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- All HBS Web (135)
- Faculty Publications (77)
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- 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.)
- 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.)
- 2019
- Chapter
Appraisal after Dell
This essay presents new data on appraisal litigation and appraisal outs. I find that appraisal claims have not meaningfully declined in 2016 and that perceived appraisal risk, as measured by the incidence of appraisal outs, has increased since the Dell appraisal in May... View Details
Subramanian, Guhan. "Appraisal after Dell." Chap. 10 in The Corporate Contract in Changing Times: Is the Law Keeping Up? edited by Steven Davidoff Solomon and Randall Stuart Thomas, 222–243. University of Chicago Press, 2019.
- January 2016 (Revised January 2019)
- Supplement
The Allergan Board Under Fire (B)
By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R&D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Corporate Governance; Investment Activism; Business and Stakeholder Relations; Business Model; Business and Shareholder Relations; Valuation; Pharmaceutical Industry
Paine, Lynn S., Suraj Srinivasan, John C. Coates, and David Lane. "The Allergan Board Under Fire (B)." Harvard Business School Supplement 316-029, January 2016. (Revised January 2019.)
- September 2009 (Revised August 2011)
- Case
Scooter Lindley: The Formation Call
By: Lena G. Goldberg
Factors affecting decision making about appropriate types of business entities are explored in the context of advising a prospective investor with particular emphasis on why LLCs are increasingly "go-to" entities. The potential effect of choice of organization on... View Details
Keywords: Business Organization; Decision Choices and Conditions; Entrepreneurship; Investment; Lawsuits and Litigation; Delaware
Goldberg, Lena G. "Scooter Lindley: The Formation Call." Harvard Business School Case 310-036, September 2009. (Revised August 2011.)
- fall 2008
- Article
Typosquatting: Unintended Adventures in Browsing
By: Benjamin Edelman
"Typosquatting" is the practice of registering domain names, identical to or confusingly similar to trademarks and famous names, in hopes that users will accidentally request these sites—whereupon they will receive, typically, advertisements. This piece presents the... View Details
Edelman, Benjamin. "Typosquatting: Unintended Adventures in Browsing." Cybercrime Gets Personal McAfee Security Journal (fall 2008): 34–37.
- December 2022
- Technical Note
Risks and Opportunities from the Transition to a Low Carbon Economy: A Business Analysis Framework
By: George Serafeim
The transition to a low carbon economy introduces many risks and opportunities for businesses. Risks emerge from regulatory actions, such as carbon taxes and cap and trade systems, technological innovation that develop alternatives for customers making existing... View Details
Keywords: Risk Assessment; Opportunities; Environmental Sustainability; Carbon Footprint; Risk Management; Competitive Dynamics; Business Analysis; Climate Change; Accounting; Finance; Valuation; Business and Shareholder Relations; Technological Innovation; Transition; Product Positioning; Renewable Energy; Analysis
Serafeim, George. "Risks and Opportunities from the Transition to a Low Carbon Economy: A Business Analysis Framework." Harvard Business School Technical Note 123-014, December 2022.
- 2018
- Working Paper
It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading
By: Trung Nguyen and Quoc H. Nguyen
We use hand-collected data from SEC’s litigation releases for insider trading violations to examine the effect of geographic distance on its enforcement activities and insider trading activities. First, we find that the SEC is more likely to investigate companies that... View Details
Keywords: SEC; Enforcement; Financial Misconduct; Insider Trading; Geographic Proximity; Governance Compliance; Law Enforcement; Geographic Location; Finance; Crime and Corruption
Nguyen, Trung, and Quoc H. Nguyen. "It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading." Working Paper.
- 2023
- Working Paper
Segmented Going-Public Markets and the Demand for SPACs
By: Angela Ma, Miles Zheng and Jessica Bai
We provide a regulatory-arbitrage-based explanation for the origin and proliferation of the Special Purpose Acquisition Company (SPAC). SPAC sponsors act as non-bank intermediaries, and the SPAC market structure appeals to yield-seeking investors and riskier,... View Details
Keywords: Special Purpose Acquisition Companies; Non-bank Intermediaries; Regulatory Arbitrage; Adverse Selection; Initial Public Offering
Ma, Angela, Miles Zheng, and Jessica Bai. "Segmented Going-Public Markets and the Demand for SPACs." Working Paper, 2023.
- 14 Mar 2007
- Op-Ed
Government’s Misguided Probe of Private Equity
diversification. Are there costs of syndication? Undoubtedly. When venture groups team up, it may "soften the competition." In many technologies and regions, there are only a handful of leading groups. When two of these work together, the valuation at which... View Details
- July 1994 (Revised April 1995)
- Case
San Francisco Bay Consulting
By: George P. Baker III and Karin B Monsler
San Francisco Bay Consulting leads the field of economic consulting and litigation support in the application of powerful computers and cutting edge software to manipulate and analyze large data sets. The transfer pricing system, used to facilitate the purchasing and... View Details
Keywords: Fair Value Accounting; Profit; Marketing; Fluctuation; Consulting Industry; Computer Industry
Baker, George P., III, and Karin B Monsler. "San Francisco Bay Consulting." Harvard Business School Case 195-096, July 1994. (Revised April 1995.)
- March 2010
- Article
Information Content of Insider Trades before and after the Sarbanes-Oxley Act
By: Francois Brochet
This paper examines the information content of Form 4 filings under the more timely disclosure regime introduced by Section 403 of the Sarbanes-Oxley Act of 2002 (SOX). Abnormal returns and trading volumes around filings of insider stock purchases are significantly... View Details
Keywords: Stocks; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Government Legislation; Lawsuits and Litigation; Market Transactions; Volume; Sales
Brochet, Francois. "Information Content of Insider Trades before and after the Sarbanes-Oxley Act." Accounting Review 85, no. 2 (March 2010): 419–446.
- 25 Apr 2014
- Research & Ideas
To Pay or Not to Pay: Argentina and the International Debt Market
Editor's note. Argentina is in the midst of a continuing saga regarding its 2002 default on its sovereign debt, a case that the US Supreme Court will decide soon. HBS finance professor Laura Alfaro, who served from 2010 to 2012 as... View Details
Keywords: by Laura Alfaro
- 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.)
- January 2010
- Article
Does Public Ownership of Equity Improve Earnings Quality?
We compare the quality of accounting numbers produced by two types of public firms-those with publicly traded equity and those with privately held equity that are nonetheless considered public by virtue of having publicly traded debt. We develop and test two... View Details
- 22 Dec 2015
- First Look
December 22, 2015
finance patents in the years after the landmark litigation between State Street Bank and Signature Financial Group. We show that relative to two sets of comparison groups, View Details
Keywords: Carmen Nobel
- 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.)
- October 2021
- Case
Financial Reporting at Mattel
By: Aiyesha Dey, Trung Nguyen, Marshal Herrmann and Julia Kelley
In September 2020, Diana Ferguson was nearing her first Audit Committee meeting as the newly appointed Audit Committee chair of Mattel, Inc. Mattel was just recovering from an accounting scandal which had revealed the company’s poor internal controls and weak board... View Details
Keywords: Accounting; Accounting Audits; Financial Reporting; Financial Statements; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Lawsuits and Litigation; Business and Shareholder Relations; Consumer Products Industry; Entertainment and Recreation Industry; Financial Services Industry; North and Central America; United States; California
Dey, Aiyesha, Trung Nguyen, Marshal Herrmann, and Julia Kelley. "Financial Reporting at Mattel." Harvard Business School Case 122-006, October 2021.
- November 2010 (Revised November 2017)
- Case
Washout: The Founders' Tale and the Investors' Tale
By: Lena G. Goldberg and Chad M. Carr
The competing narratives of the founders of Alantec, Inc. and the venture capitalists who funded the company are explored in the context of Kalashian v. Advent VI Ltd. a California Superior Court case. The founders of the company, which produced switches for computer... View Details
Keywords: Business Startups; Venture Capital; Governance Controls; Governing and Advisory Boards; Lawsuits and Litigation; Managerial Roles; Ownership Stake; Business and Shareholder Relations; Conflict and Resolution; Technology Industry
Goldberg, Lena G., and Chad M. Carr. "Washout: The Founders' Tale and the Investors' Tale." Harvard Business School Case 311-078, November 2010. (Revised November 2017.)
- 16 Apr 2013
- Working Paper Summaries