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      • 2013
      • Book

      The Art of Negotiation: How to Improvise Agreement in a Chaotic World

      By: Michael Wheeler
      A member of the world-renowned Program on Negotiation at Harvard Law School introduces the powerful next-generation approach to negotiation. For many years, two approaches to negotiation have prevailed: the "win-win" method exemplified in Getting to Yes by Roger... View Details
      Keywords: Negotiation
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      Wheeler, Michael. The Art of Negotiation: How to Improvise Agreement in a Chaotic World. New York: Simon & Schuster, 2013.
      • Article

      Liability Structure in Small-Scale Finance

      By: Fenella Carpena, Shawn Cole, Jeremy Shapiro and Bilal Zia
      Microfinance, the provision of small individual and business loans, has experienced dramatic growth, reaching over 150 million borrowers worldwide. Much of the success of microfinance has been attributed to attempts to overcome the challenges of information asymmetries... View Details
      Keywords: Microfinance; Emerging Markets; Financial Markets; Legal Liability; Banks and Banking; Banking Industry; India
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      Carpena, Fenella, Shawn Cole, Jeremy Shapiro, and Bilal Zia. "Liability Structure in Small-Scale Finance." World Bank Economic Review 27, no. 3 (2013): 437–469.
      • August 2013 (Revised October 2013)
      • Case

      Modern Family Planning: The Business of Circle Surrogacy

      By: Ramon Casadesus-Masanell and Blake Landro
      The business of surrogacy, a boutique practice with client costs upwards of $100,000, allowed couples and individuals from a variety of backgrounds, ages, and sexual orientations to build families. This case examines Circle Surrogacy (CS), one of the premier surrogacy... View Details
      Keywords: Family Planning; Platform; Competitive Advantage; Law; Globalization; Competitive Strategy; Digital Platforms; United States; Ukraine
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      Casadesus-Masanell, Ramon, and Blake Landro. "Modern Family Planning: The Business of Circle Surrogacy." Harvard Business School Case 714-418, August 2013. (Revised October 2013.)
      • July–August 2013
      • Article

      Looking Up and Looking Out: Career Mobility Effects of Demographic Similarity among Professionals

      By: Kathleen L. McGinn and Katherine L. Milkman
      We investigate the role of workgroup sex and race composition on the career mobility of professionals in "up-or-out" organizations. We develop a nuanced perspective on the potential career mobility effects of workgroup demography by integrating the social... View Details
      Keywords: Professional Service Firms; Race And Ethnicity; Ethnicity; Race; Personal Development and Career; Gender; Legal Services Industry
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      McGinn, Kathleen L., and Katherine L. Milkman. "Looking Up and Looking Out: Career Mobility Effects of Demographic Similarity among Professionals." Organization Science 24, no. 4 (July–August 2013): 1041–1060.
      • 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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      Fisher III, William W., and Felix Oberholzer-Gee. "Strategic Management of Intellectual Property: An Integrated Approach." California Management Review 55, no. 4 (Summer 2013): 157–183.
      • 2013
      • Working Paper

      Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation

      By: Francois Brochet and Suraj Srinivasan
      We examine which independent directors are held accountable when investors sue firms for financial and disclosure related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over... View Details
      Keywords: Debt Securities; Lawsuits and Litigation; Legal Liability
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      Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Working Paper, 2013. (Harvard Business School Working Paper, No. 13-104, June 2013.)
      • June 2013
      • Article

      Dysfunction in the Boardroom: Understanding the Persistent Gender Gap at the Highest Levels

      By: Boris Groysberg and Deborah Bell
      The article examines the gender gap that is present in boardrooms in U.S. corporations and internationally in 2013 as more women attempt to reach executive-level positions. Countries in the European Union are attempting to institute laws regarding the minimum... View Details
      Keywords: Equality and Inequality; Governing and Advisory Boards; Gender; United States; European Union
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      Groysberg, Boris, and Deborah Bell. "Dysfunction in the Boardroom: Understanding the Persistent Gender Gap at the Highest Levels." Harvard Business Review 91, no. 6 (June 2013): 88–97.
      • Article

      Raising Capital Requirements: At What Cost?

      By: Malcolm Baker and Jeffrey Wurgler
      Since the financial crisis, bank capital positions have improved considerably. However, calls for heightened capital requirements have not abated. Federal Reserve Chair Ben Bernanke, Vice Chair Janet Yellen, and governors Daniel Tarullo and Jeremy Stein have all... View Details
      Keywords: Laws and Statutes; Capital; Banks and Banking; Banking Industry
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      Baker, Malcolm, and Jeffrey Wurgler. "Raising Capital Requirements: At What Cost?" Review of Financial Regulation Studies, no. 11 (Summer 2013): 4–6.
      • June 2013
      • Article

      What Is Privacy Worth?

      By: Alessandro Acquisti, Leslie K. John and George Loewenstein
      Understanding the value that individuals assign to the protection of their personal data is of great importance for business, law, and public policy. We use a field experiment informed by behavioral economics and decision research to investigate individual privacy... View Details
      Keywords: Safety; Rights; Valuation; Ethics; Identity
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      Acquisti, Alessandro, Leslie K. John, and George Loewenstein. "What Is Privacy Worth?" Journal of Legal Studies 42, no. 2 (June 2013): 249–274.
      • April 2013 (Revised June 2013)
      • Teaching Note

      Creating the First Public Law Firm: The IPO of Slater & Gordon Limited (TN)

      By: Benjamin C. Esty and E. Scott Mayfield
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      Esty, Benjamin C., and E. Scott Mayfield. "Creating the First Public Law Firm: The IPO of Slater & Gordon Limited (TN)." Harvard Business School Teaching Note 213-027, April 2013. (Revised June 2013.)
      • April 2013
      • Article

      What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators

      By: James K. Sebenius
      Roger Fisher, who died in 2012, enjoyed a remarkable career that modeled one way that an academic, especially in a professional school such as law or business, could make a significant, positive, and lasting difference in the world. Distinctive aspects of his career... View Details
      Keywords: Bargaining; Conflict Resolution; Dealmaking; Negotiation; Personal Development and Career; Conflict and Resolution
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      Sebenius, James K. "What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators." Negotiation Journal 29, no. 2 (April 2013): 159–169.
      • February 2013
      • Article

      An Activity-Generating Theory of Regulation

      By: Joshua Schwartzstein and Andrei Shleifer
      We propose an activity-generating theory of regulation. When courts make errors, tort litigation becomes unpredictable and as such imposes risk on firms, thereby discouraging entry, innovation, and other socially desirable activity. When social returns to activity are... View Details
      Keywords: Courts and Trials; Lawsuits and Litigation; Governing Rules, Regulations, and Reforms; Theory
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      Schwartzstein, Joshua, and Andrei Shleifer. "An Activity-Generating Theory of Regulation." Journal of Law & Economics 56, no. 1 (February 2013): 1–38. (Lead Article.)
      • Article

      Does the Classic Microfinance Model Discourage Entrepreneurship Among the Poor? Experimental Evidence from India

      By: Erica Field, Rohini Pande, John Papp and Natalia Rigol
      Do the repayment requirements of the classic microfinance contract inhibit investment in high-return but illiquid business opportunities among the poor? Using a field experiment, we compare the classic contract which requires that repayment begin immediately after loan... View Details
      Keywords: Microfinance; Poverty; Development Economics; Contracts
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      Field, Erica, Rohini Pande, John Papp, and Natalia Rigol. "Does the Classic Microfinance Model Discourage Entrepreneurship Among the Poor? Experimental Evidence from India." American Economic Review 103, no. 6 (October 2013): 2196–2226.
      • February 2013
      • Article

      Learning from Roger Fisher

      By: James K. Sebenius
      Roger Fisher's career and writings not only offer lessons about negotiation but also about how an academic, especially in a professional school such as law or business, can make an important, positive difference in the world. By his relentless engagement in vexing... View Details
      Keywords: Roger Fisher; Dispute Resolution; Bargaining; Negotiation
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      Sebenius, James K. "Learning from Roger Fisher." Harvard Law Review 126, no. 4 (February 2013): 893–898.
      • January 2013
      • Case

      Luotang Power: Variances Explained

      By: Robert Simons and Craig Chapman
      The general manager of Luotang Power, a coal-fired power plant located in central China, reviews annual results before a meeting with the board of directors. He thought the company performed well during the year and both plant availability and fuel economy had improved... View Details
      Keywords: China; Financial Statements; Management Accounting; Variance Analysis; Environmental Regulations; Incentives; Electric Power Generation; Contracts; Valuation; Energy Generation; Accounting; Performance Evaluation; Energy Industry; China
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      Simons, Robert, and Craig Chapman. "Luotang Power: Variances Explained." Harvard Business School Brief Case 913-533, January 2013.
      • January 2013 (Revised March 2017)
      • Teaching Note

      Luotang Power: Variances Explained (Brief Case)

      By: Robert Simons and Craig Chapman
      The primary objective is to explore the concepts of variance analysis in performance from one year to the next and the predictability of contracting counterparts to extract value from contract positions where they can. The general manager of a coal-fired power plant... View Details
      Keywords: Variance Analysis; Strategy And Execution; Profitability Analysis; Management Control Systems; Contracts; Valuation; Energy Generation; Accounting; Performance Evaluation; China
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      Simons, Robert, and Craig Chapman. "Luotang Power: Variances Explained (Brief Case)." Harvard Business School Teaching Note 913-534, January 2013. (Revised March 2017.)
      • January 2013 (Revised June 2018)
      • Case

      Amazon, Apple, Facebook, and Google 2018

      By: John Deighton and Leora Kornfeld
      Four businesses had, by 2012, grown to dominate the infrastructure that all firms rely on to reach online customers. Will the balance of power among the four persist, will one take command at the expense of the other three, or are all four more vulnerable than they... View Details
      Keywords: Internet and the Web; Competitive Advantage; Infrastructure; Mobile and Wireless Technology; Growth and Development; Service Industry; Retail Industry; United States
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      Deighton, John, and Leora Kornfeld. "Amazon, Apple, Facebook, and Google 2018." Harvard Business School Case 513-060, January 2013. (Revised June 2018.) (request a courtesy copy.)
      • June 2012
      • Article

      Decoding Inside Information

      By: Lauren Cohen, Christopher Malloy and Lukasz Pomorski
      Using a simple empirical strategy, we decode the information in insider trading. Exploiting the fact that insiders trade for a variety of reasons, we show that there is predictable, identifiable "routine" insider trading that is not informative for the future of firms.... View Details
      Keywords: Strategy; Financial Markets; Forecasting and Prediction; Law Enforcement; Opportunities; Geographic Location; Business Earnings
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      Cohen, Lauren, Christopher Malloy, and Lukasz Pomorski. "Decoding Inside Information." Journal of Finance 67, no. 3 (June 2012): 1009–1043. (Winner of Chicago Quantitative Alliance Academic Paper Competition. First Prize presented by Chicago Quantitative Alliance.  Winner of Institute for Quantitative Investment Research (INQUIRE) Grant presented by Institute for Quantitative Investment Research.)
      • December 2012 (Revised November 2014)
      • Case

      W.R. Grace & Co.: Dealing with Asbestos Torts

      By: Stuart C. Gilson and Sarah L. Abbott
      A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract... View Details
      Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
      • December 2012
      • Teaching Note

      Gene Patents (A) (TN)

      By: Richard G. Hamermesh and Matthew Preble
      This is the teaching note for case Gene Patents (A). In March 2010, U.S. District Court Judge Robert Sweet overturned 30 years of legal precedent and ruled that unaltered human genes could not be patented. This case reviews patent law and how it relates to our... View Details
      Keywords: Biotech; Human Genome; Patents; Genetics; Biotechnology Industry; United States
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      Hamermesh, Richard G., and Matthew Preble. "Gene Patents (A) (TN)." Harvard Business School Teaching Note 813-099, December 2012.
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