Publications

March 2006
Case

EMC Corporation: Proposed Acquisition of VMware

By: Constance E. Bagley, Carin-Isabel Knoop and Chris Lombardi

Involves the decision by the CEO of EMC Corp. whether to acquire VMware, a small software firm in California that makes virtualization software. Among the factors to be considered are a pending patent case involving WMare and Microsoft and integration challenges... View Details

Keywords: Patents; Decision Choices and Conditions; Lawsuits and Litigation; Applications and Software; Acquisition; Information Technology Industry; California

Article

"Troll" Check? A Proposal for Administrative Review of Patent Litigation

By: Lauren Cohen, John Golden, Umit Gurun and Scott Duke Kominers

The patent system is commonly justified as a way to promote social welfare and, more specifically, technological progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals. Particularly in the United... View Details

Keywords: Patent Trolls; Patents; Lawsuits and Litigation

Read Now

22 Nov 2016
First Look

November 22, 2016

https://www.hbs.edu/faculty/Pages/item.aspx?num=50058 Fall 2016 Administrative & Regulatory Law News The Integrity of Private Third-party Compliance Monitoring By: Short, Jodi L., and Michael W. Toffel... View Details

Keywords: Sean Silverthorne

March 2009 (Revised March 2010)
Case

Groupe Eurotunnel S.A. (A)

By: Stuart C. Gilson, Vincent Marie Dessain and Sarah Abbott

In the summer of 2006, the chairman and CEO of Eurotunnel Group is faced with the decision whether to file for bankruptcy protection, after having failed to gain creditor approval of an ambitious out-of-court restructuring plan. The company, which has been attempting... View Details

Keywords: Restructuring; Capital Structure; Insolvency and Bankruptcy; Laws and Statutes; Risk Management; Rail Industry; France; United Kingdom

02 Oct 2008
What Do You Think?

Workout vs. Bailout: Should Government Take Advantage of the Buffett Effect?

party." This sparked a side discussion about regulation. As Wilson Kimutai put it, "If we bring in Government to bail out, more regulation should be brought to stabilize the market." David Moore echoed this thought View Details

Keywords: by Jim Heskett

09 Aug 2016
First Look

August 9, 2016

anti-predatory laws to instrument for an outward shift in the supply of credit. First, a comparison between counties in the top and bottom deciles of presence of national banks in states with anti-predatory... View Details

Keywords: Sean Silverthorne

July 1982 (Revised August 2006)
Background Note

Tax Factors in Business Combinations

By: Henry B. Reiling

Discusses the theory and rules governing the taxation of business combinations (mergers and acquisitions). Related information from state corporate law, federal securities law, accounting, and finance is also provided. A rewritten version of an earlier note. View Details

Keywords: Taxation; Mergers and Acquisitions; Law

August 2002 (Revised July 2003)
Case

LAE Enterprises Corp.

Jay Entrepreneur had to decide whether it was worth his time to plow through a 12-page term sheet for a Series A round of preferred stock prepared by HBS Investors, a well-established venture capital firm that did seed, early-round, and mezzanine financings. He could... View Details

Keywords: Venture Capital; Contracts; Decision Choices and Conditions; Business Startups; Medical Devices and Supplies Industry

May 2010
Article

Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008

By: Guhan Subramanian, Steven Herscovici and Brian Barbetta

Delaware's antitakeover statute, codified at Section 203 of the Delaware corporate code, is by far the most important antitakeover statute in the United States. When it was first enacted in 1988, three bidders challenged its constitutionality under the Commerce Clause... View Details

Keywords: Courts and Trials; Opportunities; Bids and Bidding; Laws and Statutes; Decisions; Change; Acquisition; United States

Find at Harvard

Article

Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution

By: Fabrice Lumineau and Deepak Malhotra

This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contractual detail... View Details

Keywords: Governance Controls; Contracts; Rights; Negotiation; Conflict and Resolution; Power and Influence

Find at Harvard

15 Aug 2007
Op-Ed

3 Steps to Reduce Financial System Risk

best equipped to handle such a complex task. Especially when compared with bank regulators and boards, bodies overseeing insurance companies and pension funds have had limited... View Details

Keywords: by Mohamed El-Erian; Financial Services; Banking

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

08 Nov 2016
First Look

November 8, 2016

competition law and, where appropriate, suggest remedies to right the violations we uncover. Publisher's link: https://www.hbs.edu/faculty/Pages/item.aspx?num=51875 2016 Transformational Change in Environmental View Details

Keywords: Sean Silverthorne

July 2003
Background Note

Expropriation in International Business

By: Geoffrey G. Jones and Meghan Gallagher-Kernstine

Covers several important expropriation cases in international business from the 20th century and highlights the legal and political difficulties these companies faced. Serves to explain expropriation, to stress the vulnerability of foreign direct investments to... View Details

Keywords: Foreign Direct Investment; Global Strategy; Government and Politics; Common Law; Risk Management; Property; Risk and Uncertainty

November 2013 (Revised January 2015)
Case

Obamacare

By: Matthew Weinzierl and Katrina Flanagan

One vote in June, 2012, decided the fate of President Barack Obama's crowning first-term achievement: universal health insurance. Chief Justice John Roberts of the U.S. Supreme Court cast the deciding vote to uphold the keystone of the reform: the mandate to purchase... View Details

Keywords: Universal Health Insurance; Adverse Selection; Leviathan; Courts and Trials; Judgments; Insurance; Health Care and Treatment; Government and Politics; Insurance Industry; Public Administration Industry; Health Industry; United States

December 2008 (Revised February 2015)
Case

A.J. Washington: Retaining an NFL Star

By: Andrew Wasynczuk and Nicole Shae Bennett

General Manager Luke Kolville, of the Los Angeles Spartans, struggles with the best approach to negotiate a long-term contract for his star quarterback. The agent for Washington is relatively new to the industry and has his sights set particularly high. Kolville needs... View Details

Keywords: Retention; Human Capital; Contracts; Managerial Roles; Negotiation; Groups and Teams; Sports Industry; Los Angeles

March 2010 (Revised January 2011)
Case

Carrot or Stick? Getting Paid for Innovation at Tessera Technologies

By: Willy C. Shih

Tessera Technologies has been very successful developing technologies for the semiconductor and mobile device industry, and then licensing them broadly to manufacturers. In addition to licensing patents, it also supplies know-how to help manufacturers move into... View Details

Keywords: Business Model; Innovation Strategy; Patents; Courts and Trials; Rights; Mobile Technology; Semiconductor Industry; California

October 1997 (Revised November 1997)
Case

NAACP, The

By: James E. Austin, Paul Barese, Stephanie L. Woerner and Elaine V. Backman

In February 1995, the National Association for the Advancement of Colored People (NAACP), the largest civil rights organization in the United States, was in the midst of a crisis. The executive director had been fired due to financial improprieties amid charges of... View Details

Keywords: Crime and Corruption; Capital; Governance Controls; Resignation and Termination; Selection and Staffing; Rights; Leadership; Management; United States

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