Publications

Article

Contested Meanings of Freedom: Workingmen's Wages, the Company Store System and the Godcharles v. Wigeman Decision

By: Laura Phillips Sawyer

In 1886, the Pennsylvania Supreme Court struck down a law that prohibited employers from paying wages in company store scrip and mandated monthly wage payments. The court held that the legislature could not prescribe mandatory wage contracts for legally competent... View Details

Keywords: Wages; Rights; Fairness; Lawsuits and Litigation; Laws and Statutes; Pennsylvania

Innovation and Its Discontents: How Our Broken Patent System is Endangering Innovation and Progress, and What to Do About It

The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic... View Details

October 2020 (Revised August 2022)
Case

Epic Games: Nineteen Eighty-Fortnite

By: Andy Wu, Miaomiao Zhang and Christopher Zhang

In the midst of intensifying public and political attention towards the market power of big technology, Epic Games in 2020 challenged the status quo that has existed for years in the Apple iOS and Google Android mobile application marketplaces and payment systems.... View Details

Keywords: Mobile Platforms; Mobile App Industry; Mobile Payment Systems; Antitrust; Games, Gaming, and Gambling; Mobile and Wireless Technology; Lawsuits and Litigation; Entrepreneurship; Competitive Strategy; Digital Platforms; United States

Video

Rao-Regulation and Corruption

January 2007 (Revised April 2007)
Background Note

Note on Lobbying

By: Felix Oberholzer-Gee, Libby Cantrill and Patricia Wu

Describes how companies engage the political and legal system and the rules and ethics associated with doing so. Focuses on the U.S. political and legal system, but also seeks to familiarize readers with lobbying norms and structures in the European Union and Japan. View Details

Keywords: Business and Government Relations; Ethics; Labor Unions; Legal Services Industry; Legal Services Industry; United States; Japan; European Union

Article

Least-Cost Avoiders in Online Fraud and Abuse

By: Benjamin Edelman

Web users face considerable fraud, malfeasance, and economic harm that system operators could prevent or mitigate. Although the legal system can respond, regulations have mixed results. I examine the applicable legal rules that constrain online fraud and the economic... View Details

Keywords: Online Technology; Crime and Corruption; Governing Rules, Regulations, and Reforms; Economics; Law

Read Now

February 2018
Background Note

Patent Trolling

By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou

The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details

Keywords: Intellectual Property; Patents; Lawsuits and Litigation; United States

21 Jan 2021
Video

Nguyen Thi Phuong Thao

Nguyen Thi Phuong Thao, President and CEO of VietJet Air, describes navigating the aviation industry’s regulations including challenges in integrating Vietnam’s legal system and the international legal system, the lack of private aviation business in Vietnam until... View Details

March 2024 (Revised June 2024)
Case

Governing OpenAI (A)

By: Lynn S. Paine, Suraj Srinivasan and Will Hurwitz

In late November 2023, OpenAI’s new board of directors took stock of the situation. The company, which sought to develop artificial general intelligence (AGI)—computer systems with capabilities exceeding human abilities—was looking to regain its footing after a chaotic... View Details

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

Keywords: Bonds; Financial Markets; Investment; Code Law; Contracts; Law Enforcement; Size; Brazil

Read Now

18 Jan 2012
News

Politics, Tax Code Said to Stymie U.S.

October 2010 (Revised May 2012)
Background Note

Reverse Engineering, Learning, and Innovation

By: Willy C. Shih

This background reading looks at reverse engineering in the context of piracy and knock-offs in emerging markets like China. It first considers legal aspects of reverse engineering in strong property rights regimes like the United States as a way of unpacking the legal... View Details

Keywords: Crime and Corruption; Learning; Engineering; Innovation and Invention; Intellectual Property; Knowledge Use and Leverage; Emerging Markets; China; United States

June 2000 (Revised July 2000)
Case

ORIX KK

By: Malcolm S. Salter and Andrew Eggers

Describes the challenges facing a Japanese financial services company as it attempts to maintain its ability to attract and retain talented employees. The CEO's ideas of corporate governance and evidence from the competitive labor environment suggest the need for more... View Details

Keywords: Corporate Governance; Compensation and Benefits; Motivation and Incentives; Management Analysis, Tools, and Techniques; Geographic Location; Financial Services Industry; Japan

Article

Trust and Incentives in Agency

By: Ramon Casadesus-Masanell and Daniel F Spulber

Contracts between a principal and an agent are not formed in a vacuum. Although formal contracts between a principal and an agent contain explicit incentives for performance, the relationship between a principal and an agent also involves implicit incentives. Three... View Details

Keywords: Trust; Motivation and Incentives; Agency Theory; Contracts; Market Transactions; Performance; Relationships; Societal Protocols; Legal Liability; Cost

03 Aug 2015
News

How Women Business Owners Could Lift Emerging Markets' GDP By 12%

07 Mar 2013
HBS Seminar

Mike Toffel, Harvard Business School

17 May 2010
Research & Ideas

What Brazil Teaches About Investor Protection

your field? Aldo Musacchio: When I wrote the book, most of the discussion on corporate governance was focused on the legal system and the corporate laws of countries. The conclusions were a bit... View Details

Keywords: by Sean Silverthorne; Banking; Financial Services

November 2005 (Revised February 2007)
Case

Governing Sumida Corporation

By: Lynn S. Paine, Masako Egawa, Chisato Toyama and Kim Bettcher

Describes the corporate governance changes adopted by Japan's Sumida Corp. between 1999 and 2005, setting them in the context of changes in Japan's commercial code during this period. Sumida was the first Japanese company to adopt a new U.S.-inspired "committee system"... View Details

Keywords: Governing and Advisory Boards; Corporate Governance; Change Management; Business or Company Management; Management Teams; Law; Japan