Publications

Professor Stuart Gilson is the Steven R. Fenster Professor of Business Administration at Harvard Business School, and former chairman of the Finance Unit. His research, teaching, and consulting focuses on the financial, business, and legal strategies that companies... View Details

Keywords: legal services; legal services

Winter 2022
Article

Determinants of Small Business Reopening Decisions After COVID Restrictions Were Lifted

By: Dylan Balla-Elliott, Zoë B. Cullen, Edward L. Glaeser, Michael Luca and Christopher Stanton

The COVID-19 pandemic led to dramatic economic disruptions, including government-imposed restrictions that temporarily shuttered millions of American businesses. We use a nation-wide survey of thousands of small business owners to establish three main facts about... View Details

Keywords: COVID-19; Demand Forecasting; Reopening; Health Pandemics; Government Administration; Small Business

14 Jul 2015
News

Debt Should be a Guide to Policy Making

2016
Case

Advanced Leadership Pathways: Alberto Mora and the Costs and Consequences of Torture

By: Rosabeth M. Kanter and Benjamin Summers

Alberto Mora's time as General Counsel of the Navy from 2001–2006 greatly influenced his mission to illuminate the policy consequences of torture. Mora's drive to restore the nation's awareness and conscience against torture was gaining traction. Prominent... View Details

Keywords: Leadership Skills; Torture; Costs And Consequences; Humane; Restraint; Human Dignity; Treatment Of Prisoners; Prison; Repression; Opposition; Revolution; Democracy; Communism; International Affairs; Public Service; September 11; War On Terror; Operation Enduring Freedom; Guantanamo; Cuba; Coalition; Working Group; Cruelty; Interrogation; Memorandum; American Law; Authority; Authoritative; Quadrennial Defense Review; National Defense Authorization Act; Public Engagement; Advocacy; Law; Accountability; Center For The Victims Of Torture; Human Rights; Public Policy; Legality; Morality; Legal System; Tactical Military Operations; West Point; NGO; Human Rights First; American Civil Liberties Union; Human Rights Watch; Amnesty International; Constitution Project; Center For Constitutional Rights; Strategic Military Effect; National Security; Weapon; Terrorism; Prisoners Of War; Abu Ghraib; Pentagon; Ethics; Moral Sensibility; Leadership; Rights; Policy; Public Opinion; United States

Rawi Abdelal is the Herbert F. Johnson Professor of International Management at Harvard Business School, the Emma Bloomberg Co-Chair of the Bloomberg Harvard City Leadership Initiative, and the European Faculty Chair of Harvard Business School’s Global... View Details

02 Jun 2015
News

'Call Me Caitlyn' And The Jenner Brand

July 2020
Article

Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms

By: Rosemarie Monge and Nien-hê Hsieh

Business actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well enforced. This article argues that the... View Details

Keywords: Double Effect; Intention; Exploitation; Risk; Practical Ethics; Competition; Risk and Uncertainty; Ethics

31 May 2023
Video

Competition or Collaboration? Navigating a Path for Successful Climate Alliances

October 2010
Case

DLA Piper and Christie's International (A)

By: Robert G. Eccles and Dilyana Karadzhova

International law firm DLA Piper is selected as major legal services provider of renowned art business Christie's International. Nine months after the start of relationship, the client calls Nigel Knowles, DLA Piper joint CEO and Managing Partner, with a litany of... View Details

Keywords: Attorney and Client Relationships; Law; Practice; Reputation; Ethics; Risk and Uncertainty; Legal Services Industry

September 2009
Case

The Risk Management Foundation of the Harvard Medical Institutions, Inc.

By: Richard M.J. Bohmer, Stephen P. Bradley and Natalie Kindred

Through its uniquely proactive approach to medical malpractice risk management, the Risk Management Foundation (RMF) has decreased claims—and premiums—for the Harvard hospitals it insures. The RMF is the captive medico-legal insurer of the Harvard medical institutions... View Details

Keywords: Cost Management; Insurance; Health Care and Treatment; Risk Management; Performance Improvement; Safety; Health Industry; Insurance Industry; Boston

September 2011 (Revised August 2014)
Background Note

Note on Bundled Payment in Health Care

By: Regina E. Herzlinger and Charles C. Huang

The note explains how bundled health care payment differs from fee-for-service payment, provides examples of the difference between the two, describes early innovators in bundling and their results, provides guidance on how to make it happen, and elucidates the legal... View Details

Keywords: Health Care and Treatment; Price; Cost Management; Health Industry

21 Jul 2006
Op-Ed

Enron Jury Sent the Right Message

of corporate fraud, considerations of intent dominate the details of compliance or noncompliance with arcane legal rules. This is the right message to send to the American business community. The behavior that became so widespread and... View Details

Keywords: by Malcolm S. Salter

July 2015
Article

Executives' 'Off-the-Job' Behaviors and Financial Reporting Risk

By: Robert Davidson, Aiyesha Dey and Abbie Smith

We examine how executives' behavior outside the workplace, as measured by their ownership of luxury goods (low “frugality”) and prior legal infractions, is related to financial reporting risk. We predict and find that chief executive officers (CEOs) and chief financial... View Details

Keywords: Management Teams; Behavior; Personal Characteristics; Crime and Corruption; Governance Compliance; Financial Reporting; Organizational Culture

January 2017
Supplement

Medtronic: Making the Big Leap Forward (B)

By: William W. George and Monica Baraldi

On December 1, 2014, Medtronic announced that it had completed a $17 billion bond sale to finance the Covidien acquisition, officially completed on January 26, 2015. Medtronic’s legal headquarters moved to Ireland, while its operational headquarters remained in... View Details

Keywords: Acquisition; Medtronic; Covidien; Mission; Tax Inversion; Business Strategy; Leadership; Mergers and Acquisitions; Integration; Pharmaceutical Industry; Republic of Ireland; Europe; Minnesota; United States

Winter 2001
Other Article

Competition and Antitrust: A Productivity-Based Approach to Evaluating Mergers and Joint Ventures

By: Michael E. Porter

This article seeks to contribute thinking on how the intellectual foundations of antitrust might be updated, based on a large body of theoretical and empirical research on company strategy, competition, and economic development. The aim is to outline a new direction... View Details

Keywords: Society; Strategy

August 2013
Teaching Plan

Remicade-Simponi

By: Guhan Subramanian and Charlotte Krontiris

This exercise models a negotiation between two pharmaceutical companies—Johnson & Johnson and Merck—concerning the international distribution rights for Remicade, a blockbuster anti-arthritis drug. At odds over the original distribution contract, the two companies... View Details

Keywords: Johnson ＆ Johnson; Merck; Negotiation; Negotiation Participants; Negotiation Deal; Pharmaceutical Industry

18 Jan 2012
News

Politics, Tax Code Said to Stymie U.S.

26 Sep 2017
Working Paper Summaries

Merchants and the Origins of Capitalism

Keywords: by Sophus A. Reinert and Robert Fredona

October 1981 (Revised April 1984)
Case

H.J. Heinz Co.: The Administration of Policy (B)

Summarizes the investigation conducted by outside legal and accounting firms under the Heinz audit committee. Improper practices were found at three of the five Heinz domestic divisions and at a number of foreign operations. Presents restated financial data for the... View Details

Keywords: Ethics; Accounting Audits; Manufacturing Industry; Consumer Products Industry