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      • April 2015
      • Case

      Who Owns the Whale? (Abridged)

      By: Thales S. Teixeira and David E. Bell
      Judge William Wright considers the case of the dispute of a whale carcass wherein several whaling ships claim ownership based on each one's contribution to its killing. The judge must weigh in the differing efforts and costs of three ships who each played a role at... View Details
      Keywords: Whaling; Attribution; Norms-of-ownership; Transaction Costs; Deadweight Losses; Free-rider Problem; Advertising; History; United States; United Kingdom
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      Teixeira, Thales S., and David E. Bell. "Who Owns the Whale? (Abridged)." Harvard Business School Case 515-108, April 2015.
      • December 2014
      • Case

      Henry A. Kissinger as Negotiator: Background and Key Accomplishments

      By: James K. Sebenius and Laurence A. Green
      Following a brief summary of Henry A. Kissinger's career, this case describes three of his most pivotal negotiations: the historic establishment of U.S. diplomatic relations with the People's Republic of China, the easing of geopolitical tension with the Soviet Union,... View Details
      Keywords: Kissinger; Negotiation; Bargaining; Diplomacy; Multiparty Negotiations; Dispute Resolution; Mediation; Israel; Sinai; Egypt; Cold War; Detente; China; Nixon; Conflict Management; Negotiation Types; International Relations; Personal Development and Career; Israel; Egypt; China; United States; Soviet Union
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      Sebenius, James K., and Laurence A. Green. "Henry A. Kissinger as Negotiator: Background and Key Accomplishments." Harvard Business School Case 915-020, December 2014.
      • 2016
      • Working Paper

      Henry A. Kissinger as Negotiator: Background and Key Accomplishments

      By: James K. Sebenius, Laurence A. Green and Eugene B. Kogan
      Following a brief summary of Henry A. Kissinger’s career, this paper describes six of his most pivotal negotiations: the historic establishment of U.S. diplomatic relations with the People’s Republic of China, the easing of geopolitical tension with the Soviet Union,... View Details
      Keywords: Kissinger; Bargaining; Diplomacy; Multiparty Negotiations; Dispute Resolution; Mediation; Coercive Diplomacy; Negotiation; International Relations; Personal Development and Career; United States
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      Sebenius, James K., Laurence A. Green, and Eugene B. Kogan. "Henry A. Kissinger as Negotiator: Background and Key Accomplishments." Harvard Business School Working Paper, No. 15-040, November 2014. (Revised December 2016.)
      • September 2014 (Revised February 2017)
      • Case

      Turkcell

      By: Felix Oberholzer-Gee, Charles C.Y. Wang and Esel Cekin
      This case centers around the shareholder dispute between three major shareholders of Turkcell, and how its management vied against increasing regulatory intervention and market competition in the absence of a fully-functioning board. The battle for control of the... View Details
      Keywords: Financial Performance; Regulatory Environment; Telecommunications; Marketing; Value Added; Pricing; Shareholder; Boards Of Directors; Governing and Advisory Boards; Corporate Governance; Conflict and Resolution; Business and Shareholder Relations; Telecommunications Industry; Turkey
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      Oberholzer-Gee, Felix, Charles C.Y. Wang, and Esel Cekin. "Turkcell." Harvard Business School Case 715-009, September 2014. (Revised February 2017.)
      • March 2014 (Revised September 2019)
      • Teaching Note

      Say on Pay: Qualcomm, Inc. Shareholders Vote 'Maybe'

      By: Suraj Srinivasan and Charles C.Y. Wang
      This case centers around Qualcomm shareholders' 2012 Say-on-Pay vote and the dispute between the Institutional Shareholder Services and management regarding the appropriateness of the CEO's compensation plan. Was ISS right that Qualcomm CEO's pay was inflated and... View Details
      Keywords: ISS; Proxy Advisor; Investor Communication; Investor Relations; Peers; Say-on-Pay; Benchmarking; Peer Group; Compensation Committee; Board Of Directors; Governing and Advisory Boards; Executive Compensation; Corporate Governance; Business and Shareholder Relations
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      Srinivasan, Suraj, and Charles C.Y. Wang. "Say on Pay: Qualcomm, Inc. Shareholders Vote 'Maybe'." Harvard Business School Teaching Note 114-065, March 2014. (Revised September 2019.)
      • February 2014
      • Case

      Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'

      By: James K. Sebenius and Laurence A. Green
      Significant negotiation-related achievements from the career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great... View Details
      Keywords: Multiparty Negotiations; Dispute Resolution; Conference Diplomacy; Free Trade Agreements Environment; Environment; Singapore; ASEAN; United Nations; Negotiation; International Relations; Personal Development and Career; Trade; Conflict and Resolution; Singapore
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      Sebenius, James K., and Laurence A. Green. "Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'." Harvard Business School Case 914-021, February 2014.
      • February 28, 2014
      • Article

      A Better Route to Tech Standards

      By: Josh Lerner and Jean Tirole
      Technological standards are ubiquitous, whether they allow consumers to communicate seamlessly across wireless networks or manufacturers to procure goods across complex global supply chains. These standards—shaped by standard-setting organizations (SSOs) and... View Details
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      Lerner, Josh, and Jean Tirole. "A Better Route to Tech Standards." Science 343, no. 6174 (February 28, 2014): 972–973.
      • December 2013
      • Supplement

      Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (B)

      By: James K. Sebenius and Laurence A. Green
      This case carefully traces the process by which Stuart Eizenstat handled the negotiation challenges outlined in "Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (A)". It describes the outcome of the Swiss negotiations and briefly sketches... View Details
      Keywords: Bargaining; Conflict Resolution; Disputes; Mediation; Dispute Resolution; Governance; History; Negotiation; Business and Government Relations; Banking Industry; Insurance Industry; Switzerland; Germany; Austria; France; Israel
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      Sebenius, James K., and Laurence A. Green. "Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (B)." Harvard Business School Supplement 914-026, December 2013.
      • 2014
      • Working Paper

      Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'

      By: James K. Sebenius and Laurence A. Green
      Significant negotiation-related achievements from career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great... View Details
      Keywords: Negotiation; International Relations; Personal Development and Career; United States; Singapore; Baltic Countries; Southeast Asia
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      Sebenius, James K., and Laurence A. Green. "Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'." Harvard Business School Working Paper, No. 14-049, December 2013. (Revised February 2014.)
      • 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
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      Sebenius, James K. "Paul Levy: Confronting a 'Corporate Campaign' (A)." Harvard Business School Case 914-020, December 2013. (Revised May 2021.)
      • October 2013
      • Supplement

      Dongfeng Nissan's Venucia (B)

      By: Forest Reinhardt, Mayuka Yamazaki and G.A. Donovan
      The (A) case describes the launch of a new passenger vehicle in China, produced jointly by Nissan of Japan and by Chinese automaker Dongfeng. Early sales results following the April 2012 launch were disappointing and the joint venture's managers had to decide how to... View Details
      Keywords: China; Japan; Multinational Firms; Cross-cultural/cross-border; Environment; Sustainability; Competitive Strategy; Product Launch; Global Strategy; Multinational Firms and Management; Crisis Management; Cross-Cultural and Cross-Border Issues; Auto Industry; China; Japan
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      Reinhardt, Forest, Mayuka Yamazaki, and G.A. Donovan. "Dongfeng Nissan's Venucia (B)." Harvard Business School Supplement 714-015, October 2013.
      • October 2013
      • Supplement

      Dongfeng Nissan's Venucia (C)

      By: Forest Reinhardt, Mayuka Yamazaki and G.A. Donovan
      The (A) case describes the launch of a new passenger vehicle in China, produced jointly by Nissan of Japan and by Chinese automaker Dongfeng. Early sales results following the April 2012 launch were disappointing and the joint venture's managers had to decide how to... View Details
      Keywords: China; Japan; Environment; Sustainability; Cross-cultural/cross-border; Competitive Strategy; Product Launch; Global Strategy; Multinational Firms and Management; Crisis Management; Cross-Cultural and Cross-Border Issues; Auto Industry; China; Japan
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      Reinhardt, Forest, Mayuka Yamazaki, and G.A. Donovan. "Dongfeng Nissan's Venucia (C)." Harvard Business School Supplement 714-016, October 2013.
      • October 2013
      • Case

      Dongfeng Nissan's Venucia (A)

      By: Forest Reinhardt, Mayuka Yamazaki and G.A. Donovan
      The (A) case describes the launch of a new passenger vehicle in China, produced jointly by Nissan of Japan and by Chinese automaker Dongfeng. Early sales results following the April 2012 launch were disappointing and the joint venture's managers had to decide how to... View Details
      Keywords: China; Japan; Cross-cultural/cross-border; Multinational Firms; Competitive Strategy; Product Launch; Global Strategy; Multinational Firms and Management; Crisis Management; Cross-Cultural and Cross-Border Issues; Auto Industry; China; Japan
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      Reinhardt, Forest, Mayuka Yamazaki, and G.A. Donovan. "Dongfeng Nissan's Venucia (A)." Harvard Business School Case 714-014, October 2013.
      • July 2013 (Revised September 2019)
      • Case

      Say on Pay: Qualcomm, Inc. Shareholders Vote 'Maybe'

      By: Suraj Srinivasan, Charles C.Y. Wang and Kelly Baker
      This case centers around Qualcomm shareholders' 2012 Say-on-Pay vote and the dispute between the Institutional Shareholder Services and management regarding the appropriateness of the CEO's compensation plan. Was ISS right that Qualcomm's CEO's pay was inflated and... View Details
      Keywords: ISS; Proxy Advisor; Investor Communication; Investor Relations; Peers; Say-on-Pay; Benchmarking; Peer Group; Compensation Committees; Board Of Directors; Governing and Advisory Boards; Executive Compensation; Corporate Governance; Business and Shareholder Relations; Telecommunications Industry
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      Srinivasan, Suraj, Charles C.Y. Wang, and Kelly Baker. "Say on Pay: Qualcomm, Inc. Shareholders Vote 'Maybe'." Harvard Business School Case 114-005, July 2013. (Revised September 2019.)
      • 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
      • Article

      Level Two Negotiations: Helping the Other Side Meet Its 'Behind-the-Table' Challenges

      By: James K. Sebenius
      A long analytic tradition has explored the challenge of productively synchronizing "internal" with "external" negotiations, with a special focus on how each side can best manage internal opposition to agreements negotiated "at the table." Implicit in much of this work... View Details
      Keywords: James Baker; Internal Negotiation; Dispute Resolution; Bargaining; Two-level Games; Negotiation; Germany; United States
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      Sebenius, James K. "Level Two Negotiations: Helping the Other Side Meet Its 'Behind-the-Table' Challenges." Negotiation Journal 29, no. 1 (January 2013): 7–21.
      • February 2012 (Revised August 2014)
      • Supplement

      Poles Apart on PZU (C)

      By: Francesca Gino, Vincent Dessain, Karol Misztal and Michael Khayyat
      After a decade-long dispute with the Polish State Treasury, in October 2009 the Dutch insurer Eureko agreed to exit PZU in exchange for compensation. Who was the biggest beneficiary of the settlement: Eureko, the Treasury, or PZU itself? View Details
      Keywords: Negotiation Process; Insurance; Negotiation Deal; Insurance Industry; Poland
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      Gino, Francesca, Vincent Dessain, Karol Misztal, and Michael Khayyat. "Poles Apart on PZU (C)." Harvard Business School Supplement 912-015, February 2012. (Revised August 2014.)
      • December 2011 (Revised February 2013)
      • Case

      Branding Yoga

      By: Rohit Deshpande, Kerry Herman and Annelena Lobb
      Yoga, an ancient discipline, has become popular worldwide. The marketing of yoga and dispute over its origins have led to debate as to whether yoga should be branded at all. Some yoga instructors have gone so far as to copyright their varieties of yoga; others in the... View Details
      Keywords: Brands and Branding; Marketing
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      Deshpande, Rohit, Kerry Herman, and Annelena Lobb. "Branding Yoga." Harvard Business School Case 512-025, December 2011. (Revised February 2013.)
      • September 2011
      • Teaching Note

      Aguas Argentinas: Settling a Dispute (TN)

      By: Louis T. Wells
      Teaching Note for 705-019. View Details
      Keywords: Business and Government Relations; Negotiation; Contracts; Rights; Strategy; Utilities Industry; Argentina; France
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      Wells, Louis T. "Aguas Argentinas: Settling a Dispute (TN)." Harvard Business School Teaching Note 712-018, September 2011.
      • May 2011 (Revised July 2012)
      • Exercise

      Remicade/Simponi: Confidential Instructions for Johnson & Johnson

      By: Guhan Subramanian and Rhea Ghosh
      This two-party negotiation exercise features a real-life dispute between Merck and Johnson & Johnson regarding European distribution rights to two highly lucrative drugs. View Details
      Keywords: Price; Rights; Agreements and Arrangements; Negotiation Deal; Problems and Challenges; Risk and Uncertainty; Europe
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      Subramanian, Guhan, and Rhea Ghosh. "Remicade/Simponi: Confidential Instructions for Johnson & Johnson." Harvard Business School Exercise 911-045, May 2011. (Revised July 2012.)
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