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- All HBS Web (446)
- Faculty Publications (294)
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- 1978
- Chapter
Medical Malpractice and the Propensity to Litigate
By: Jerry R. Green
Green, Jerry R. "Medical Malpractice and the Propensity to Litigate." In The Economics of Medical Malpractice, edited by S. Rottenberg. Washington: American Enterprise Institute, 1978.
- September 2004 (Revised January 2005)
- Case
Brazil's WTO Cotton Case: Negotiation Through Litigation
By: Ray A. Goldberg, Robert Lawrence and J. Katherine Milligan
Brazil has just won a case action against the U.S. cotton agriculture program at the World Trade Organization. What does this mean for future agricultural programs in the United States? For future trade policies of the United States, Brazil, and others in the global... View Details
Keywords: Developing Countries and Economies; Trade; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Lawsuits and Litigation; Negotiation Process; Negotiation Types; Agriculture and Agribusiness Industry; United States; Brazil
Goldberg, Ray A., Robert Lawrence, and J. Katherine Milligan. "Brazil's WTO Cotton Case: Negotiation Through Litigation." Harvard Business School Case 905-405, September 2004. (Revised January 2005.)
- 2013
- Working Paper
Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation
By: Francois Brochet and Suraj Srinivasan
We examine which independent directors are held accountable when investors sue firms for financial and disclosure related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over... View Details
Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Working Paper, 2013. (Harvard Business School Working Paper, No. 13-104, June 2013.)
- 26 Jul 2013
- Working Paper Summaries
Accountability of Independent Directors-Evidence from Firms Subject to Securities Litigation
Keywords: by Francois Brochet & Suraj Srinivasan
- 2011
- Chapter
M&A Break Fees: U.S. Litigation versus U.K. Regulation
By: John C. Coates
Coates, John C. "M&A Break Fees: U.S. Litigation versus U.K. Regulation." In Regulation versus Litigation: Perspectives from Economics and Law, edited by Daniel P. Kessler. University of Chicago Press, 2011.
- 13 May 2019
- Working Paper Summaries
The Changing Landscape of Auditor Litigation and Its Implications for Audit Quality
- June 2001
- Article
Playing by the Rules: How Intel Avoids Antitrust Litigation
By: David B. Yoffie and Mary Kwak
Yoffie, David B., and Mary Kwak. "Playing by the Rules: How Intel Avoids Antitrust Litigation." Harvard Business Review 79, no. 6 (June 2001): 119–122. (Reprint R0106H.)
- April 1995
- Teaching Note
EMC Corporation: Response to Shareholder Litigation (Case Series) TN
By: Josh Lerner
Teaching Note for (9-294-070) and (9-294-071). View Details
- January 2008 (Revised April 2008)
- Teaching Note
AT&T v. Microsoft: IP Litigation (TN) (A) and (B)
By: Willy Shih
Teaching Note for [608080], and [608081]. View Details
- August 2017
- Supplement
'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (B)
By: Lena G. Goldberg and Danielle V. Holland
Supplements the (A) case. View Details
Goldberg, Lena G., and Danielle V. Holland. "'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (B)." Harvard Business School Supplement 318-027, August 2017.
- October 2017
- Case
The Market for Justice: Burford Capital and the Litigation Finance Industry
By: Lauren Cohen, Christopher Malloy and William Powley
Cohen, Lauren, Christopher Malloy, and William Powley. "The Market for Justice: Burford Capital and the Litigation Finance Industry." Harvard Business School Case 218-007, October 2017.
- 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
Kempf, Elisabeth, and Oliver Spalt. "Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits." Management Science 69, no. 3 (March 2023): 1323–1934.
- Article
The Formation and Role of Reputation and Litigation in the Auditor-Manager Relationship
By: S. Datar and M. Alles
Datar, S., and M. Alles. "The Formation and Role of Reputation and Litigation in the Auditor-Manager Relationship." Journal of Accounting, Auditing & Finance 14, no. 4 (Fall 1999): 401–428.
- Article
The Information Content of Litigation Participation Securities: The Case of CalFed Bancorp
By: B. C. Esty
Esty, B. C. "The Information Content of Litigation Participation Securities: The Case of CalFed Bancorp." Journal of Financial Economics 60, nos. 2-3 (May 2001): 371–399.
- 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
Honigsberg, Colleen, Shivaram Rajgopal, and Suraj Srinivasan. "The Changing Landscape of Auditors' Liability." Journal of Law & Economics 63, no. 2 (May 2020): 367–410.
- 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
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "The Growing Problem of Patent Trolling." Science 352, no. 6285 (April 29, 2016): 521–522. (Explanatory Video.)
- 2019
- Working Paper
Voting Trusts and Antitrust: Rethinking the Role of Shareholder Rights and Private Litigation in Public Regulation, 1880s to 1930s
By: Naomi R. Lamoreaux and Laura Phillips Sawyer
Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. But they have also argued that the growth of large-scale enterprises operating in national and... View Details
Keywords: Voting Trusts; Antitrust; Business and Shareholder Relations; Lawsuits and Litigation; History; United States
Lamoreaux, Naomi R., and Laura Phillips Sawyer. "Voting Trusts and Antitrust: Rethinking the Role of Shareholder Rights and Private Litigation in Public Regulation, 1880s to 1930s." Harvard Business School Working Paper, No. 19-109, May 2019.
- 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
- 27 May 2019
- Working Paper Summaries