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- All HBS Web (171)
- Faculty Publications (102)
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- November 2021 (Revised October 2024)
- Background Note
Legal Analysis: Fiduciary Duties for Managers
By: J.S. Nelson and Trevor Fetter
This note describes the essential legal responsibilities of managers and company directors toward investors and other parties. These include basic fiduciary duties of loyalty, obedience, good faith and care, as well as duties that relate to... View Details
Nelson, J.S., and Trevor Fetter. "Legal Analysis: Fiduciary Duties for Managers." Harvard Business School Background Note 322-073, November 2021. (Revised October 2024.)
- November 2004 (Revised February 2006)
- Background Note
Note on Insider Trading Liability
By: Lynn S. Paine and Christopher Bruner
Provides a general description and overview of U.S. law on insider trading, including the basic theories of liability, the responsibilities of securities firm managers to prevent and detect insider trading, and the potential penalties for insider trading. A rewritten... View Details
Paine, Lynn S., and Christopher Bruner. "Note on Insider Trading Liability." Harvard Business School Background Note 305-029, November 2004. (Revised February 2006.)
- June 2023
- Article
Managing Medical Device Liability Through Innovation: A Strategic Approach
By: Alberto Galasso and Hong Luo
In this article, we discuss several aspects of the relationships among product liability risk, safety, and innovation strategies of medical device companies. View Details
Galasso, Alberto, and Hong Luo. "Managing Medical Device Liability Through Innovation: A Strategic Approach." Health Management, Policy and Innovation 8, no. 1 (June 2023).
- 28 Nov 2016
- Research & Ideas
Challenging the Belief that Liability Laws Kill Medical Device Innovation
Defensive medicine spurs innovation They found, ultimately—and perhaps counterintuitively—that far from being an inhibitor to innovation, the practice of defensive medicine might have actually encouraged it. Legal View Details
- 03 Mar 2003
- Research & Ideas
Top Ten Legal Mistakes Made by Entrepreneurs
these war stories with the prospective entrepreneurs, in the form of a list of "top ten" legal mistakes often made by the unsuspecting. In addition, Bagley teaches the second year elective course, "Legal Aspects of... View Details
Keywords: by Staff
- December 2007
- Case
Ruling the Modern Corporation: The Debate over Limited Liability in Massachusetts
By: David A. Moss and Eugene Kintgen
In 1830, Governor Levi Lincoln, Jr. urged the Massachusetts state legislature to introduce a limited liability regime for manufacturing corporations similar to that adopted in neighboring states. At least since 1809, shareholders in the state's manufacturing... View Details
Keywords: Capital; Debt Securities; Legal Liability; Production; Business and Shareholder Relations; Manufacturing Industry; Massachusetts
Moss, David A., and Eugene Kintgen. "Ruling the Modern Corporation: The Debate over Limited Liability in Massachusetts." Harvard Business School Case 708-016, December 2007.
- 31 Jul 2018
- Working Paper Summaries
How Does Product Liability Risk Affect Innovation? Evidence from Medical Implants
Keywords: by Alberto Galasso and Hong Luo
- Article
To Drive Efforts...Don't Tiptoe Around Your Legal Risk
By: Edward Chang and Bonnie Levine
Many Diversity, Equity, and Inclusion (DEI) initiatives are scuttled because DEI leaders and legal teams feel themselves to be at odds over questions of acceptable risk. DEI leaders see lawyers as guardians of the status quo, whereas legal experts, trained to... View Details
Chang, Edward, and Bonnie Levine. "To Drive Efforts...Don't Tiptoe Around Your Legal Risk." Harvard Business Review 100, no. 4 (July–August 2022): 74–81.
- September 1970
- Article
Recent Liability Cases - Implications for Accountants
By: Henry B. Reiling and Russell A. Taussig
Reiling, Henry B., and Russell A. Taussig. "Recent Liability Cases - Implications for Accountants." Journal of Accountancy (September 1970). (Porter & Burton, Auditing: A Conceptual Approach, Wadsworth Pub. Co., 1970; 21 Roeh Haheshbon (Israel) 276-94 (1971); Disclosure Requirements & Other Stock Market Responsibilities of a Public Company, Vol. I, Pract. Law Inst.)
- Research Summary
What Makes the Bonding Stick? A Natural Experiment Testing the Legal Bonding Hypothesis
On March 29, 2010, the U.S. Supreme Court signaled its intention to geographically limit the reach of the U.S. securities antifraud regime and thus differentially exclude U.S.-listed foreign firms from the ambit of formal U.S. antifraud enforcement. We use this legal... View Details
- April 2022
- Article
AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care
By: Ariel Dora Stern, Avi Goldfarb, Timo Minssen and W. Nicholson Price II
Despite enthusiasm about the potential to apply artificial intelligence (AI) to medicine and health care delivery, adoption remains tepid, even for the most compelling technologies. In this article, the authors focus on one set of challenges to AI adoption: those... View Details
Keywords: Artificial Intelligence; Medicine; Health Care and Treatment; Legal Liability; Insurance; Technology Adoption; AI and Machine Learning
Stern, Ariel Dora, Avi Goldfarb, Timo Minssen, and W. Nicholson Price II. "AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care." NEJM Catalyst Innovations in Care Delivery 3, no. 4 (April 2022).
- 2001
- Other Unpublished Work
'Pure Accidents' and the Evolving Bias of American Liability Law
By: David Moss and Michael Fein
- December 2020 (Revised September 2023)
- Case
PG&E and the First Climate Change Bankruptcy
By: Stuart C. Gilson and Sarah L. Abbott
In early 2020, the California-based utility PG&E filed a second amended plan of reorganization. PG&E had filed for Chapter 11 bankruptcy in the face of more than $30 billion of legal claims brought against it for its alleged role in causing California wildfires. The... View Details
Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
Gilson, Stuart C., and Sarah L. Abbott. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Case 221-057, December 2020. (Revised September 2023.)
- Research Summary
What Makes the Bonding Stick? A Natural Experiment Involving the U.S. Supreme Court and Cross-Listed Firms
On March 29, 2010, the U.S. Supreme Court signaled its intention to geographically limit the reach of the U.S.securities antifraud regime and thus differentially exclude U.S.-listed foreign firms from the ambit of formal U.S.antifraud enforcement. We exploit this... View Details
- January 2025
- Case
Constitutional Fiction: John Miller & the Legitimacy of Family Constitutions
By: Lauren Cohen, Octavian Graf Pilati and Sophia Pan
John Miller sat reviewing his family’s Constitution, grappling with how best to implement and enforce its provisions. Designed to prevent ambiguity in governance, the Family Constitution set out core values and guidelines to promote harmony and cohesion among family... View Details
Keywords: Conflict Resolution; Perspective Taking; Liabilities; Family Business; Family Ownership; Business Growth and Maturation; Alignment; Cooperation; Attitudes; Behavior; Cognition and Thinking; Conflict Management; Conflict of Interests; Power and Influence; Perception; Trust; Perspective; Motivation and Incentives; Happiness; Identity; Goals and Objectives; Legal Liability; Contracts; Fairness; Values and Beliefs; Governance Controls; Governing Rules, Regulations, and Reforms; Family and Family Relationships; Manufacturing Industry; Germany
Cohen, Lauren, Octavian Graf Pilati, and Sophia Pan. "Constitutional Fiction: John Miller & the Legitimacy of Family Constitutions." Harvard Business School Case 225-054, January 2025.
- June 2015
- Article
The Organization of Enterprise in Japan
By: Tom Nicholas
Recent research reveals that the joint stock corporation was not a superior form of business organization in many countries historically. In Japan, however, it played a more fundamental role. Between 1896 and 1939 joint stock enterprises accounted for 44 percent of... View Details
Keywords: Japan; Legal Form; Enterprise; Modernization; Business Organization; Entrepreneurship; Japan
Nicholas, Tom. "The Organization of Enterprise in Japan." Journal of Economic History 75, no. 2 (June 2015): 333–363.
- 2010
- Working Paper
Integrity: A Positive Model That Incorporates the Normative Phenomena of Morality, Ethics, and Legality Abridged
By: Werner H. Erhard, Michael C. Jensen and Steve Zaffron
We present a positive model of integrity that, as we distinguish and define integrity, provides powerful access to increased performance for individuals, groups, organizations, and societies. Our model reveals the causal link between integrity and increased... View Details
Keywords: Trust; Performance Productivity; Information Technology; Knowledge; Moral Sensibility; Opportunities; Competitive Advantage; Legal Liability; Cost vs Benefits
Erhard, Werner H., Michael C. Jensen, and Steve Zaffron. "Integrity: A Positive Model That Incorporates the Normative Phenomena of Morality, Ethics, and Legality Abridged." Harvard Business School Working Paper, No. 10-061, February 2010.
- 2002
- Working Paper
Legal Risk as a Determinant of Syndicate Structure in the Project Finance Loan Market
By: Benjamin C. Esty and William L. Megginson
- April 2022
- Supplement
PG&E and the First Climate Change Bankruptcy
By: Stuart C. Gilson
- September 2013 (Revised February 2016)
- Case
GlaxoSmithKline: Sourcing Complex Professional Services
By: Heidi K. Gardner and Silvia Hodges Silverstein
Pharmaceutical company GlaxoSmithKline (GSK) uses an innovative new approach to procuring outside legal counsel: it replaces relationship-based selection and law firms' traditional time-based billing with data-driven decision making and an online reverse auction. In... View Details
Keywords: Legal Industry; Procurement; Professional Service Firms; Pricing; Competition; Change Management; Supply Chain Management; Legal Liability; Business Processes; Legal Services Industry; Legal Services Industry
Gardner, Heidi K., and Silvia Hodges Silverstein. "GlaxoSmithKline: Sourcing Complex Professional Services." Harvard Business School Case 414-003, September 2013. (Revised February 2016.)