Publications
Publications
Show Results For
- All HBS Web
(1,829)
- Faculty Publications (422)
Legal
→
- January 2007 (Revised April 2007)
- Background Note
Note on Lobbying
By: Felix Oberholzer-Gee, Libby Cantrill and Patricia Wu
Describes how companies engage the political and legal system and the rules and ethics associated with doing so. Focuses on the U.S. political and legal system, but also seeks to familiarize readers with lobbying norms and structures in the European Union and Japan. View Details
- December 2006 (Revised January 2007)
- Case
Restructuring Navigator Gas Transport Plc
By: C. Fritz Foley
How should creditors pursue their claims in a multi-jurisdiction bankruptcy? David Butters, Managing Director at Lehman Brothers, negotiates a restructuring of Navigator Gas Transport, a shipping company that is headquartered in Switzerland, incorporated in the Isle of... View Details
- November 2006 (Revised March 2007)
- Case
Goodyear and the Threat of Government Tire Grading
By: Felix Oberholzer-Gee, Dennis A. Yao and Elizabeth Raabe
In the spring of 1977, Goodyear CEO Charles J. Pilliod Jr. was looking at an internal report on government and legal events relevant to the tire industry. Two items caught his attention. First, he noticed that an industry suit to block the government's proposed system... View Details
- November 2006 (Revised March 2007)
- Case
eDonkey--Deciding the Future of File Sharing
Sam Yagan, CEO of the upstart MetaMachine, Inc., received a letter from the Recording Industry Association of America, Inc. (RIAA) asking him to shut down eDonkey, MetaMachine's popular file-sharing system. In September 2005, more than 30 million users relied on... View Details
- October 2006 (Revised October 2006)
- Case
DLA Piper: Becoming a Global Firm
By: Jay W. Lorsch and Alexis Chernak
Focuses on DLA Piper, a global law firm resulting from the merger of the combined U.S. firm Piper Rudnick Gray Cary and the British firm DLA. At the time of the merger, the firms had similar strategies for the future and approaches to clients. While figuring out some... View Details
- February 2006 (Revised August 2006)
- Case
Investment Banking at Thomas Weisel Partners
By: Malcolm P. Baker and Lauren Barley
Thomas Weisel Partners (TWP), a San Francisco-based bank focusing on emerging growth companies, is considering its strategy in the context of regulatory, competitive, and legal changes. Blake Jorgensen, the chief operating officer and co-director of investment banking,... View Details
- 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
- December 2005
- Article
Up to Code: Does Your Company's Conduct Meet World-Class Standards?
Codes of conduct have long been a feature of corporate life. Today, they are arguably a legal necessity—at least for public companies with a presence in the United States. But the issue goes beyond U.S. legal and regulatory requirements. Sparked by corruption and... View Details
- November 2005 (Revised February 2007)
- Case
Governing Sumida Corporation
By: Lynn S. Paine, Masako Egawa, Chisato Toyama and Kim Bettcher
Describes the corporate governance changes adopted by Japan's Sumida Corp. between 1999 and 2005, setting them in the context of changes in Japan's commercial code during this period. Sumida was the first Japanese company to adopt a new U.S.-inspired "committee system"... View Details
- Article
Trust and Incentives in Agency
By: Ramon Casadesus-Masanell and Daniel F Spulber
Contracts between a principal and an agent are not formed in a vacuum. Although formal contracts between a principal and an agent contain explicit incentives for performance, the relationship between a principal and an agent also involves implicit incentives. Three... View Details
- August 2005 (Revised April 2015)
- Background Note
Employment At Will: A Legal Perspective
By: Lynn S. Paine and Christopher M. Bruner
Provides a brief overview of the employment-at-will doctrine, an important concept unique to the U.S. legal system and business landscape. Briefly surveys the history and development of this doctrine and certain limitations and exceptions to it, as well as some of the... View Details
- July 2005 (Revised August 2006)
- Background Note
Deception in Business: A Legal Perspective
By: Lynn S. Paine and Christopher Bruner
Discusses several of the most important prohibitions on deception found in U.S. law, starting with the basic elements of liability for fraud and moving to important antifraud provisions in federal statutes, restrictions on "misrepresentation" in consumer and contract... View Details
- July 2005 (Revised August 2006)
- Background Note
Bribery in Business: A Legal Perspective
By: Lynn S. Paine and Christopher Bruner
Provides a brief overview of the concept of bribery and the principal rationales prompting restrictions on such conduct. Also, reviews some of the most important U.S. and international laws prohibiting various forms of bribery. View Details
- April–May 2005
- Article
Markets for Partially-Contractible Knowledge: Bootstrapping Versus Bundling
By: James J Anton and Dennis A. Yao
We discuss how a seller can appropriate rents when selling knowledge that lacks legal property rights by solving either an expropriation or a valuation problem and then analyze how seller rents increase when a portion of the intellectual property (IP) can be protected.... View Details
- Article
Does Legal Enforcement Affect Financial Transactions?: The Contractual Channel in Private Equity
By: Josh Lerner and Antoinette Schoar
- 2005
- Article
Early Decisions: A Regulatory Framework
By: John Beshears, James J. Choi, David Laibson and Brigitte C. Madrian
We describe a regulatory framework that helps consumers who have difficulty sticking to their own long-run plans. Early Decision regulations help long-run preferences prevail by allowing consumers to partially commit to their long-run goals, making it harder for a... View Details
- November 2004 (Revised February 2006)
- Background Note
Note on Insider Trading Liability
By: Lynn S. Paine and Christopher Bruner
Provides a general description and overview of U.S. law on insider trading, including the basic theories of liability, the responsibilities of securities firm managers to prevent and detect insider trading, and the potential penalties for insider trading. A rewritten... View Details
- November 2004 (Revised July 2005)
- Case
Messier's Reign at Vivendi Universal
By: Rakesh Khurana, Vincent Dessain and Daniela Beyersdorfer
Focuses on a crisis in the board at Vivendi. Highlights the difficulties that arise when dramatic pressure from outside the boardroom affects boardroom dynamics. In this case, there are two events. The first is an unexpectedly large financial loss and a pending cash... View Details
- September 2004 (Revised April 2005)
- Background Note
Note on Individual and Corporate Liability
By: Lynn S. Paine
Answers some of the most common questions managers ask about potential corporate and individual liability for corporate misconduct under U.S. law. Describes a few general principles of liability that managers should be aware of. A rewritten version of an earlier note. View Details