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- June 2021
- Article
Deals in the Time of Pandemic
By: Guhan Subramanian and Caley Petrucci
The COVID-19 pandemic has brought new attention to the period between signing and closing in M&A transactions. Transactional planners heavily negotiate the provisions that govern the behavior of the parties during this window, not only to allocate risk between the... View Details
Subramanian, Guhan, and Caley Petrucci. "Deals in the Time of Pandemic." Columbia Law Review 121, no. 5 (June 2021): 1405–1480.
- May 2021 (Revised August 2021)
- Case
Melissa Wood Health: How to Win in the Creator Economy
By: Eva Ascarza
In October 2020, Melissa Wood-Tepperberg, founder of the digital subscription wellness platform Melissa Wood Health (MWH) and creator of ‘The MWH Method,’ was evaluating the strategic directions of her company. What had started as a way to share workouts and wellness... View Details
Ascarza, Eva. "Melissa Wood Health: How to Win in the Creator Economy." Harvard Business School Case 521-086, May 2021. (Revised August 2021.)
- May 2021 (Revised November 2024)
- Case
Colombia: An Economic Premium to Peace?
By: Richard Vietor
Colombia, once the fastest growing country in Latin America, continues to struggle with productivity. Both labor productivity and total factor productivity have been low for the past decade, despite economic growth of 4.7% annually. Many factors contribute, which... View Details
Keywords: Productivity; Productivity Growth; Conflict; Labor Force Participation; Labor Market; Competitiveness; Dutch Disease; Security; Peace; Informality; Labor Laws; Total Factor Productivity; Labor Productivity; COVID-19 Pandemic; Economics; Development Economics; Economic Growth; Economy; Macroeconomics; Conflict Management; Competitive Advantage; Infrastructure; Negotiation; Inflation and Deflation; Non-Renewable Energy; National Security; Government Administration; Latin America; Central America; Colombia; South America
Vietor, Richard. "Colombia: An Economic Premium to Peace?" Harvard Business School Case 721-053, May 2021. (Revised November 2024.)
- April 2021 (Revised December 2021)
- Case
The Carlyle Group: Carving Out Atotech
On January 31, 2017, The Carlyle Group ("Carlyle") closed its $3.2 billion acquisition of Atotech, an international Specialty Chemicals and Equipment company. In Carlyle's Washington, DC headquarters, the US-based deal team—Martin Sumner, Greg Nikodem, Tanaka Maswoswe... View Details
Keywords: Oil & Gas; Deal; International Acquisition; International; Acquisition; Negotiation Deal; Transformation; Chemicals; Chemical Industry; United States; Europe; Asia; Germany
Kanter, Rosabeth Moss. "The Carlyle Group: Carving Out Atotech." Harvard Business School Case 321-153, April 2021. (Revised December 2021.)
- April 16, 2021
- Article
A Playbook for Negotiators in the Social Media Era
By: James K. Sebenius, Ben Cook, David Lax, Ron S. Fortgang, Isaac Silberberg and Paul Levy
The disruptive effects of social media have been felt in virtually every corner of the world. Yet the information revolution has been largely ignored in the field of negotiation. Through a series of case studies we explore how savvy practitioners can ethically harness... View Details
Keywords: Negotiation Analysis; Bargaining; Negotiation; Analysis; Negotiation Tactics; Social Media; North America
Sebenius, James K., Ben Cook, David Lax, Ron S. Fortgang, Isaac Silberberg, and Paul Levy. "A Playbook for Negotiators in the Social Media Era." Harvard Business Review Digital Articles (April 16, 2021).
- January 2021 (Revised March 2021)
- Case
Juno (A): Leveraging Student Power
By: Joshua Schwartzstein, Kathleen L. McGinn and Amy Klopfenstein
In March 2020, Chris Abkarians and Nikhil Agarwal were in the midst of preparing the annual auction for their student loan assistance startup, Juno. Both current MBA students at Harvard Business School, the duo founded Juno in 2018 to leverage student bargaining power... View Details
Keywords: Decision Making; Decision Choices and Conditions; Decisions; Cost vs Benefits; Education; Higher Education; Finance; Borrowing and Debt; Strategy; Adaptation; Alignment; Negotiation; Agreements and Arrangements; Negotiation Participants; Negotiation Process; Negotiation Tactics; Negotiation Deal; Negotiation Offer; Negotiation Types; Financial Services Industry; Education Industry; North and Central America; United States; Massachusetts; Boston
Schwartzstein, Joshua, Kathleen L. McGinn, and Amy Klopfenstein. "Juno (A): Leveraging Student Power." Harvard Business School Case 921-032, January 2021. (Revised March 2021.)
- January 2021 (Revised March 2021)
- Supplement
Juno (B): Leveraging Student Power
By: Joshua Schwartzstein, Kathleen L. McGinn and Amy Klopfenstein
In March 2020, Juno co-founders Chris Abkarians and Nikhil Agarwal decided to pitch banks in anticipation of their annual auction while negotiating directly with private lender Eager. Responses from the majority of private lenders—including Juno’s 2019 partner—were not... View Details
Keywords: Decision Making; Decision Choices and Conditions; Decisions; Cost vs Benefits; Judgments; Education; Higher Education; Finance; Borrowing and Debt; Strategy; Adaptation; Alignment; Negotiation; Negotiation Deal; Negotiation Offer; Negotiation Participants; Negotiation Process; Negotiation Types; Financial Services Industry; Education Industry; North and Central America; United States; Massachusetts; Boston
Schwartzstein, Joshua, Kathleen L. McGinn, and Amy Klopfenstein. "Juno (B): Leveraging Student Power." Harvard Business School Supplement 921-033, January 2021. (Revised March 2021.)
- January 2021 (Revised March 2021)
- Supplement
Juno (C): Leveraging Student Power
By: Joshua Schwartzstein, Kathleen L. McGinn and Amy Klopfenstein
In May 2020, Juno co-founders Chris Abkarians and Nikhil Agarwal decided to hold the annual auction for their student loan assistance startup. Five lenders submitted bids, and the co-founders ultimately opted to select Eager Bank as their partner for the 2020-2021... View Details
Keywords: Decision Making; Decision Choices and Conditions; Decisions; Cost vs Benefits; Judgments; Education; Higher Education; Finance; Borrowing and Debt; Strategy; Adaptation; Alignment; Negotiation; Agreements and Arrangements; Negotiation Deal; Negotiation Offer; Negotiation Participants; Negotiation Process; Negotiation Tactics; Negotiation Types; Financial Services Industry; Education Industry; North and Central America; United States; Massachusetts; Boston
Schwartzstein, Joshua, Kathleen L. McGinn, and Amy Klopfenstein. "Juno (C): Leveraging Student Power." Harvard Business School Supplement 921-034, January 2021. (Revised March 2021.)
- Winter 2021
- Article
Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation
By: James K. Sebenius, Ben Cook, David A. Lax, Isaac Silberberg and Paul Levy
While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding... View Details
Sebenius, James K., Ben Cook, David A. Lax, Isaac Silberberg, and Paul Levy. "Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation." Special Issue on Artificial Intelligence, Technology, and Negotiation. Negotiation Journal 37, no. 1 (Winter 2021): 97–141.
- Winter 2021
- Editorial
Introduction
This issue of Negotiation Journal is dedicated to the theme of artificial intelligence, technology, and negotiation. It arose from a Program on Negotiation (PON) working conference on that important topic held virtually on May 17–18. The conference was not the... View Details
Wheeler, Michael A. "Introduction." Special Issue on Artificial Intelligence, Technology, and Negotiation. Negotiation Journal 37, no. 1 (Winter 2021): 5–12.
- 2020
- Book
Dealmaking: The New Strategy of Negotiauctions
Based on broad research and detailed case studies, Dealmaking provides the jargon-free, empirically sound advice you need to close the deal.
Leading dealmaking scholar Guhan Subramanian specializes in understanding how deals work. As a Harvard Business... View Details
Leading dealmaking scholar Guhan Subramanian specializes in understanding how deals work. As a Harvard Business... View Details
Subramanian, Guhan. Dealmaking: The New Strategy of Negotiauctions. 2nd edition. New York: W. W. Norton & Company, 2020.
- April 2020 (Revised June 2020)
- Case
Oriental Land Co., Ltd.—Tokyo Disney Resort
By: Ramon Casadesus-Masanell and Akiko Kanno
This case describes the history of Oriental Land Co. Ltd.’s (OLC's) Tokyo Disney Resort (TDR), its operations, the extent of vertical integration, and the challenges it faced in 2018 as OLC's chairman and CEO, Toshio Kagami, contemplated how best to deal with... View Details
Keywords: Strategy For Multi-business Firm; Business Models; Growth; Theme Parks; Disney; Disney Parks; Licensing; Royalties; Two-part Tariffs; Oriental Land Co.; Tokyo Disneyland; Tokyo DisneySea; Tokyo Disney Resort; Tokyo Disney; Growth Strategy; Hotels; Hotel Industry; Partnership; Development; Attractions; Rides; Urayasu; Kagami; Congestion; Pricing; Amusement Parks; Amusement Park Industry; Brand; Branding; History; OLC; Corporate Strategy; Competitive Strategy; Business History; Price; Retention; Growth and Development; Growth and Development Strategy; Brands and Branding; Agreements and Arrangements; Contracts; Operations; Vertical Integration; Problems and Challenges; Partners and Partnerships; Business Strategy; Expansion; Rail Transportation; Transportation Networks; Accommodations Industry; Entertainment and Recreation Industry; Tourism Industry; Asia; Japan; Tokyo; United States
Casadesus-Masanell, Ramon, and Akiko Kanno. "Oriental Land Co., Ltd.—Tokyo Disney Resort." Harvard Business School Case 720-460, April 2020. (Revised June 2020.)
- 2019
- Article
Go-Shops Revisited
By: Guhan Subramanian and Annie Zhao
A go-shop process turns the traditional M&A deal process on its head: rather than a pre-signing market canvass followed by a post-signing “no shop” period, a go-shop deal involves a limited pre-signing market check, followed by a post-signing “go shop” process to find... View Details
Keywords: Go-shop Process; Mergers and Acquisitions; Negotiation Process; Negotiation Deal; Performance Effectiveness; Technological Innovation
Subramanian, Guhan, and Annie Zhao. "Go-Shops Revisited." Harvard Law Review 133, no. 4 (February 2020): 1216–1279.
- February 2020 (Revised January 2022)
- Case
Getting Brexit Done
By: Alberto Cavallo
In the early hours of Friday, December 13, 2019, a triumphant Boris Johnson, the UK Prime Minister, stood in front of his supporters and declared, “We did it – we pulled it off, didn’t we? We broke the deadlock, [. . .] we smashed the roadblock. [. . .] This election... View Details
Keywords: Economic Integration; Brexit; Economics; Trade; Political Elections; Government Administration; Policy; Negotiation; Globalized Economies and Regions; Problems and Challenges; European Union; Europe
Cavallo, Alberto. "Getting Brexit Done." Harvard Business School Case 720-023, February 2020. (Revised January 2022.)
- October 2019 (Revised January 2020)
- Case
John Branca: Negotiating Michael Jackson's Thriller (A)
By: James K. Sebenius and Alex Green
John Branca, attorney to pop musician Michael Jackson, must negotiate a series of deals on behalf of his client in order to safeguard his financial interests and creative license during a period of rising stardom. View Details
Sebenius, James K., and Alex Green. "John Branca: Negotiating Michael Jackson's Thriller (A)." Harvard Business School Case 920-027, October 2019. (Revised January 2020.)
- 2019
- Article
Pay-for-Monopoly?: An Assessment of Reverse Payment Deals by Pharmaceutical Companies
By: Sana Rafiq and Max Bazerman
Abstract
Over the past eighteen years, pharmaceutical firms have developed a blueprint to impede competition in order
to maintain their monopoly profits. This scheme, termed pay-for-delay, involves direct or indirect payment of
money from a branded-drug manufacturer... View Details
Rafiq, Sana, and Max Bazerman. "Pay-for-Monopoly? An Assessment of Reverse Payment Deals by Pharmaceutical Companies." Journal of Behavioral Economics for Policy 3, no. 1 (2019): 37–43.
- 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.
- Article
Handshaking Promotes Deal-Making by Signaling Cooperative Intent
By: Juliana Schroeder, Jane L. Risen, Francesca Gino and Michael I. Norton
We examine how a simple handshake—a gesture that often occurs at the outset of social interactions—can influence deal-making. Because handshakes are social rituals, they are imbued with meaning beyond their physical features. We propose that during mixed-motive... View Details
Keywords: Handshake; Cooperation; Affiliation; Competition; Negotiation; Nonverbal Communication; Negotiation Participants; Behavior; Communication Intention and Meaning; Negotiation Deal
Schroeder, Juliana, Jane L. Risen, Francesca Gino, and Michael I. Norton. "Handshaking Promotes Deal-Making by Signaling Cooperative Intent." Journal of Personality and Social Psychology 116, no. 5 (May 2019): 743–768.
- February 2019 (Revised January 2020)
- Teaching Note
Renegotiating NAFTA
By: Laura Alfaro and Sarah Jeong
On January 16, 2020, the Senate passed a landmark trade deal that would replace the 26-year-old North American Free Trade Agreement (NAFTA). Until the United States-Mexico-Canada Agreement (USMCA) was signed, considerable debate had surrounded it. The new agreement... View Details
- February 2019 (Revised November 2023)
- Case
Rent-a-Center/Vintage Capital
By: Guhan Subramanian and Caeden Brynie
Christopher Korst, General Counsel for Rent-A-Center (RAC), looked at the time. It was late in the evening on December 17, 2018, yet no notice of extension had come from Vintage Capital. In June, Vintage had agreed to buy RAC for $15 per share in cash, amounting to... View Details
Subramanian, Guhan, and Caeden Brynie. "Rent-a-Center/Vintage Capital." Harvard Business School Case 919-031, February 2019. (Revised November 2023.)