Publications

February 2003 (Revised May 2003)
Case

Mobile Energy Services Company

By: Benjamin C. Esty and Aldo Sesia

When Al "Chainsaw" Dunlap became CEO of the Scott Paper Co., the company owned a large, vertically integrated production facility in Mobile, Alabama. Dunlap sold part of the production facility, a cogeneration power plant (later known as Mobile Energy Services Co.), to... View Details

Keywords: Mergers and Acquisitions; Risk and Uncertainty; Contracts; Agreements and Arrangements; Investment; Projects; Vertical Integration; Energy Sources; Bonds; Ownership; Restructuring; Energy Industry; Alabama

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July 2021 (Revised January 2024)
Case

Fynd

By: Ranjay Gulati, Kairavi Dey and Rachna Tahilyani

Fynd is a fast-growing venture that in 7 years since its founding has become India's largest omnichannel retail company with real-time access to over 9,000 stores' offline inventory. It started as a B2B business supporting retailers who didn’t have an online business,... View Details

Keywords: Entrepreneurship; Business Startups; Business Model; Acquisition; Decision Making; Cost vs Benefits; Growth and Development Strategy; Web Services Industry; Technology Industry; Communications Industry; India; Mumbai

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

04 Sep 2012
Working Paper Summaries

Level II Negotiations: Helping the Other Side Meet Its ‘Behind the Table’ Challenges

Keywords: by James Sebenius

May 2008 (Revised July 2009)
Case

Sovereign Wealth Funds: For Profits or Politics?

By: Laura Alfaro and Renee Kim

On March 21, 2008, the U.S. government secured an agreement from two leading sovereign wealth funds (SWFs) to adopt a new set of investment principles to govern the Funds' activities. SWFs, broadly defined as an investment fund owned by a national or a government, were... View Details

Keywords: Foreign Direct Investment; Investment Funds; Sovereign Finance; Corporate Disclosure; Governing Rules, Regulations, and Reforms; International Relations; State Ownership; United States

November 2020 (Revised April 2021)
Case

Roll-Ups and Surprise Billing: Collisions at the Intersection of Private Equity and Patient Care

By: Trevor Fetter and Kira Seiger

This case describes the increasing investment by private equity (PE) firms in patient care and other healthcare services. The case focuses on investments in physician staffing firms and roll-up strategy investments in physician practice management (PPM). Included in... View Details

December 2013 (Revised May 2021)
Case

Paul Levy: Confronting a 'Corporate Campaign' (A)

By: James K. Sebenius

Hospital CEO Paul Levy confronts an SEIU unionization drive via a "corporate campaign" aimed at undercutting the hospital's relationships with key internal and external constituencies. Having shepherded one of Boston's top teaching hospitals much of the way through a... View Details

Keywords: Dispute Resolution; Corporate Campaign; Negotiating Campaign; Bargaining; Health Care; Hospitals; Unions; Health Care and Treatment; Negotiation; Strategy; Negotiation Process; Labor Unions; Health Industry; Boston

September 1985 (Revised July 2007)
Case

Population Services International: The Social Marketing Project in Bangladesh

By: V. Kasturi Rangan

Population Services International (PSI) was a not-for-profit agency founded to disseminate family planning information and to market birth control products, primarily in less developed countries seeking to curb their population explosions. In 1976, PSI concluded an... View Details

Keywords: Developing Countries and Economies; Health; Marketing Strategy; Social Marketing; Business and Government Relations; Nonprofit Organizations; Bangladesh

JAMES K. (“Jim”) SEBENIUS, is the Gordon Donaldson Professor of Business Administration at Harvard Business School, where he founded the Negotiation unit and teaches advanced... View Details

03 Jan 2017
First Look

January 3, 2017

https://www.hbs.edu/faculty/Pages/item.aspx?num=49779 BATNAs in Negotiation: Common Errors and Three Kinds of 'No' By: Sebenius, James K. Abstract—The Best Alternative To a Negotiated Agreement (“BATNA”) concept in negotiation has proved... View Details

Keywords: Carmen Nobel

06 Jun 2017
News

Three Key Considerations for TSR Awards

February 1992 (Revised April 1995)
Case

Pfizer: Global Protection of Intellectual Property

By: Lynn S. Paine and Michael Santoro

Top officials at Pfizer are assessing their strategy for improving protection of Pfizer's patents around the world. The outcome of the Uruguay Round of the GATT negotiations is uncertain, and it is not clear whether an acceptable intellectual property protection... View Details

Keywords: Patents; Trade; Policy; Government and Politics; Business Strategy; Agreements and Arrangements; Alliances; Cross-Cultural and Cross-Border Issues; Pharmaceutical Industry; United States; Japan; Europe

Web

Faculty & Research

field of negotiation, shows you how to negotiate successfully today by adapting proven negotiation principles and strategies to the challenging new contexts you face—from negotiating across cultural and political differences to trying to reach an View Details

July 2023 (Revised October 2024)
Case

Revenue Recognition at Stride Funding: Making Sense of Revenues for a Fintech Startup

By: Paul M. Healy and Jung Koo Kang

The case explores the challenges of revenue recognition and financial reporting for Stride Funding (Stride), a fintech startup that has disrupted the student loan market. Stride leveraged proprietary machine learning and financial models to underwrite alternative... View Details

Keywords: Revenue Recognition; Financial Reporting; Entrepreneurial Finance; Business Startups; Growth and Development Strategy; Governance Compliance; Accrual Accounting; Financial Services Industry; United States

September–October 2012
Article

Relational Contracts and Organizational Capabilities

By: Robert Gibbons and Rebecca Henderson

A large literature identifies unique organizational capabilities as a potent source of competitive advantage, yet our knowledge of why capabilities fail to diffuse more rapidly—particularly in situations in which competitors apparently have strong incentives to adopt... View Details

Keywords: Competitive Advantage; Organizations

Research Summary

Notes on the Impact of Wealth in Bargaining

Joint work with Chen-Ying Huang, National Taiwan University.

We provide the first investigation of the politically important question of whether wealthy individuals are advantaged or disadvantaged in bargaining. We show that in a simple Nash-Rubinstein style model,... View Details

2022
Working Paper

High-Yield Debt Covenants and Their Real Effects

By: Falk Bräuning, Victoria Ivashina and Ali Ozdagli

High-yield debt including leveraged loans is characterized by incurrence financial covenants, or “cov-lite” provisions. A traditional loan agreement includes maintenance covenants, which require continuous compliance with the covenant threshold, and their violation... View Details

Keywords: Debt Covenants; Incurrence Covenants; Borrowing and Debt; Banks and Banking

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Article

Advancing Digital Health Applications: Priorities for Innovation in Real-World Evidence Generation

By: Ariel Dora Stern, Jan Brönneke, Jörg F Debatin, Julia Hagen, Henrik Matthies, Smit Patel, Ieuan Clay, Bjoern Eskofier, Annika Herr, Kurt Hoeller, Ashley Jaksa, Daniel B Kramer, Mattias Kyhlstedt, Katherine T Lofgren, Nirosha Mahendraratnam, Holger Muehlan, Simon Reif, Lars Riedemann and Jennifer C Goldsack

In 2019, Germany passed the Digital Healthcare Act, which, among other things, created a “Fast-Track” regulatory and reimbursement pathway for digital health applications in the German market. The pathway explicitly provides for flexibility in how researchers can... View Details

Keywords: Digital Health; Health Care and Treatment; Technological Innovation