Publications

Article

Contested Meanings of Freedom: Workingmen's Wages, the Company Store System and the Godcharles v. Wigeman Decision

By: Laura Phillips Sawyer

In 1886, the Pennsylvania Supreme Court struck down a law that prohibited employers from paying wages in company store scrip and mandated monthly wage payments. The court held that the legislature could not prescribe mandatory wage contracts for legally competent... View Details

Keywords: Wages; Rights; Fairness; Lawsuits and Litigation; Laws and Statutes; Pennsylvania

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January 2025
Case

Cyber Oversight: SolarWinds Board of Directors

By: Lynn S. Paine

In 2020, just two years after its IPO, information technology company SolarWinds discovered that it was the victim of an attack on its information systems by Russian hackers. The incident, known as the Sunburst attack, was costly for the company, and certain... View Details

Keywords: Corporate Governance; Corporate Accountability; Governing and Advisory Boards; Cybersecurity; Lawsuits and Litigation; Legal Liability; Business and Shareholder Relations; Information Technology Industry; United States; Texas; Delaware

July 1999
Case

Quickturn Design Systems, Inc. (E)

By: Jay W. Lorsch and Katharina Pick

Supplements the (A) case. View Details

Keywords: Patents; Governing and Advisory Boards; Behavior; Lawsuits and Litigation; Organizations; Acquisition; Corporate Governance; Service Industry

14 Jun 2016
First Look

June 14, 2016

Behavior and Impact of Patent Trolls: A Survey By: Cohen, Lauren, Umit Gurun, and Scott Duke Kominers Abstract—We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both... View Details

Keywords: Sean Silverthorne

September 2002 (Revised May 2003)
Case

X-IT and Kidde (A)

By: Constance E. Bagley and David Lane

Involves a start-up, X-IT Products LLC, whose founders had designed an innovative, lightweight, and easy-to-use--yet strong--escape ladder. After X-IT had filed a patent application for the ladder in the United States, X-IT was approached by Kidde PLC, one of the... View Details

Keywords: Patents; Negotiation Process; Agreements and Arrangements; Ethics; Lawsuits and Litigation; Business Startups; Consumer Products Industry

March 2008 (Revised June 2012)
Background Note

ADR Choices

By: Michael Wheeler, James Sebenius and Marjorie Aaron

Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to... View Details

Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management

25 Aug 2014
News

Sheila Lirio Marcelo, MBA 1998/JD 1999

and had a son, Ryan, while both remained in college. When the young family moved to Boston, Marcelo deferred her admission to Harvard Law School in order to gain litigation experience. “That gave me exposure to strategic consulting and... View Details

Keywords: Susan Young

November 2017
Case

Third Point Paints a Target on Sotheby's

By: Lena G. Goldberg

When faced with the increasing accumulation of its stock by activist investors led by Daniel Loeb’s Third Point LLC and the activists’ stated objective to replace management and at least some Sotheby’s Board members, Sotheby’s, the world’s oldest auction house,... View Details

Keywords: Fiduciary Duties; Activists; Activist Investors; Rights Plan; Poison Pills; Takeover Defenses; Corporate Governance; Laws and Statutes; Lawsuits and Litigation; Ownership Stake; Value Creation; Crisis Management

20 Jan 2015
First Look

First Look: January 20

over the first thirty-four years of the FASB (1973-2006). We examine the influence of auditors' lobbying incentives arising from three basic factors: managing expected litigation and regulatory costs; catering to clients' preferences for... View Details

Keywords: Sean Silverthorne

11 May 2010
First Look

First Look: May 11

move into high-volume production. But the changing environment for patent enforcement, in particular the use of injunctions post eBay v. MercExchange, has brought new challenges to the company's licensing model. "Patent holdouts," companies who chose to View Details

Keywords: Martha Lagace

Profile

Sheila Lirio Marcelo

“I was always intrigued by that.“ With pressure from her Asian parents to pursue a law career, Marcelo applied to Harvard Law School but deferred her acceptance. She wasn’t sure she wanted to be a lawyer and instead she took a View Details

May 2006 (Revised October 2007)
Case

EU Verdict Against Microsoft

By: David B. Yoffie and Michael Slind

In 2004, following an investigation that began in 1998, the European Commission (EC) issued an antitrust judgment against Microsoft Corp., levying a record fine of 497 million euros ($613 million) and mandating changes of commercial behavior and bundling of Windows... View Details

Keywords: Judgments; Governance Compliance; Lawsuits and Litigation; Monopoly; Business and Government Relations; Competitive Strategy; Software; European Union; United States

January 11, 2024
Article

Understanding the Tradeoffs of the Amazon Antitrust Case

By: Chiara Farronato, Andrey Fradkin, Andrei Hagiu and Dionne Lomax

Regulators in the United States and Europe have been taking on Big Tech, challenging what they say are the companies’ anti-competitive and predatory strategies that harm consumers and third-party users of their platforms. This article examines the FTC’s case against... View Details

Keywords: Monopoly; Governing Rules, Regulations, and Reforms; Market Design; Lawsuits and Litigation

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December 2007 (Revised June 2009)
Case

KPMG (A): A Near-Death Experience

By: Robert G. Eccles and Eliot Sherman

Describes the way in which "Big Four" auditor KPMG dealt with an indictment stemming from the firm's sale of tax shelters. In 2005 Tim Flynn has been KPMG Chairman for a matter of days when he learns that the government is preparing to indict the firm on charges of... View Details

Keywords: Accounting Audits; Crime and Corruption; Taxation; Lawsuits and Litigation; Crisis Management; Partners and Partnerships; Accounting Industry; Service Industry

July 2006 (Revised July 2007)
Case

C.K. Coolidge, Inc. (Abridged)

Coolidge (CKC), a chemical manufacturer, is being sued for patent infringement. The plaintiffs are the patent holder and its sole licensee, who is also a CKC competitor. An analyst at CKC has done a breakeven decision analysis from CKC's perspective, balancing going to... View Details

Keywords: Negotiation Preparation; Courts and Trials; Patents; Analysis; Decision Choices and Conditions; Lawsuits and Litigation; Chemical Industry

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

01 Mar 2007
News

Private Equity under Investigation

the taking of calculated risks based on limited information. Washington must understand that the many benefits private equity provides by facilitating economic growth are unlikely to be sustained if the heavy hand of government intrudes, whether through View Details

Keywords: Josh Lerner; syndication; antitrust enforcement; Funds, Trusts, and Other Financial Vehicles; Finance

March 2020
Case

Aereo

By: Thomas R. Eisenmann and Jacey Taft

Aereo aimed to disrupt television program distribution by providing consumers access to local broadcast TV programming using offsite antennas, cloud-based DVRs, and an Internet connection. With Aereo, consumers could “cut the cord” and avoid the high cost of a cable TV... View Details

Keywords: Entrepreneurship; Failure; Lawsuits and Litigation; Internet and the Web; Media; Entertainment and Recreation Industry; United States

April 2008 (Revised August 2008)
Supplement

AT&T v. Microsoft (B): District Court Ruling and Appeal

By: Willy C. Shih

The (B) case follows the course of Microsoft's settlement with AT&T, and its appeal in the issue of foreign replicated software that eventually goes to the U.S. Supreme Court. It is intended for follow-up the discussion of the (A) case with what happened, examining a... View Details

Keywords: Patents; Lawsuits and Litigation; Conflict and Resolution; Competitive Strategy; Technology Industry