Conflict Of Laws - Publications - Faculty & Research - Harvard Business School

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August 2019
Case

Legal Time Case

By: Christine L. Exley, Katherine B. Coffman and Joshua Schwartzstein

Legal Time is a two-party dynamic negotiation simulation. Students take the role of either the prosecution or the defense in a case that centers on a client who has been accused of spear-heading a conspiracy to commit wire fraud. This conflict-resolution scenario gives... View Details

Keywords: Conflict Resolution; Time Stress; Negotiation; Conflict and Resolution; Fairness; Learning

January–February 2021
Article

Between Home and Work: Commuting as an Opportunity for Role Transitions

By: Jon M. Jachimowicz, Julia Lee Cunningham, Bradley Staats, Francesca Gino and Jochen I. Menges

Across the globe, every workday people commute an average of 38 minutes each way, yet surprisingly little research has examined the implications of this daily routine for work-related outcomes. Integrating theories of boundary work, self-control, and work-family... View Details

Keywords: Commuting; Boundary Work; Self-control; Work-family Conflict; Prospection; Transition

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June 2018
Supplement

Valuing Snap After the IPO Quiet Period (C)

By: Marco Di Maggio, Benjamin C. Esty and Gregory Saldutte

Analyzes Snap’s value and analyst recommendations following the events described in the (B) case. View Details

November 2021
Supplement

Steve Schwarzman on Dealmaking II: When They Hold All the Cards (B)

By: James K. Sebenius and Alex Green

This case describes, largely in his own words, how Schwarzman dealt with the eight negotiation challenges in the (A) case (922-007); with respect to each challenge, a series of generalizations follows to enhance one's effectiveness in negotiation. View Details

Keywords: Dealmaking; Bargaining; Conflict Resolution; Negotiation; Private Equity; Entrepreneurship

Summer 2013
Article

Strategic Management of Intellectual Property: An Integrated Approach

By: William W. Fisher III and Felix Oberholzer-Gee

In many organizations, the R&D, strategy, and legal functions are poorly integrated. As a consequence, firms miss opportunities to create and exploit the value of intellectual property. Functional silos are one reason for the lack of integration. More important,... View Details

Keywords: Innovation Management; Strategic Management; Legal Aspects Of Business; Licensing; Law; Innovation and Management; Knowledge Management; Intellectual Property; Business Strategy

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2022
Article

Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response

By: Alexander MacKay and Samuel N. Weinstein

Pricing algorithms are rapidly transforming markets, from ride-sharing apps, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate... View Details

Keywords: Competition Policy; Regulation; Algorithmic Pricing; Dynamic Pricing; Economics; Law And Economics; Law And Regulation; Consumer Protection; Antitrust Law; Industrial Organization; Antitrust Issues And Policies; Technological Change: Choices And Consequences; Competition; Policy; Price; Governing Rules, Regulations, and Reforms; Microeconomics; Duopoly and Oligopoly; Law

2024
Article

Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022

By: Mark J. Roe and Charles C.Y. Wang

The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when... View Details

Keywords: Corporate Law; Securities Regulation; Sarbanes-Oxley Act; Concentration Levels; Antitrust; Initial Public Offering; Public Ownership; Private Equity; Venture Capital; Mergers and Acquisitions; Monopoly; United States

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Article

Big Other: Surveillance Capitalism and the Prospects of an Information Civilization

By: Shoshana Zuboff

This article describes an emergent logic of accumulation in the networked sphere, 'surveillance capitalism,' and considers its implications for 'information civilization.' The institutionalizing practices and operational assumptions of Google Inc. are the... View Details

Keywords: Surveillance Capitalism; Big Data; Google; Information Society; Privacy; Internet Of Everything; Rights; Economic Systems; Analytics and Data Science; Internet and the Web; Ethics

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April 2009 (Revised October 2010)
Case

Golden Rule

By: Andrew Wasynczuk, Katherine Dowd and Sara del Nido

Jim Golden wants to radically change how catastrophic trucking accident lawsuit claims are handled by his trucking company. He wants to “do the right thing” for both the claimant and his company. Golden is a former litigator with 16 years of experience defending... View Details

Keywords: Business Ethics; Business Law; Law; Executives; Management Education; Management; Negotiator's Dilemma; Negotiations; Value; Moral Compass; Moral Leadership; Lawsuits and Litigation; Ethics; Moral Sensibility; Corporate Accountability; Negotiation; Conflict and Resolution; Value Creation

March 2023
Article

Not from Concentrate: Collusion in Collaborative Industries

By: Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery

The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete.

In many... View Details

01 Aug 2001
News

Richard B. Fisher (MBA '62)

In June, the School conferred its highest honors, the Distinguished Service Award and the Alumni Achievement Award, on four professors emeriti and five alumni, respectively. This is a profile of an Alumni Achievement Award honoree. When... View Details

Keywords: Richard B. Fisher; Warren A. Law; Alumni Achievement Award; Management of Companies and Enterprises; Management of Companies and Enterprises; Management of Companies and Enterprises

2025
Working Paper

The Invention of Corporate Governance

By: Yueran Ma and Andrei Shleifer

The analysis of corporate governance begins with a central feature of modern capitalism—the separation of ownership and control in large corporations—first empirically documented by Berle and Means (1932). Such separation entails several agency problems reflecting... View Details

Keywords: Corporate Governance; Law; Business and Shareholder Relations

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June 2018 (Revised October 2018)
Teaching Note

Valuing Snap After the IPO Quiet Period (A), (B), and (C)

By: Marco Di Maggio and Benjamin C. Esty

Teaching Note for HBS Nos. 218-095, 218-096, and 218-116. View Details

August 2012
Case

William Jeffrey at Bay Colony: On-Boarding (A)

By: Lena G. Goldberg

The decision-making process, policies and procedures, and legal obligations of the Board, the company's inside counsel and the company's outside counsel are explored in connection with on-boarding, investigating alleged misconduct of, and terminating a company's CEO,... View Details

Keywords: Leadership And Managing People; Employment Law; Business or Company Management; Law; Leadership; Governing and Advisory Boards; Employment; Corporate Governance; Financial Services Industry; Massachusetts

2013
Working Paper

The Appeal of the Appropriate: Accounting, Risk Management, and the Competition for the Supply of Control Systems

By: Anette Mikes

How do certain risk measurements in organizations come to be seen as more reliable and acceptable than others? Taking a multiple-control perspective, I investigate the aftermath of a control debacle at a financial services company (MultiBank), focusing on its insurance... View Details

Keywords: Management Control Systems; Multiple Control Systems; Interactive Control Systems; Performance Measurement; Risk Measurement; Financialization Of Accounting; Institutional Logics; Banking; Risk Management; Fair Value Accounting; Insurance; Financial Services Industry

Article

Returnable Reciprocity: Returnable Gifts Are More Effective than Unreturnable Gifts at Promoting Virtuous Behaviors

By: J.J. Zlatev and Rogers, T.

Increasing virtuous behaviors, such as initiating healthy habits, is an important goal for policymakers and social scientists. To promote compliance with requests to perform virtuous behaviors, we study “returnable reciprocity.” Whereas traditional reciprocity involves... View Details

Keywords: Nudges; Reciprocity; Want-should Conflicts; Wellness; Health; Behavior; Change; Well-being

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November 2011
Case

Celeritas, Inc.: Leadership Challenges in a Fast-Growth Industry

By: Michael Beer and Ingrid Vargas

In 2011, Celeritas is a leading data communications company in the crowded, highly competitive, and ever-evolving enterprise-network optimization market. Having experienced rapid growth since its founding in 2003, Celeritas has recently seen sales decline and has begun... View Details

Keywords: Technology; Morale; Conflict; Organizational Change; Team Building; Organizational Change and Adaptation; Information Technology; Leadership; Communication; Groups and Teams; Attitudes; Conflict and Resolution; Information Technology Industry; Communications Industry

June 2021
Article

Does the Freedom of Information Act Foil the Securities and Exchange Commission's Intent to Keep Investigations Confidential?

By: Braiden Coleman, Kenneth Merkley, Brian Miller and Joseph Pacelli

The Securities and Exchange Commission (SEC) has a long-standing policy to keep formal investigations confidential. In this study, we examine the extent to which compliance with the Freedom of Information Act (FOIA) provides investors with information about ongoing SEC... View Details

Keywords: Securities And Exchange Commission (SEC) Investigations; Freedom Of Information Act (FOIA); Exemption Denials

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April 2021
Article

For the Love of Money: The Role of Financially Contingent Self-worth in Romantic Relationships

By: Deborah E. Ward, Lora E. Park, Courtney M. Walsh, Kristin Naragon-Gainey, Elaine Paravati and Ashley V. Whillans

Financial conflicts are among the top reasons for dissatisfaction and dissolution in romantic relationships. Beyond economic strain, however, few studies have examined the psychological antecedents of financial conflicts that contribute to relationship satisfaction.... View Details

Keywords: Conflict and Resolution; Family and Family Relationships; Satisfaction; Personal Finance

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

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