Publications

February 2024 (Revised May 2024)
Case

Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech

By: Joseph L. Badaracco Jr. and Susan Pinckney

In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of... View Details

Keywords: Transition; Government Administration; Lawsuits and Litigation; Monopoly; Technology Industry; United States; European Union; China; India

07 Jun 2017
Research & Ideas

How an African History Scholar Became a Modern Righter of Wrongs

could have been a satisfying coda to a project that had begun more than a decade prior. As it turned out, though, her research also led to a groundbreaking and successful lawsuit against the British government; an upcoming feature film;... View Details

Keywords: by Carmen Nobel

July 2008 (Revised August 2008)
Supplement

Fidelity Investments' Charitable Gift Fund (B)

By: Robert C. Pozen

The (B) case informs students of Fidelity's decision about pursuing a business process patent for its charitable gift fund and describes subsequent litigation and lawsuits filed by other companies over business process patent issues. View Details

Keywords: Investment Funds; Patents; Lawsuits and Litigation; Business Processes

05 Nov 2019
News

News Analysis: Gender bias turned out to be a wonderful indicator of WeWork’s incompetence

23 Jan 2015
News

How U.S. laws protecting America’s best ideas are killing innovation

19 Feb 2013
News

Martha Stewart Exclusivity Key For Macy's

October 2009 (Revised February 2010)
Case

Wiwa v. Royal Dutch/Shell

By: Lynn S. Paine and Lara Adamsons

On the eve of trial, and after nearly 14 years of pre-trial litigation, the parties in Wiwa v. Royal Dutch/Shell jointly announced that the four U.S. lawsuits stemming from the execution of the Ogoni Nine in 1995 had been settled. View Details

Keywords: Crime and Corruption; Multinational Firms and Management; Corporate Accountability; Lawsuits and Litigation; Nigeria; United States

August 2008 (Revised May 2009)
Background Note

International Enforcement of U.S. Patents

By: Robert C. Pozen and Jordan Hirsch

A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World Trade Organization. This note discusses the pros and... View Details

Keywords: International Relations; Patents; Courts and Trials; Lawsuits and Litigation; Rights

January 1994 (Revised April 1995)
Case

EMC Corporation: Response to Shareholder Litigation (A)

By: Josh Lerner

EMC Corp. is the target of a shareholder class-action lawsuit for the second time. CEO, Richard Egan, must decide whether to settle the case, as is done in 96% of such cases and as EMC itself did previously, or fight the action. View Details

Keywords: Decision Choices and Conditions; Lawsuits and Litigation; Going Public; Management Teams; Business and Shareholder Relations; Technology Industry; United States

26 Aug 2012
News

Apple-Samsung Case Shows Smartphone as Legal Magnet

20 Aug 2014
News

Yes, patent trolls go out of their way to target rich companies

Article

The Growing Problem of Patent Trolling

By: Lauren Cohen, Umit Gurun and Scott Duke Kominers

The last decade has seen a sharp rise in patent litigation in the U.S., with 2015 having one of the highest patent lawsuit counts on record. In theory, this could be a consequence of growth in the commercialization of technology and innovation—patent lawsuits increase... View Details

Keywords: Patent Aggregators; Patent Litigation; Patent Pools; Patent Trolls; Patents; Lawsuits and Litigation; United States

November 2008 (Revised November 2012)
Case

Savage Beast (A)

By: Noam Wasserman and LP Maurice

For several months, things had been spiraling downwards at Savage Beast, the music-recommendation company started three years before by Tim Westergren. The company's founder-CEO recently left due to pressures both at home and within the venture. Dozens of investors... View Details

Keywords: Business Startups; Entrepreneurship; Venture Capital; Lawsuits and Litigation; Leadership; Groups and Teams

November 2012 (Revised June 2013)
Case

The Facebook IPO Litigation

By: Lena G. Goldberg and Annelena Loeb

Despite its success in the social-networking space, Facebook Inc.'s May 2012 IPO was largely considered a failure. Facebook faced multiple lawsuits and its share price had dropped significantly. Adversaries contended that Facebook had misled investors and violated... View Details

Keywords: Social Networking; IPO; Litigation Risk; Initial Public Offering; Ethics; Lawsuits and Litigation; Failure; Consumer Products Industry; Information Technology Industry; Entertainment and Recreation Industry; United States

June 2017 (Revised October 2017)
Case

Uber in 2017: One Bumpy Ride

By: Suraj Srinivasan, Jay W. Lorsch and Quinn Pitcher

Uber Technologies Inc., the popular ride-hailing company, entered 2017 having doubled its bookings in 2016 and achieving a valuation of nearly $70 billion, making it the largest venture capital-backed company in the world. Co-founder and CEO Travis Kalanick embodied... View Details

Keywords: Governance; Information Technology; Transportation; Venture Capital; Organizational Culture; Technology Industry; Transportation Industry; United States

February 2019 (Revised July 2025)
Case

Theranos: Who Has Blood on Their Hands? (A)

By: Nien-hê Hsieh, Christina R. Wing, Emilie Fournier and Anna Resman

This case covers the rise and fall of Theranos, the company founded by Elizabeth Holmes in 2004 to revolutionize the blood testing industry by creating a device that could provide from a small finger prick the same results and accuracy as intravenous blood draws. As... View Details

Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Ethics; Entrepreneurship; Lawsuits and Litigation

March 2001 (Revised April 2002)
Case

Ginzel et al v. Kolcraft Enterprises et al (A)

By: Michael A. Wheeler

Examines the wrongful death lawsuit brought by the family of an infant who died after a portable crib collapsed. The manufacturer, Kolcraft, licensed the Playskool brand name from the co-defendant, Hasbro Industries. Raises difficult questions about what the two... View Details

Keywords: Safety; Product; Negotiation; Corporate Social Responsibility and Impact; Lawsuits and Litigation; Legal Liability; Brands and Branding; Consumer Products Industry; United States

December 2016
Article

Through the Mud or in the Boardroom: Examining Activist Types and Their Strategies in Targeting Firms for Social Change

By: Charles Eesley, K. A. DeCelles and Michael Lenox

We examine the variety of activist groups and their tactics in demanding firms’ social change. While extant work does not usually distinguish among activist types or their variety of tactics, we show that different activists (e.g., social movement organizations vs.... View Details

Keywords: Negotiation Tactics; Investment Activism

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January 2025
Case

A Tiger in the Tank: Exxon Sues Investors

By: Clayton S. Rose, Sarah Sasso and James Weber

In June 2024, investors were trying to make sense of ExxonMobil’s (Exxon) lawsuit against two impact investors, Arjuna Capital (Arjuna) and Follow This, that had just been dismissed by the U.S. District Court of Northern Texas. Exxon’s suit challenged the rights of two... View Details