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- All HBS Web
(135)
- Faculty Publications (43)
- 2018
- Working Paper
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. We find that on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms—and target cash in... View Details
Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Ethics; Lawsuits and Litigation; Innovation and Invention; Corporate Finance
Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Harvard Business School Working Paper, No. 15-002, July 2014. (Revised June 2018.)
- February 2014
- Article
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
Keywords: Independent Directors; Litigation Risk; Class Action Lawsuits; Director Accountability; Reputation; Boards Of Directors; Corporate Governance; Debt Securities; Corporate Accountability; Lawsuits and Litigation
Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Journal of Financial Economics 111, no. 2 (February 2014): 430–449.
- 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.)
- December 2012 (Revised November 2014)
- Case
W.R. Grace & Co.: Dealing with Asbestos Torts
By: Stuart C. Gilson and Sarah L. Abbott
A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract... View Details
Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States
Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
- 2013
- Working Paper
Securities Litigation Risk for Foreign Companies Listed in the U.S.
By: Beiting Cheng, Suraj Srinivasan and Gwen Yu
We study securities litigation risk faced by foreign firms listed on U.S. exchanges. We take into account not only the propensity for foreign firms to commit violations of U.S. securities laws but also the costs that investors face when suing foreign firms. We find... View Details
Keywords: Litigation Risk; Cross Listing; Bonding; 10b-5; Securities Litigation; U.S.Listing; Class Action; Risk and Uncertainty; Debt Securities; Globalized Firms and Management; Ethics; Lawsuits and Litigation; United States
Cheng, Beiting, Suraj Srinivasan, and Gwen Yu. "Securities Litigation Risk for Foreign Companies Listed in the U.S." Harvard Business School Working Paper, No. 13-036, October 2012. (Revised March 2014.)
- May 2011 (Revised June 2011)
- Case
The Crisis at Tyco - A Director's Perspective
By: Suraj Srinivasan and Aldo Sesia
In 2002, Wendy Lane had been a member of the board of directors at Tyco International a little more than a year when the company's CEO Dennis Kozlowski and other top executives were accused of fraud, which ultimately led to resignations, imprisonments, lawsuits, and... View Details
Keywords: Management Teams; Reputation; Governing and Advisory Boards; Crisis Management; Accounting Audits; Problems and Challenges; Risk Management; Finance; Managerial Roles; Lawsuits and Litigation; Service Industry; United States
Srinivasan, Suraj, and Aldo Sesia. "The Crisis at Tyco - A Director's Perspective." Harvard Business School Case 111-035, May 2011. (Revised June 2011.)
- November 2010 (Revised May 2014)
- Case
Dow's Bid for Rohm and Haas
By: Benjamin C. Esty and David Lane
This case analyzes Dow Chemical Company's proposed acquisition of Rohm and Haas in 2008. The $18.8 billion acquisition was part of Dow's strategic transformation from a slow-growth, low-margin, and cyclical producer of basic chemicals into a higher-growth,... View Details
Keywords: Mergers and Acquisitions; Financial Crisis; Capital Structure; Financial Condition; Financial Management; Contracts; Lawsuits and Litigation; Risk and Uncertainty; Valuation; Chemical Industry
Esty, Benjamin C., and David Lane. "Dow's Bid for Rohm and Haas." Harvard Business School Case 211-020, November 2010. (Revised May 2014.)
- November 2010
- Supplement
Dow's Bid for Rohm and Haas (CW)
By: Benjamin C. Esty
Spreadsheet Supplement for 211020. View Details
- November 2010
- Article
The Litigation of Financial Innovations
By: Josh Lerner
This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to... View Details
Lerner, Josh. "The Litigation of Financial Innovations." Journal of Law & Economics 53, no. 4 (November 2010): 807–831.
- September 2010 (Revised July 2013)
- Case
Alnylam Pharmaceuticals: Building Value from the IP Estate
By: Willy C. Shih and Sen Chai
The learning objective of this case is to help students recognize the interplay between intellectual property (IP) rights and corporate strategy. We do this by examining what is a fairly atypical circumstance today in which a single firm is able to secure what it... View Details
Keywords: Patents; Lawsuits and Litigation; Rights; Competitive Strategy; Corporate Strategy; Biotechnology Industry; Pharmaceutical Industry; United States
Shih, Willy C., and Sen Chai. "Alnylam Pharmaceuticals: Building Value from the IP Estate." Harvard Business School Case 611-009, September 2010. (Revised July 2013.)
- fall 2010
- Article
Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America
By: Faisal Z. Ahmed, Laura Alfaro and Noel Maurer
The re-occurring phenomenon of sovereign default has prompted an enormous theoretical and empirical literature. Most of this research has focused on why countries ever chose to pay their debts (or why private creditors ever expected repayment). The problem originates... View Details
Keywords: Lawsuits and Litigation; Insolvency and Bankruptcy; Sovereign Finance; Borrowing and Debt; Debt Securities; Motivation and Incentives; Markets; Equity; Banking Industry; Latin America
Ahmed, Faisal Z., Laura Alfaro, and Noel Maurer. "Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America." Law and Contemporary Problems 73, no. 4 (fall 2010): 39–46.
- August 2010 (Revised March 2012)
- Supplement
The Dow Acquisition of Rohm and Haas (D)
By: Jay W. Lorsch and Melissa Barton
Dow's board and management team worked on arranging appropriate financing to complete the acquisition of Rohm and Haas. Meanwhile, the board of Rohm and Haas filed suit against Dow after it delayed the completion of the acquisition. View Details
Keywords: Mergers and Acquisitions; Financing and Loans; Governing and Advisory Boards; Lawsuits and Litigation; Management Teams; Chemical Industry
Lorsch, Jay W., and Melissa Barton. "The Dow Acquisition of Rohm and Haas (D)." Harvard Business School Supplement 411-004, August 2010. (Revised March 2012.)
- February 2010 (Revised June 2014)
- Supplement
CityCenter (C): Turmoil and Choices
By: John D. Macomber
"CityCenter (C)" follows the (A) and (B) cases chronologically. The (C) case explores the decisions facing MGM MIRAGE following a lawsuit by partner Dubai World and suspension of Dubai World's cash contributions to the project in early 2009. Issues include the... View Details
Keywords: Lawsuits and Litigation; Private Equity; Games, Gaming, and Gambling; Decisions; Partners and Partnerships; Conflict and Resolution; Entertainment and Recreation Industry; Nevada
Macomber, John D. "CityCenter (C): Turmoil and Choices." Harvard Business School Supplement 210-066, February 2010. (Revised June 2014.)
- September 2008 (Revised October 2008)
- Case
Shareholder Activists at Friendly Ice Cream (A1)
By: Fabrizio Ferri, V.G. Narayanan and James Weber
Two activist investors, one a founder and one a hedge fund manager, seek to improve board oversight at a chain restaurant company. Prestley Blake founded Friendly Ice Cream in 1935 with his brother, and the two created a chain of full-service restaurants. In 1979, they... View Details
Keywords: Investment Activism; Governing and Advisory Boards; Lawsuits and Litigation; Business or Company Management; Business and Shareholder Relations; Conflict of Interests; Food and Beverage Industry; United States
Ferri, Fabrizio, V.G. Narayanan, and James Weber. "Shareholder Activists at Friendly Ice Cream (A1)." Harvard Business School Case 109-013, September 2008. (Revised October 2008.)
- September 2008 (Revised October 2008)
- Supplement
Shareholder Activists at Friendly Ice Cream (A2)
By: V.G. Narayanan, Fabrizio Ferri and James Weber
The A1 and A2 versions of the “Shareholder Activists at Friendly Ice Cream (A)” split the original A case into two parts. The A1 case ends as activists Sardar Biglari and Phil Cooley prepare to meet with CEO Don Smith at Friendly's headquarters in September 2006. The... View Details
Keywords: Investment Activism; Business and Shareholder Relations; Governing and Advisory Boards; Conflict and Resolution; Lawsuits and Litigation; Business or Company Management; Food and Beverage Industry; United States
Narayanan, V.G., Fabrizio Ferri, and James Weber. "Shareholder Activists at Friendly Ice Cream (A2)." Harvard Business School Supplement 109-014, September 2008. (Revised October 2008.)
- April 2008 (Revised September 2008)
- Case
Shareholder Activists at Friendly Ice Cream (A)
By: Fabrizio Ferri, V.G. Narayanan and James Weber
Two activist investors, one a founder and one a hedge-fund manager, seek to improve board oversight at a chain restaurant company. Prestley Blake founded Friendly Ice Cream in 1935 with his brother, and the two created a chain of full-service restaurants. In 1979 they... View Details
Keywords: Investment Activism; Governing and Advisory Boards; Lawsuits and Litigation; Business or Company Management; Business and Shareholder Relations; Conflict of Interests; Food and Beverage Industry; United States
Ferri, Fabrizio, V.G. Narayanan, and James Weber. "Shareholder Activists at Friendly Ice Cream (A)." Harvard Business School Case 108-024, April 2008. (Revised September 2008.)
- March 2008 (Revised April 2009)
- Case
Eliot Spitzer: Pushing Wall Street to Reform
By: Rawi Abdelal, Rafael Di Tella and Jonathan Schlefer
New York State Attorney General Eliot Spitzer faced a decision about how to stop wrongdoing committed by major Wall Street firms during the Internet boom. The equities analysts of Merrill Lynch and other Wall Street firms were charged with objectively advising retail... View Details
Keywords: Crime and Corruption; Decisions; Financial Institutions; Stocks; Governing Rules, Regulations, and Reforms; Laws and Statutes; Lawsuits and Litigation; Conflict of Interests; Internet; Financial Services Industry; United States
Abdelal, Rawi, Rafael Di Tella, and Jonathan Schlefer. "Eliot Spitzer: Pushing Wall Street to Reform." Harvard Business School Case 708-019, March 2008. (Revised April 2009.)
- April 2007 (Revised June 2008)
- Background Note
USG
By: Elie Ofek and Kerry Herman
Serves as a background note for purposes of class discussion around next-generation innovation at USG. Describes the company, its products, and competitors. Of relevance is the fact that it recently filed for Chapter 11 due to litigation over asbestos-related claims.... View Details
Ofek, Elie, and Kerry Herman. "USG." Harvard Business School Background Note 507-073, April 2007. (Revised June 2008.)
- Article
Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members
By: Suraj Srinivasan
I use a sample of 409 companies that restated their earnings from 1997 to 2001 to examine penalties for outside directors, particularly audit committee members, when their companies experience accounting restatements. Penalties from lawsuits and Securities and Exchange... View Details
Keywords: Outcome or Result; Business Earnings; Financial Statements; Lawsuits and Litigation; Labor; Markets; Financial Reporting; Accounting Audits; Cost; Reputation
Srinivasan, Suraj. "Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members." Journal of Accounting Research 43, no. 2 (May 2005): 291–334.
- November 2004 (Revised June 2005)
- Case
Mall of America (A)
By: Lynn S. Paine and Christopher Bruner
Explores fiduciary duty issues that arose in litigation among partners in the partnership that owned and controlled the Mall of America. Describes the complex real estate transaction in which one partner attempted to purchase an additional interest in the mall from a... View Details
Keywords: Ethics; Business Organization; Lawsuits and Litigation; Partners and Partnerships; Property; Investment; Retail Industry; United States
Paine, Lynn S., and Christopher Bruner. "Mall of America (A)." Harvard Business School Case 305-068, November 2004. (Revised June 2005.)