Risk

By: Edward Chang and Bonnie Levine

Many Diversity, Equity, and Inclusion (DEI) initiatives are scuttled because DEI leaders and legal teams feel themselves to be at odds over questions of acceptable risk. DEI leaders see lawyers as guardians of the status quo, whereas legal experts, trained to... View Details

Keywords: Diversity; Risk Management; Legal Liability

June 2008
Journal Article

Strategic Alliances: Bridges Between 'Islands of Conscious Power'

By: George P. Baker, Robert Gibbons and Kevin J. Murphy

Strategic alliances range from unstructured collaborations, through consortia and joint ventures that superimpose new governance structures on existing firms, to transactions that restructure firm boundaries and asset ownership. In this paper, we draw on detailed... View Details

Keywords: Governance; Contracts; Agreements and Arrangements; Alliances; Strategy; Theory

May 2011 (Revised June 2011)
Case

The Crisis at Tyco - A Director's Perspective

By: Suraj Srinivasan and Aldo Sesia

In 2002, Wendy Lane had been a member of the board of directors at Tyco International a little more than a year when the company's CEO Dennis Kozlowski and other top executives were accused of fraud, which ultimately led to resignations, imprisonments, lawsuits, and... View Details

Keywords: Management Teams; Reputation; Governing and Advisory Boards; Crisis Management; Accounting Audits; Problems and Challenges; Risk Management; Finance; Managerial Roles; Lawsuits and Litigation; Service Industry; United States

November 2002 (Revised June 2003)
Case

Merchant Card Services, Inc. (A)

By: Constance E. Bagley and David Lane

Explores the interaction between a venture capital firm that negotiates a good deal for itself and the portfolio company that seeks to extricate itself from its obligations. Exemplifies the potential conflicts between the fiduciary duty of board members and the... View Details

Keywords: Negotiation Deal; Legal Liability; Conflict and Resolution; Financial Services Industry