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      • Faculty Publications  (136)

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      • April 2022 (Revised August 2022)
      • Case

      Conflicts of Interest at Uptown Bank

      By: Jonas Heese
      In 2013, two employees debated whether to blow the whistle on their employer, Bell Bank, after completing an internal review that revealed undisclosed conflicts of interest. Bell Bank’s Asset Management business disproportionately invested clients’ money in Bell Bank’s... View Details
      Keywords: Whistleblower; Whistleblowing; Mutual Funds; Conflicts Of Interest; Decision Making; Decisions; Judgments; Ethics; Moral Sensibility; Values and Beliefs; Finance; Financial Institutions; Banks and Banking; Financial Management; Investment; Investment Funds; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Policy; Law; Legal Liability; Social Psychology; Motivation and Incentives; Perception; Perspective; Trust; Financial Services Industry; North and Central America; United States
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      Heese, Jonas. "Conflicts of Interest at Uptown Bank." Harvard Business School Case 122-022, April 2022. (Revised August 2022.)
      • April 2022
      • Supplement

      PG&E and the First Climate Change Bankruptcy

      By: Stuart C. Gilson
      Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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      Gilson, Stuart C. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Spreadsheet Supplement 222-714, April 2022.
      • 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
      Keywords: Fiduciary Duty; Managerial Roles; Legal Liability
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      Nelson, J.S., and Trevor Fetter. "Legal Analysis: Fiduciary Duties for Managers." Harvard Business School Background Note 322-073, November 2021. (Revised October 2024.)
      • October 7, 2021
      • Article

      Carbon Might Be Your Company’s Biggest Financial Liability

      By: Robert G. Eccles and John Mulliken
      The price of carbon may be zero in many places today, but it’s unlikely to remain zero for long. That means that many companies have hidden liabilities on their books. To cover their carbon short position, executives can take several steps: Measure the position in... View Details
      Keywords: Climate Risk; Climate Finance; Risk Management; Governance; Environmental Accounting; Climate Change; Environmental Sustainability
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      Eccles, Robert G., and John Mulliken. "Carbon Might Be Your Company’s Biggest Financial Liability." Harvard Business Review (website) (October 7, 2021).
      • 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
      Keywords: Opioids; Drug; Investors; Shareholder Activism; Investment Activism; Executive Compensation; Corporate Accountability; Corporate Governance; Governance Compliance; Governance Controls; Risk Management; Corporate Social Responsibility and Impact; Business and Shareholder Relations; Business and Stakeholder Relations; Legal Liability; Distribution Industry; Health Industry; Pharmaceutical Industry; United States; West Virginia; Tennessee; Ohio; Pennsylvania
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      Srinivasan, Suraj, and Li-Kuan Ni. "The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen." Harvard Business School Case 122-014, October 2021. (Revised October 2022.)
      • 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
      Keywords: Costs And Consequences; Decisions; Judgment And Decision-making; Lawsuit; Leading Change; Conflict Resolution; Perspective Taking; Prejudice; Bias; Reparations; Decision Making; Decision Choices and Conditions; Cost vs Benefits; Judgments; Race; Ethics; Fairness; Moral Sensibility; Values and Beliefs; Conflict Management; Governance; Corporate Accountability; Corporate Governance; Governing Rules, Regulations, and Reforms; Policy; Government and Politics; Government Legislation; History; Lawsuits and Litigation; Legal Liability; Mission and Purpose; Corporate Social Responsibility and Impact; Motivation and Incentives; Civil Society or Community; Social Issues; Oklahoma; Tulsa; United States
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      Desai, Mihir, Ruth Page, Suzanne Antoniou, and Leanne Fan. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Multimedia/Video Case 221-707, February 2021.
      • December 2020 (Revised February 2021)
      • Supplement

      The Tulsa Massacre and the Call for Reparations

      By: Mihir A. Desai and Suzanne Antoniou
      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
      Keywords: Cost vs Benefits; Decision Choices and Conditions; Decisions; Judgments; Race; Fairness; Moral Sensibility; Values and Beliefs; Corporate Accountability; Corporate Governance; Policy; Governing Rules, Regulations, and Reforms; Government Legislation; Government and Politics; Government Administration; Lawsuits and Litigation; Legal Liability; Leading Change; Mission and Purpose; Corporate Social Responsibility and Impact; Conflict and Resolution; Conflict Management; Loss; Motivation and Incentives; Perspective; Prejudice and Bias; Civil Society or Community; Social Issues; Welfare; Tulsa; Oklahoma; United States
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      Desai, Mihir A., and Suzanne Antoniou. "The Tulsa Massacre and the Call for Reparations." Harvard Business School PowerPoint Supplement 221-064, December 2020. (Revised February 2021.)
      • December 2020 (Revised February 2021)
      • Teaching Note

      The Tulsa Massacre and the Call for Reparations

      By: Mihir A. Desai and Suzanne Antoniou
      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
      Keywords: Cost vs Benefits; Decision Choices and Conditions; Decisions; Judgments; Race; Fairness; Moral Sensibility; Values and Beliefs; Corporate Accountability; Corporate Governance; Policy; Governing Rules, Regulations, and Reforms; Government Legislation; Government and Politics; Government Administration; Lawsuits and Litigation; Legal Liability; Leading Change; Mission and Purpose; Corporate Social Responsibility and Impact; Conflict and Resolution; Conflict Management; Loss; Motivation and Incentives; Perspective; Prejudice and Bias; Civil Society or Community; Social Issues; Welfare; Tulsa; Oklahoma; United States
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      Desai, Mihir A., and Suzanne Antoniou. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Teaching Note 221-044, December 2020. (Revised February 2021.)
      • 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
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      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.)
      • October 2020 (Revised February 2021)
      • Case

      The Tulsa Massacre and the Call for Reparations

      By: Mihir A. Desai, 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
      Keywords: Cost vs Benefits; Decision Choices and Conditions; Decisions; Judgments; Race; Fairness; Moral Sensibility; Values and Beliefs; Corporate Accountability; Corporate Governance; Policy; Governing Rules, Regulations, and Reforms; Government Legislation; Government and Politics; Government Administration; Lawsuits and Litigation; Legal Liability; Leading Change; Mission and Purpose; Corporate Social Responsibility and Impact; Conflict and Resolution; Conflict Management; Loss; Motivation and Incentives; Perspective; Prejudice and Bias; Civil Society or Community; Social Issues; Tulsa; Oklahoma; United States
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      Desai, Mihir A., Suzanne Antoniou, and Leanne Fan. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Case 221-039, October 2020. (Revised February 2021.)
      • July 2020 (Revised September 2020)
      • Exercise

      Accounting for Liabilities at Tesla

      By: Paul Healy and Marshal Herrmann
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      Healy, Paul, and Marshal Herrmann. "Accounting for Liabilities at Tesla." Harvard Business School Exercise 121-010, July 2020. (Revised September 2020.)
      • Article

      The Changing Landscape of Auditors' Liability

      By: Colleen Honigsberg, Shivaram Rajgopal and Suraj Srinivasan
      We provide a comprehensive overview of shareholder litigation against auditors since the passage of the Private Securities Litigation Reform Act (PSLRA). The number of lawsuits per year has declined, dismissals have increased, and settlements in recent years have... View Details
      Keywords: Auditor Litigation; Tellabs; Section 10(b); Section 11; Audit Quality; Janus; PSLRA; Class-action Litigation; Accounting Audits; Lawsuits and Litigation; Legal Liability
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      Honigsberg, Colleen, Shivaram Rajgopal, and Suraj Srinivasan. "The Changing Landscape of Auditors' Liability." Journal of Law & Economics 63, no. 2 (May 2020): 367–410.
      • April 29, 2020
      • Article

      The Case for AI Insurance

      By: Ram Shankar Siva Kumar and Frank Nagle
      When organizations place machine learning systems at the center of their businesses, they introduce the risk of failures that could lead to a data breach, brand damage, property damage, business interruption, and in some cases, bodily harm. Even when companies are... View Details
      Keywords: Artificial Intelligence; Machine Learning; Internet and the Web; Safety; Insurance; AI and Machine Learning; Cybersecurity
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      Kumar, Ram Shankar Siva, and Frank Nagle. "The Case for AI Insurance." Harvard Business Review Digital Articles (April 29, 2020).
      • January 2020 (Revised July 2020)
      • Case

      Chemours (A)

      By: David G. Fubini and David Lane
      The July 2015 spin-off of DuPont’s performance chemicals division as the independent company Chemours burdened new CEO Mark Vergnano and his team with perilous challenges. Despite market-leading offerings in several areas, the company faced a glutted market for its... View Details
      Keywords: Transformation; Chemicals; Leading Change; Crisis Management; Organizational Change and Adaptation; Chemical Industry; United States
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      Fubini, David G., and David Lane. "Chemours (A)." Harvard Business School Case 420-001, January 2020. (Revised July 2020.)
      • January 2, 2020
      • Article

      Medicare for All or Public Option: Can Either Heal Health Care?

      By: Regina E. Herzlinger and James Wallace
      The United States has serious health care problems: More than 27 million uninsured people, costs that are growing faster than income, and a staggering $37 trillion of unfunded liabilities in the Medicare program. Perhaps most alarming: The US ranks lowest among... View Details
      Keywords: Healthcare; Public Option; Medicare; Health Care and Treatment; Insurance; Cost Management; Problems and Challenges; United States
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      Herzlinger, Regina E., and James Wallace. "Medicare for All or Public Option: Can Either Heal Health Care?" Harvard Business School Working Knowledge (January 2, 2020).
      • December 2019 (Revised November 2023)
      • Background Note

      Legal Analysis: Insider Trading Liability

      By: Trevor Fetter, Eugene F. Soltes and Grant Wahlquist
      There are numerous restrictions against trading on material, nonpublic information (MNPI)—typically called “insider trading.” This note describes the limitations facing managers and investors as enforced civilly and criminally within the United States. View Details
      Keywords: Insider Trading; Legal Liability; Ethics; Crime and Corruption; Finance; United States
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      Fetter, Trevor, Eugene F. Soltes, and Grant Wahlquist. "Legal Analysis: Insider Trading Liability." Harvard Business School Background Note 320-080, December 2019. (Revised November 2023.)
      • September 2019
      • Case

      Nimbus Therapeutics

      By: Peter Barrett, Karim Lakhani and Julia Kelley
      This case focuses on Nimbus Therapeutics, a biotechnology startup based in Cambridge, Massachusetts, as its leadership team tries to determine the company’s long-term strategy. The startup’s founders structured Nimbus as a limited liability company, which has given it... View Details
      Keywords: Business Startups; Organizational Structure; Strategy; Biotechnology Industry
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      Barrett, Peter, Karim Lakhani, and Julia Kelley. "Nimbus Therapeutics." Harvard Business School Case 620-016, September 2019.
      • September 2019
      • Article

      Contingent Capital Trigger Effects: Evidence from Liability Management Exercises

      By: Boris Vallée
      This paper investigates the so called liability management exercises by European banks, which bear comparable effects to triggering contingent capital. I first explore the determinants of these exercises. I then study market reactions to these operations as well as... View Details
      Keywords: Contingent Capital; Financial Distress; Regulatory Capital; Financial Institutions; Legal Liability; Management; Banking Industry; Europe
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      Vallée, Boris. "Contingent Capital Trigger Effects: Evidence from Liability Management Exercises." Review of Corporate Finance Studies 8, no. 2 (September 2019): 235–259.
      • July–August 2019
      • Article

      Where Is Your Company Most Prone to Lapses in Integrity?

      By: Eugene F. Soltes
      Every sizable organization has integrity gaps—areas where what’s considered appropriate behavior diverges from the norms set by its leaders. Within these pockets, things like offensive language, overly aggressive sales practices, or conflicts of interest may be... View Details
      Keywords: Integrity; Organizational Culture; Ethics
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      Soltes, Eugene F. "Where Is Your Company Most Prone to Lapses in Integrity?" Harvard Business Review 97, no. 4 (July–August 2019): 51–54.
      • January 2019 (Revised May 2019)
      • Case

      When Trolls Attack: Carbonite vs. Oasis Research

      By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and Sarah Mehta
      This case, set in October 2017, follows Danielle Sheer, general counsel for Carbonite, as she defends the company against claims of patent infringement. It provides a broad overview of the U.S. patent system and explores the impact that non-practicing entities... View Details
      Keywords: Patent Infringement Litigation; Non-practicing Entities; Patent Trolls; Innovation and Invention; Intellectual Property; Patents; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Computer Industry; Technology Industry; Boston
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      Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and Sarah Mehta. "When Trolls Attack: Carbonite vs. Oasis Research." Harvard Business School Case 219-001, January 2019. (Revised May 2019.)
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