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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

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2002
Other Unpublished Work

Legal Management: The Case for a Managed Model for the Delivery of Legal Services

By: Ethan S. Bernstein

This essay takes a brief look at the innovations in the delivery of legal services made due to the expansion of the pre-paid sector and uses those changes in the power dynamics of the industry to make a compelling case for a more widespread, managed model. The managed... View Details

Keywords: Management; Law; Service Delivery; Legal Services Industry; United States

Article

Policy Implications of Weak Patent Rights

By: James J. Anton, Hillary Greene and Dennis Yao

Patents vary substantially in the degree of protection provided against unauthorized imitation. In this chapter we explore a range of work addressing the economic and policy implications of "weak" patents—patents that have a significant probability of being overturned... View Details

Keywords: Patents; Motivation and Incentives; Entrepreneurship; Competition; Policy; Innovation and Invention; Rights; Monopoly; Business Startups

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2017
Working Paper

Peer Effects on the United States Supreme Court

By: Matthew Lilley, Richard Holden and Michael Keane

Using data on essentially every US Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We consider both the impact of justice ideology and justice votes on the votes of their peers. To identify these peer effects we use two instruments.... View Details

Keywords: Supreme Court; Peer Effects; Voting Behavior; Legal System; Courts and Trials; Voting; Behavior

March 1984 (Revised October 2005)
Case

James vs. United States

By: Henry B. Reiling

The U.S. Supreme Court reconsiders two basically inconsistent prior Supreme Court decisions, overrules one and states that illegally acquired income must be reported. View Details

Keywords: Courts and Trials; Crime and Corruption; Judgments; Taxation; Public Administration Industry; United States

01 Jun 2010
News

$how Me the Money

petition that calls for greater transparency in the global financial system and stronger enforcement of international money-monitoring laws and regulations. For Baker, this is... View Details

Keywords: Garry Emmons; Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support

May 2009 (Revised June 2009)
Case

Geographical Indications: I Say "Kalamata", the EU Says "Black Olive" (A)

By: Robert C. Pozen and Ani Krishni Satchcroft

In April 2005, Alexandra was the owner of an Australian farm that produced olives, including Kalamata table olives. Alexandra had invested in the expansion of her farm in anticipation of the evolution of her market from domestic trade in Australia to international... View Details

Keywords: Plant-Based Agribusiness; Cross-Cultural and Cross-Border Issues; Trademarks; Rights; Conflict and Resolution; Business Strategy; Agriculture and Agribusiness Industry; European Union; Australia

Career Coach

Jing Lin Lee

clear recruiting roadmap from personal branding, networking, resume building, to preparing for interviews and negotiating / deciding between offers. Jing Lin’s industry experience spans across management consulting, tech, View Details

Keywords: Consulting; Emerging Markets; Fintech; Financial Services (All); Technology

August 2023 (Revised January 2024)
Supplement

Arla Foods: Data-Driven Decarbonization (B)

By: Michael Parzen, Michael W. Toffel, Susan Pinckney and Amram Migdal

The case describes Arla’s history, in particular its climate change mitigation efforts, and how it implemented a price incentive system to motivate individual farms to implement scope 1 greenhouse gas emissions mitigation measures and receive a higher milk price. The... View Details

December 1992 (Revised November 1993)
Exercise

Negotiation Exercise on Tradeable Pollution Allowances: Group C, Utility #3

By: Willis M. Emmons III

Describes the position of Utility #3 in negotiating Group C with respect to 1) its SO emissions reduction requirements; 2) the costs of its alternative compliance strategies; and 3) the nature of its state regulatory environment. View Details

Keywords: Negotiation Participants; Negotiation Process; Pollutants; Laws and Statutes; Governing Rules, Regulations, and Reforms; Governance Compliance; Utilities Industry; United States

20 Sep 2016
First Look

September 20, 2016

Abstract—We study the effect of staggered boards on long-run firm value, using a natural experiment: a 1990 law that imposed a staggered board on all firms incorporated in Massachusetts. We find a significant View Details

Keywords: Sean Silverthorne

December 2019
Article

Patent Trolls: Evidence from Targeted Firms

By: Lauren Cohen, Umit Gurun and Scott Duke Kominers

We provide the first large-sample evidence on the behavior and impact of nonpracticing entities (NPEs) in the intellectual-property space. We find that, on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms and target cash in... View Details

Keywords: Patent Trolls; Innovation; Patents; Lawsuits and Litigation; Ethics; Innovation and Invention

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September 2004 (Revised January 2005)
Case

Brazil's WTO Cotton Case: Negotiation Through Litigation

By: Ray A. Goldberg, Robert Lawrence and J. Katherine Milligan

Brazil has just won a case action against the U.S. cotton agriculture program at the World Trade Organization. What does this mean for future agricultural programs in the United States? For future trade policies of the United States, Brazil, and others in the global... View Details

Keywords: Developing Countries and Economies; Trade; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Lawsuits and Litigation; Negotiation Process; Negotiation Types; Agriculture and Agribusiness Industry; United States; Brazil

25 Aug 2009
First Look

First Look: August 25

Working PapersAnger and Regulation Authors:Rafael Di Tella and Juan DubraNBER Working Paper Series, No. 15201, August 2009 Abstract We propose a model where voters experience... View Details

Keywords: Martha Lagace

October 2009 (Revised February 2010)
Case

Wiwa v. Royal Dutch/Shell

By: Lynn S. Paine and Lara Adamsons

On the eve of trial, and after nearly 14 years of pre-trial litigation, the parties in Wiwa v. Royal Dutch/Shell jointly announced that the four U.S. lawsuits stemming from the execution of the Ogoni Nine in 1995 had been settled. View Details

Keywords: Crime and Corruption; Multinational Firms and Management; Corporate Accountability; Lawsuits and Litigation; Nigeria; United States

December 2019 (Revised December 2021)
Supplement

Negotiating for Equal Pay: The U.S. Women's National Soccer Team (B)

By: Christine Exley, John Beshears, Manuela Collis and Davis Heniford

Supplements the (A) case and describes the events following it View Details

Keywords: Equal Pay; Negotiation; Compensation and Benefits; Equality and Inequality; Gender; Prejudice and Bias; Ethics; Negotiation Tactics; Corporate Governance; Lawsuits and Litigation; Sports; Sports Industry; United States

17 Nov 2003
Research & Ideas

Lessons from a Nasty Trade Dispute

It was in the late 1990s that the finger pointing began between Canadian aircraft manufacturer Bombardier and its Brazilian competitor, Embraer. Each company alleged that the other was receiving government support that provided an unfair... View Details

Keywords: by Cynthia Churchwell

March 1994 (Revised October 1994)
Case

Reading Energy

By: Forest L. Reinhardt

Reading Energy builds facilities that produce energy from nontraditional fuels. A privately held, entrepreneurial organization, it has spent six years developing a plan to build a waste-to-energy plant in the town of Robbins, Illinois. The plant would burn municipal... View Details

Keywords: Energy Generation; Wastes and Waste Processing; Business and Community Relations; Business Plan; Agreements and Arrangements; Contracts; Risk and Uncertainty; Government and Politics; Environmental Sustainability; Business Strategy; Energy Industry; Utilities Industry; Illinois

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November 2010 (Revised February 2011)
Case

Hollywood in India: Protecting Intellectual Property (A)

By: Lakshmi Iyer and Namrata Arora

In January 2010, Fox Star Studios is preparing to release the Bollywood film My Name is Khan in Indian and international markets. What strategies should the company adopt to protect their intellectual property? How much should the company invest in anti-piracy... View Details

Keywords: Crime and Corruption; Copyright; Lawsuits and Litigation; Emerging Markets; Business Strategy; Motion Pictures and Video Industry; India

June 2022
Teaching Plan

Pacesetters

By: Jeffrey J. Bussgang and Mel Martin

Teaching Plan for HBS Case No. 322-019. City Sealcoating CEO Keith Chaney had just publicly called out the Boston Chamber of Commerce for their slow progress on their supplier diversity program, Pacesetters. Established in 2018 by regional business leaders,... View Details

Keywords: Minority-owned Businesses; Procurement; Racial Wealth Gap; Diversity; Small Business; Restructuring; Contracts; Goals and Objectives; Performance Improvement; Performance Evaluation; United States; Massachusetts

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