Publications
Publications
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- All HBS Web
(1,131)
- Faculty Publications (226)
- 2022
- Article
Pills in a World of Activism and ESG
By: Guhan Subramanian and Caley Petrucci
Easterbrook and Fischel’s The Economic Structure of Corporate Law advances their now famous passivity thesis, which posits that managers should remain passive in the face of an unsolicited tender offer for the company’s shares. Consistent with the broader... View Details
- October 2022 (Revised September 2023)
- Case
SolarWinds Confronts SUNBURST (A)
On December 12, 2020, SolarWinds learned that malware had been inserted in its software, potentially granting hackers access to thousands and thousands of its 300,000 customers. General Counsel Jason Bliss needed to orchestrate the company response without knowing how... View Details
- October 2022 (Revised September 2023)
- Supplement
SolarWinds Confronts SUNBURST (B)
Supplements the (A) case, describing actions taken by SolarWinds as well as by regulatory agencies in the aftermath of the immediate crisis. The case also includes reflections by SolarWinds managers on the choices they made with respect to disclosure, media relations,... View Details
- October 17, 2022
- Article
When Climate Collaboration Is Treated as an Antitrust Violation
By: Matteo Gasparini, Knut Haanaes and Peter Tufano
Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,... View Details
- 2022
- Book
Corporate Criminal Investigations and Prosecutions
By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and... View Details
- September 2022
- Teaching Note
Marsha Simms: Trailblazer in Corporate Law
By: Robin Ely, Boris Groysberg and Colleen Ammerman
Teaching Note for HBS Case No. 422-012. View Details
- September 2022
- Article
Regulatory Spillover and Workplace Racial Inequality
By: Letian Zhang
This paper suggests that affirmative action bans in the U.S. public sector may influence racial inequality in the private sector. Since the 1990s, nine states have banned affirmative action practice in public universities and state governments. Though these bans have... View Details
- June 2022 (Revised October 2022)
- Case
Can Goodr Fight Food Insecurity at Scale?
By: Daniel Isenberg and William R. Kerr
Jasmine Crowe founded Goodr to redirect food waste to people in need. Now a profitable enterprise, she’s searching for Series A funding and encountering pushback. Scaling and contract concerns are also at the forefront of her mind, but so are her values. Feeding... View Details
- April 2022
- Case
Marsha Simms: Trailblazer in Corporate Law
By: Robin Ely, Boris Groysberg, Colleen Ammerman and Olivia Hull
Follows the journey of lawyer Marsha Simms from her childhood in racially-segregated St. Louis to the upper echelons of the New York legal community. Describes her education, career choices, accomplishments, and setbacks. Highlights significant moments such as her... View Details
Keywords: Leadership; Career; Career Management; Diversity; Inclusion; Equity; Gender; Race; Corporate Finance; Law; Leadership Development; Personal Development and Career; Relationships; Power and Influence; Social and Collaborative Networks; Status and Position; Social Issues; Legal Services Industry; United States; New York (state, US)
- April 2022 (Revised August 2022)
- Case
Conflicts of Interest at Uptown Bank
By: Jonas Heese
In 2013, two employees debated whether to blow the whistle on their employer, Bell Bank, after completing an internal review that revealed undisclosed conflicts of interest. Bell Bank’s Asset Management business disproportionately invested clients’ money in Bell Bank’s... View Details
Keywords: Whistleblower; Whistleblowing; Mutual Funds; Conflicts Of Interest; Decision Making; Decisions; Judgments; Ethics; Moral Sensibility; Values and Beliefs; Finance; Financial Institutions; Banks and Banking; Financial Management; Investment; Investment Funds; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Policy; Law; Legal Liability; Social Psychology; Motivation and Incentives; Perception; Perspective; Trust; Financial Services Industry; North and Central America; United States
- March 2022 (Revised November 2022)
- Case
When Should CEOs Speak Out Publicly? The 2021 Georgia Voting Law
By: William W. George, Hubert Joly and Amram Migdal
This case describes the March 2021 passage of a voting and elections law in the U.S. state of Georgia and reactions by corporations and corporate leaders to the law. Included are a brief history of voting rights in the United States and Georgia and an overview of the... View Details
Keywords: Voting Rights; CEO Activism; Communication; Communication Intention and Meaning; Communication Strategy; Forms of Communication; Announcements; Spoken Communication; Decision Making; Judgments; Voting; Demographics; Nationality; Race; Geography; Geographic Location; Geopolitical Units; Country; Government and Politics; Government Administration; Government Legislation; Political Elections; History; Law; Laws and Statutes; Rights; Leadership; Leadership Style; Management; Management Skills; Relationships; Business and Community Relations; Business and Government Relations; Business and Stakeholder Relations; Social Psychology; Status and Position; Society; Civil Society or Community; Culture; Public Opinion; Social Issues; Societal Protocols; United States; Georgia (state, US)
- March 2022 (Revised April 2022)
- Case
In Search of Global Regulation
By: Geoffrey Jones and Mona Rahmani
The history of the international regulation of global capitalism is surveyed, addressing the challenges facing firms confronting international, national, and regional regulation. Follows the history of global regulation after 1914, from the League of Nations;... View Details
- February 2022 (Revised May 2022)
- Case
Jaypee Infratech and the Indian Bankruptcy Code
By: Kristin Mugford, William Vrattos and Radhika Kak
In 2016, India passed a new bankruptcy law (IBC) to counter a brewing bank crisis and increased corporate distress. Homebuilder Jaypee Infratech, one of India largest distressed companies (the “dirty dozen”) began restructuring under the IBC in 2017. Two years later,... View Details
Keywords: Restructuring; Decisions; Judgments; Voting; Developing Countries and Economies; Financial Crisis; Public Sector; Asset Pricing; Borrowing and Debt; Corporate Finance; Credit; Insolvency and Bankruptcy; Debt Securities; Bonds; Investment Return; Price; Government Legislation; Laws and Statutes; Bids and Bidding; Business and Stakeholder Relations; Risk and Uncertainty; Valuation; Real Estate Industry; India; Delhi
- January 2022
- Background Note
The Florange Law: Encouraging Long-Termism in Equity Markets?
By: Charles C.Y. Wang and Tonia Labruyere
This note provides background information on a French law (“the Florange law”) passed in 2014 that the French government said would encourage long-term shareholdings. The note describes the law, what led to it, the reactions it evoked, and similar initiatives in other... View Details
- December 2021
- Case
Whistleblowing at Veolia: A Technology Solution
By: Aiyesha Dey, Jonas Heese, Christian Godwin and James Weber
In 2019, Bruno Masson, the vice chairman of Veolia’s Ethics Committee, was preparing for a meeting on a rollout plan for a new whistleblowing system to more countries. Veolia, a global supplier of water, waste, and energy services, had recently gone through several... View Details
- October 2021
- Case
Financial Reporting at Mattel
By: Aiyesha Dey, Trung Nguyen, Marshal Herrmann and Julia Kelley
In September 2020, Diana Ferguson was nearing her first Audit Committee meeting as the newly appointed Audit Committee chair of Mattel, Inc. Mattel was just recovering from an accounting scandal which had revealed the company’s poor internal controls and weak board... View Details
Keywords: Accounting; Accounting Audits; Financial Reporting; Financial Statements; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Lawsuits and Litigation; Business and Shareholder Relations; Consumer Products Industry; Entertainment and Recreation Industry; Financial Services Industry; North and Central America; United States; California
- October 2021 (Revised October 2022)
- Case
The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen
By: Suraj Srinivasan and Li-Kuan Ni
In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices that critics alleged had contributed to the nationwide... View Details
Keywords: Opioids; Drug; Investors; Shareholder Activism; Investment Activism; Executive Compensation; Corporate Accountability; Corporate Governance; Governance Compliance; Governance Controls; Risk Management; Corporate Social Responsibility and Impact; Business and Shareholder Relations; Business and Stakeholder Relations; Legal Liability; Distribution Industry; Health Industry; Pharmaceutical Industry; United States; West Virginia; Tennessee; Ohio; Pennsylvania
- August 2021
- Case
Danone S.A.: Becoming a Mission-Driven Company (A)
By: Benjamin C. Esty and Emilie Billaud
Emmanuel Faber became CEO of Danone SA, the French food and beverage company, in 2014. Right from the start, he ran the company with a dual commitment to both profit and purpose (i.e., ESG objectives). In fact, in 2018, he said, “It’s time to make sustainable business... View Details
- Article
Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers
By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos
Cash-for-information whistleblower programs have gained momentum as a regulatory tool to enforce corporate misconduct. Yet, little is known about how financial incentives affect whistleblowers’ decisions to report potential misconduct to authorities. Similarly, there... View Details