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- August 2004 (Revised June 2008)
- Case
Debating the Expropriation of Mexican Oil
By: Geoffrey G. Jones and R. Daniel Wadhwani
In 1938, the Mexican government expropriated the assets of foreign oil companies. Explores the legal and moral arguments in favor of and against expropriation. View Details
- June 2004 (Revised January 2005)
- Background Note
Principals, Agents, and Partners
By: Arthur I Segel, Armen Panossian and Jeff Mandelbaum
The establishment of the principal-agent relationship, the duties owed by the agent to the principal, and the principal's liability for illegal actions or representations made by the agent are all examined. Also covers the creation of partnerships and the duties of... View Details
- May 2004 (Revised April 2005)
- Background Note
Intellectual Property and Strategy
By: David B. Yoffie and Deborah Freier
Explores the role of intellectual property in firms' strategies. Explains the legal and strategic differences between patents, copyrights, trademarks, and trade secrets and explores the multiple ways firms use these different legal protections to gain competitive... View Details
- May 2004 (Revised March 2005)
- Case
Music Downloads
By: David B. Yoffie and Deborah Freier
Examines the competition between competing music formats. In the '90s, the MP3 format challenged the traditional means of music distribution by allowing for storage of near CD-quality recordings at 1/10th of their previous size. The threat to traditional distribution... View Details
- May 2004
- Article
Disclosure Practices of Foreign Companies Interacting with U.S. Markets
We analyze the disclosure practices of companies as a function of their interaction with the U.S. markets for a group of 794 firms from 24 countries in Asia-Pacific and Europe. Our analysis uses the Transparency and Disclosure scores developed recently by Standard &... View Details
- Article
Little Patents and Big Secrets: Managing Intellectual Property
By: James J. Anton and Dennis A. Yao
Exploitation of an innovation commonly requires some disclosure of enabling knowledge (e.g., to obtain a patent or induce complementary investment). When property rights offer only limited protection, the value of the disclosure is offset by the increased threat of... View Details
Keywords: Patents; Management; Innovation and Invention; Knowledge; Rights; Value; Information; Corporate Disclosure
- February 2004
- Case
New HP, The: The Clean Room and Beyond
By: Leslie A. Perlow and Elizabeth Kind
When the $19 billion merger of Silicon Valley legend Hewlett-Packard and Houston-based PC giant Compaq Computer Corp. legally closed on May 3, 2002, both companies had already devoted an immense amount of time preparing for the challenges that lay ahead. Chief among... View Details
- February 2004
- Case
Czech Mate: CME and Vladimir Zelezny (A)
By: Mihir A. Desai, Alberto Moel and Kathleen Luchs
This case examines how insiders can expropriate value from shareholders in emerging markets when property rights are ill-defined. As such, it provides a platform for considering how institutions and legal rules impact financing patterns and economic outcomes. CME,... View Details
- January 2004 (Revised March 2004)
- Case
Redesigning Sovereign Debt Restructuring Mechanisms
By: Mihir A. Desai, Christina Pham, Julia Stevens and Kathleen Luchs
How should the debt of sovereign countries be restructured when countries approach default? Anne O. Krueger of the International Monetary Fund (IMF) is proposing a new approach to sovereign defaults: the Sovereign Debt Restructuring Mechanism (SDRM). The SDRM would... View Details
- January 2004
- Case
Bob Holgrom and the Buyout of the Carlson Division
By: Thomas R. Piper
The head of the Carlson Division stands to benefit substantially in financial terms if a private equity firm wins the bid for the division. The division is in the early stages of a performance turnaround, with only three quarters of profit improvement and no audited... View Details
- January 2004 (Revised September 2004)
- Background Note
Confidentiality in Settlement Negotiations: Ethics & Law
By: Michael A. Wheeler, Dana Nelson and Gillian Morris
Legal policy has a long history of protecting confidentiality of negotiations that are designed to produce settlement. However, within the past several decades there has been a significant push toward openness. Compelling arguments support confidentiality: It helps... View Details
- December 2003 (Revised November 2015)
- Background Note
The Fiduciary Relationship: A Legal Perspective
By: Lynn Sharp Paine
Discusses the concept of a fiduciary, as developed in the Anglo-American common law tradition, and outlines the principal differences between the legal standard applied to fiduciaries compared to ordinary arms'-length contractors. View Details
- October 2003 (Revised February 2004)
- Background Note
Introduction to the Large-Scale Investment (LSI) Course at Harvard Business School
By: Benjamin C. Esty
Introduces students to the Large-Scale Investment (LSI) course taught at Harvard Business School. LSI is a case-based course about project finance that is designed for second-year MBA students. The course is about project finance, which involves creation of a legally... View Details
- September 2003
- Case
Growing Up in China: The Financing of BabyCare Ltd.
By: Mihir A. Desai and Mark Veblen
The CFO of this infant nutritional products company must choose among competing financing offers. The interplay of Chinese legal and customs restrictions and venture capitalists' bargaining techniques challenge the CFO to navigate a tricky negotiation and to devise a... View Details
- July 2003
- Background Note
Expropriation in International Business
By: Geoffrey G. Jones and Meghan Gallagher-Kernstine
Covers several important expropriation cases in international business from the 20th century and highlights the legal and political difficulties these companies faced. Serves to explain expropriation, to stress the vulnerability of foreign direct investments to... View Details
- July 2003 (Revised February 2004)
- Background Note
M&A Legal Context: Standards Related to the Sale or Purchase of a Company
By: Carliss Y. Baldwin, Constance E. Bagley and James Quinn
Introduces students to the legal standards affecting officers and directors when selling or purchasing a company. Provides a practical understanding of the Revlon Standard, the Securities and Exchange Act of 1934, Rule 10b-5, and the legal criteria for a cause of... View Details
- July 2003 (Revised February 2004)
- Background Note
M&A Legal Context: Hostile Takeovers
By: Carliss Y. Baldwin, Constance E. Bagley and James Quinn
Introduces students to the main tactical maneuvers used by hostile bidders, including bear hugs, proxy fights, tender offers, and toeholds. Also describes how, in the United States, tender offers are regulated by the federal government via the Williams Act. View Details
- June 2003 (Revised June 2003)
- Background Note
M & A Legal Context: Basic Framework for Corporate Governance
By: Carliss Y. Baldwin, Constance E. Bagley and James Quinn
Students are introduced to the basic framework for corporate governance. Begins by describing the complex role of the modern corporation, then proceeds by discussing the fiduciary duties to which a board of trustees is bound (duty of care, duty of loyalty, etc.), and... View Details
- 2002
- Other Unpublished Work
Legal Management: The Case for a Managed Model for the Delivery of Legal Services
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
- August 2002 (Revised August 2002)
- Case
Raiser Senior Services--The Stratford (A)
By: H. Kent Bowen and Alison Berkley Wagonfeld
Focuses on modifying operations to increase profitability at an upscale senior care facility in California. Jennifer Raiser, president of Raiser Senior Services, opened the Stratford in 1992 as a high-end, continuing-care retirement community. Ten years later, the... View Details