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- Faculty Publications (118)
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- All HBS Web (310)
- Faculty Publications (118)
- 2017
- Working Paper
The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror
By: Trung Nguyen
This paper studies the deterrent effect of criminal enforcement on white-collar criminal activities. Using the 9/11 terrorist attacks as a shock to the FBI’s allocation of investigative resources and priorities, and variations in the Muslim population in the United... View Details
Keywords: Regulation; Fraud; White-collar Crime; Enforcement; Crime and Corruption; Law Enforcement; System Shocks
Nguyen, Trung. "The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror." Working Paper.
- 10 Oct 2023
- Research & Ideas
In Empowering Black Voters, Did a Landmark Law Stir White Angst?
One way may be to develop messaging that makes clear that laws enforcing Constitutional rights for one disenfranchised group don’t take away from those who have been able to exercise them all along. “Perhaps... View Details
Keywords: by Rachel Layne
- March 2008
- Article
Can Civil Law Countries Get Good Institutions? Lessons from the History of Creditor Rights and Bond Markets in Brazil
By: Aldo Musacchio
Does a legal tradition adopted in the distant past constrain a country's ability to provide the protection that investors need for financial markets to develop? This paper contributes to the literature that studies the connection between law and finance by looking at... View Details
Musacchio, Aldo. "Can Civil Law Countries Get Good Institutions? Lessons from the History of Creditor Rights and Bond Markets in Brazil." Journal of Economic History 68, no. 1 (March 2008): 80–108. (***Winner of the Arthur H. Cole Prize for best paper in the Journal of Economic History, 2007-2008***.)
- August 2017
- Case
'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)
By: Lena G. Goldberg and Danielle V. Holland
The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details
Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts
Goldberg, Lena G., and Danielle V. Holland. "'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)." Harvard Business School Case 318-026, August 2017.
- 2018
- Working Paper
It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading
By: Trung Nguyen and Quoc H. Nguyen
We use hand-collected data from SEC’s litigation releases for insider trading violations to examine the effect of geographic distance on its enforcement activities and insider trading activities. First, we find that the SEC is more likely to investigate companies that... View Details
Keywords: SEC; Enforcement; Financial Misconduct; Insider Trading; Geographic Proximity; Governance Compliance; Law Enforcement; Geographic Location; Finance; Crime and Corruption
Nguyen, Trung, and Quoc H. Nguyen. "It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading." Working Paper.
- Spring–Fall 2015
- Article
Whither Uber? Competitive Dynamics in Transportation Networks
By: Benjamin Edelman
Transportation Network Companies offer notable service advances—but do they comply with the law? I offer evidence of some important shortfalls, then consider how the legal system might appropriately respond. Though it is tempting to forgive many violations in light of... View Details
Keywords: Transportation Network Company; Uber; Lyft; Regulation; Lawfulness; Transportation Networks; Laws and Statutes; Law Enforcement; Transportation Industry; Information Technology Industry
Edelman, Benjamin. "Whither Uber? Competitive Dynamics in Transportation Networks." Competition Policy International 11, no. 1 (Spring–Fall 2015).
- February 2021
- Article
The Department of Justice as a Gatekeeper in Whistleblower-Initiated Corporate Fraud Enforcement: Drivers and Consequences
By: Jonas Heese, Ranjani Krishnan and Hari Ramasubramanian
We examine drivers and consequences of U.S. Department of Justice (DOJ) oversight of whistleblower cases of corporate fraud against the government. We find that the DOJ is more likely to intervene in and conduct longer investigations of cases that have a higher chance... View Details
Keywords: Whistleblowing; Department Of Justice; DOJ Enforcement; Performance Measures; False Claims Act; Crime and Corruption; Governance Compliance; Law Enforcement
Heese, Jonas, Ranjani Krishnan, and Hari Ramasubramanian. "The Department of Justice as a Gatekeeper in Whistleblower-Initiated Corporate Fraud Enforcement: Drivers and Consequences." Journal of Accounting & Economics 71, no. 1 (February 2021).
- 21 Feb 2008
- Working Paper Summaries
Do Legal Origins Have Persistent Effects Over Time? A Look at Law and Finance around the World c. 1900
- 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
In many... View Details
Keywords: Antitrust; Antitrust Law; Antitrust Theory; Law And Economics; Collusion; Collaboration; Collaborative Industries; Regulation; ＂Repeated Games＂; IPOs; Initial Public Offerings; Underwriters; Real Estate; Real Estate Agents; Realtors; Syndicated Markets; Syndication; Brokers; Market Concentration; Competition; Law; Economics; Collaborative Innovation and Invention; Governing Rules, Regulations, and Reforms; Game Theory; Initial Public Offering
Barry, Jordan M., John William Hatfield, Scott Duke Kominers, and Richard Lowery. "Not from Concentrate: Collusion in Collaborative Industries." Iowa Law Review 108, no. 3 (March 2023): 1089–1148.
- 01 Mar 2007
- News
Private Equity under Investigation
division, the Justice Department has every reason to step in. The worry, though, is that the antitrust enforcers will again mistake competition for collusion because they don’t understand the complexities and nuances of this business.... View Details
- 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
Roe, Mark J., and Charles C.Y. Wang. "Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022." Journal of Law, Finance, and Accounting 8, no. 2 (2024): 211–264.
- October 2018 (Revised October 2019)
- Case
Rio Tinto vs. the Securities and Exchange Commission
By: Aiyesha Dey, Krishna G. Palepu and Sarah Gulick
Keywords: Coal Mining; SEC Enforcement; FCPA; Mining; Fraud; Acquisition; Financial Reporting; Mergers and Acquisitions; Non-Renewable Energy; Ethics; Financial Management; Investment; Corporate Governance; Laws and Statutes; Lawsuits and Litigation; Risk Management; Risk and Uncertainty; Energy Industry; Mining Industry; Financial Services Industry; Mozambique; United States; Australia; England
Dey, Aiyesha, Krishna G. Palepu, and Sarah Gulick. "Rio Tinto vs. the Securities and Exchange Commission." Harvard Business School Case 119-046, October 2018. (Revised October 2019.)
- 27 Apr 2016
- Research & Ideas
How the FBI Reinvented Itself After 9/11
President George W. Bush expanded the FBI’s mission with a single question for Mueller: What was the FBI doing to prevent the next terrorist attack? And just like that, the brand-new director of the FBI had to figure out how to transform the organization from a View Details
Keywords: by Carmen Nobel
- 05 May 2003
- Research & Ideas
Greed, Fear, and The System Hinder Corporate Reform
Enforcers of regulatory laws are making some headway, particularly since the passage last summer of the Sarbanes-Oxley Act, but their work as a whole needs more teeth, according to panelists at the session... View Details
Keywords: by Martha Lagace
- 2016
- Working Paper
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
By: Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details
Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
- March 2010
- Case
Federal Bureau of Investigation, 2007
By: Jan W. Rivkin, Michael Roberto and Ranjay Gulati
In the wake of the 9/11 terrorist attacks, Robert Mueller, the Director of the Federal Bureau of Investigation (FBI), sought to transform the storied Bureau. The FBI had long served as both the chief law enforcement agency and the main domestic intelligence wing of the... View Details
Keywords: Transformation; Organizational Structure; Organizational Change and Adaptation; Government Administration; National Security; Corporate Strategy; Knowledge Acquisition; Law Enforcement; Public Administration Industry; United States
Rivkin, Jan W., Michael Roberto, and Ranjay Gulati. "Federal Bureau of Investigation, 2007." Harvard Business School Case 710-451, March 2010.
- 20 Jul 2022
- News
Might Elon Musk Be Forced to Buy Twitter?
- 27 Apr 2016
- News
How the FBI Reinvented Itself after 9/11
- 21 Dec 2011
- News
How Immigrant Entrepreneurs Turbocharge U.S. Trade
- May 2008
- Article
Coerced Confessions: Self-Policing in the Shadow of the Regulator
By: Jodi L. Short and Michael W. Toffel
As part of a recent trend toward more cooperative relations between regulators and industry, novel government programs are encouraging firms to monitor their own regulatory compliance and voluntarily report their own violations. In this study, we examine how regulatory... View Details
Keywords: Governance Compliance; Law Enforcement; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Environmental Sustainability; Programs; Power and Influence; Organizations; Decisions; Business and Government Relations; United States
Short, Jodi L., and Michael W. Toffel. "Coerced Confessions: Self-Policing in the Shadow of the Regulator." Journal of Law, Economics & Organization 24, no. 1 (May 2008): 45–71.