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August 2023
Article

Financing the Litigation Arms Race

By: Samuel Antill and Steven R. Grenadier

Using a dynamic real-option model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous implications for total ex-post litigant surplus. A defendant and a plaintiff bargain over a settlement payment. The... View Details

Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Lawsuits and Litigation; Financing and Loans

July 2023 (Revised April 2024)
Case

Raymond Jefferson: Trial by Fire

By: Anthony Mayo and Carin-Isabel Knoop

In the spring of 2021, Raymond (Ray) Jefferson applied for a job in President Joseph Biden’s administration. Ten years earlier, false allegations were used to force him to resign from his prior U.S. government position as Assistant Secretary of Labor for Veterans’... View Details

Keywords: Leadership Style; Personal Development and Career; Ethics; Lawsuits and Litigation

July 2023 (Revised February 2024)
Case

Equity Restructuring at Dell Technologies: Buy Out, Buy Up, Buy In (A)

By: Stuart C. Gilson and Sarah L. Abbott

In November 2018, Dell Technologies was poised to re-enter the public markets by means of a complex recapitalization that would replace an entire class of publicly-traded “tracking stock,” with new shares that would trade publicly without the need of a formal IPO. The... View Details

Keywords: Technology; M＆A; Recapitalization; MBO; Equity Issues; Private Equity Buyouts; Public Ownership; Stock Shares; Mergers and Acquisitions; Equity; Technology Industry; United States

March 2023 (Revised March 2024)
Case

The Purdue Pharma Bankruptcy: Settling the Opioid Crisis

By: Kristin Mugford, Carin-Isabel Knoop and Susan Pinckney

How to get to a fair outcome for claimants in the Purdue Pharma bankruptcy given its significant role in the U.S. opioid crisis. View Details

March 2023
Article

Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits

By: Elisabeth Kempf and Oliver Spalt

This paper provides novel evidence suggesting that securities class action lawsuits, a central pillar of the U.S. litigation and corporate governance system, can constitute an obstacle to valuable corporate innovation. We first establish that valuable innovation output... View Details

Keywords: Class-action Litigation; Turnover; Lawsuits and Litigation; Innovation and Invention; Risk and Uncertainty

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January 2023
Teaching Note

The Opioid Settlement and Executive Pay at AmerisourceBergen

By: Suraj Srinivasan and Li-Kuan Ni

Teaching Note for HBS Case No 122-014. 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... View Details

December 2022
Technical Note

Risks and Opportunities from the Transition to a Low Carbon Economy: A Business Analysis Framework

By: George Serafeim

The transition to a low carbon economy introduces many risks and opportunities for businesses. Risks emerge from regulatory actions, such as carbon taxes and cap and trade systems, technological innovation that develop alternatives for customers making existing... View Details

Keywords: Risk Assessment; Opportunities; Environmental Sustainability; Carbon Footprint; Risk Management; Competitive Dynamics; Business Analysis; Climate Change; Accounting; Finance; Valuation; Business and Shareholder Relations; Technological Innovation; Transition; Product Positioning; Renewable Energy; Analysis

August 2022
Article

The U.S. Approach to Antitrust Policy in Technology Markets

By: Shane Greenstein

This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,... View Details

Keywords: Antitrust; Lawsuits and Litigation; Information Technology; Competition

July 2022 (Revised January 2025)
Case

Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard

By: Jonas Heese, Joseph Pacelli and James Barnett

In January 2022, Microsoft announces its acquisition of the video game company Activision Blizzard, in a deal valued at $68.7 billion, which would make Microsoft the world’s third largest video game company. The deal came as Activision Blizzard faced gender pay... View Details

Keywords: Accounting; Goodwill Accounting; Analysis; Decision Making; Talent and Talent Management; Games, Gaming, and Gambling; Ethics; Leadership; Risk and Uncertainty; Mergers and Acquisitions; Lawsuits and Litigation; Entertainment and Recreation Industry; Entertainment and Recreation Industry; North America; California

March 2022 (Revised November 2023)
Case

Doubling Down: Elon Musk's Big Bets in 2022

By: David Yoffie and Daniel Fisher

2021 was a banner year for Elon Musk. CEO of the electric vehicle manufacturer Tesla, the aerospace manufacturer SpaceX, and a few smaller startups, Musk became the richest person on Earth after Tesla reached a market capitalization of $1 trillion and SpaceX a private... View Details

Keywords: Innovation and Management; Competitive Advantage; Competitive Strategy; Information Infrastructure; Applications and Software; Transportation; Strategic Planning; Leadership Style; Leading Change; Goals and Objectives; Aerospace Industry; Auto Industry; Battery Industry; United States; Europe; China

January 2022 (Revised January 2023)
Technical Note

Legal Analysis: Sexual Misconduct in the Workplace

By: J.S. Nelson and Trevor Fetter

This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and... View Details

Keywords: Crime and Corruption; Gender; Social Psychology; Behavior; Lawsuits and Litigation

December 2021
Article

Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers

By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos

We study the effect of financial incentives on whistleblowing and the consequences for whistleblowers under the cash-for-information program of the False Claims Act (FCA). Exploiting appeals-court decisions that increase financial incentives for whistleblowing, we find... View Details

Keywords: Whistleblowers; Cash-for-information Whistleblower Programs; False Claims Act; Corporate Misconduct; Consequences For Whistleblowers; Crime and Corruption; Information; Cost

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November 2021
Case

The Wolf in Cashmere: LVMH's Bid to Acquire Tiffany

By: Stuart C. Gilson and Sarah L. Abbott

In November 2019, the iconic U.S. jeweler Tiffany agreed to be acquired by the luxury goods conglomerate LVMH. The $16.6 billion transaction was scheduled to close in mid-2020. However, in 2020, the global COVID-19 pandemic took a toll on the luxury goods sector. In... View Details

Keywords: Mergers ＆ Acquisitions; Luxury Brand; COVID-19 Pandemic; Mergers and Acquisitions; Health Pandemics; Lawsuits and Litigation; Consumer Products Industry; United States; Europe

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

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

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

Keywords: Corporate Misconduct; Whistleblowers; Financial Incentives; Ethics; Governance Compliance; Lawsuits and Litigation

Article

Measuring Audit Quality

By: Shivaram Rajgopal, Suraj Srinivasan and Xin Zheng

In this paper, we document 45 specific allegations related to audit deficiencies based on GAAS, as detailed in 141 AAERs and 153 securities class action lawsuits over the violation years 1978–2016. Next, we use these allegations to validate existing popular proxies of... View Details

Keywords: Audit Quality; Audit Deficiency; AAER; Securities Class Action Lawsuits; Enforcement; Accounting Audits; Quality; Measurement and Metrics

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2021
Working Paper

Venture Capital's 'Me Too' Moment

By: Sophie Calder-Wang, Paul A. Gompers and Patrick Sweeney

In this paper, we document the historically low rate of hiring of women in the venture capital sector. We find that the high-profile Ellen Pao v. Kleiner Perkins gender discrimination trial had dramatic treatment effects. In difference-in-differences regressions, we... View Details

Keywords: Gender Discrimination; Founders; Venture Capital; Selection and Staffing; Gender; Lawsuits and Litigation

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March 2021
Case

Litigation Finance 2.0: LexShares

By: Lauren Cohen, Spencer C. N. Hagist and Yago Zavalia Gahan

Litigation finance—also referred to as third party litigation funding—was in its relative infancy as an asset class when Jay Greenberg and Max Volsky made a platform-play in the space. Seven years later, the market was far from "mainstream," but nonetheless had grown... View Details

Keywords: Finance; Entrepreneurship; Growth and Development Strategy; United States

February 2021
Case

The Tulsa Massacre and the Call for Reparations

By: Mihir Desai, Ruth Page, Suzanne Antoniou and Leanne Fan

How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government... View Details

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