Publications

November 2017
Case

Third Point Paints a Target on Sotheby's

By: Lena G. Goldberg

When faced with the increasing accumulation of its stock by activist investors led by Daniel Loeb’s Third Point LLC and the activists’ stated objective to replace management and at least some Sotheby’s Board members, Sotheby’s, the world’s oldest auction house,... View Details

Keywords: Fiduciary Duties; Activists; Activist Investors; Rights Plan; Poison Pills; Takeover Defenses; Corporate Governance; Laws and Statutes; Lawsuits and Litigation; Ownership Stake; Value Creation; Crisis Management

20 Nov 2007
First Look

First Look: November 20, 2007

market); developing a platform for DVR-based advertising; entering the audience research business; leveraging TiVo's intellectual property both through litigation and in the marketplace; View Details

Keywords: Martha Lagace

February 2008
Article

Attracting Skeptical Buyers: Negotiating for Intellectual Property Rights

By: James J. Anton and Dennis A. Yao

Expropriable disclosures of knowledge to prospective buyers may be necessary to facilitate the sale of intellectual property (IP). In principle, confidentiality agreements can protect disclosures by granting the seller rights to sue for unauthorized use. In practice,... View Details

Keywords: Corporate Disclosure; Intellectual Property; Knowledge Sharing; Lawsuits and Litigation; Rights; Agreements and Arrangements; Competition

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January 2025
Case

Cyber Oversight: SolarWinds Board of Directors

By: Lynn S. Paine

In 2020, just two years after its IPO, information technology company SolarWinds discovered that it was the victim of an attack on its information systems by Russian hackers. The incident, known as the Sunburst attack, was costly for the company, and certain... View Details

Keywords: Corporate Governance; Corporate Accountability; Governing and Advisory Boards; Cybersecurity; Lawsuits and Litigation; Legal Liability; Business and Shareholder Relations; Risk Management; Information Technology Industry; United States; Texas; Delaware

November 2005 (Revised July 2009)
Case

Cutter & Buck (A)

By: William A. Sahlman and Victoria Winston

Only three short months into her new position as CEO of publicly traded golf apparel manufacturer Cutter & Buck, Fran Conley discovers accounting irregularities that call into question the reliability of this company's financial statements. Working closely with her... View Details

Keywords: Financial Statements; Crime and Corruption; Corporate Disclosure; Governing and Advisory Boards; Lawsuits and Litigation; Organizational Change and Adaptation; Going Public

July 2006 (Revised July 2007)
Case

C.K. Coolidge, Inc. (Abridged)

Coolidge (CKC), a chemical manufacturer, is being sued for patent infringement. The plaintiffs are the patent holder and its sole licensee, who is also a CKC competitor. An analyst at CKC has done a breakeven decision analysis from CKC's perspective, balancing going to... View Details

Keywords: Negotiation Preparation; Courts and Trials; Patents; Analysis; Decision Choices and Conditions; Lawsuits and Litigation; Chemical Industry

20 Mar 2007
First Look

First Look: March 20, 2007

last story deals with the Department of Justice's (DOJ) civil lawsuit against the tobacco industry, arguably the largest civil litigation in history. In each story, I will highlight the insights that I see... View Details

Keywords: Martha Lagace

22 Dec 2015
First Look

December 22, 2015

Ann Leamon Abstract—In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics... View Details

Keywords: Carmen Nobel

28 Nov 2016
Research & Ideas

Challenging the Belief that Liability Laws Kill Medical Device Innovation

Doctors are afraid of getting sued. According to some accounts, 75 percent of them perform more tests and procedures than necessary to avoid potential lawsuits over medical malpractice. The phenomenon of... View Details

Keywords: by Michael Blanding; Medical Devices & Supplies

September 2010
Teaching Note

Alnylam Pharmaceuticals: Building Value from the IP Estate (TN)

By: Willy C. Shih

Teaching Note for 611009. View Details

Keywords: Value; Patents; Corporate Strategy; Competition; Research and Development; Lawsuits and Litigation; Pharmaceutical Industry; United States

February 2014 (Revised June 2016)
Case

Mylan Laboratories' Proposed Merger with King Pharmaceutical

By: Lucy White and Matt Kozlowski

Perry Capital owns shares in King and, to facilitate approval of the merger, buys shares in Mylan, whilst hedging out its economic exposure to Mylan's share price using derivatives. The price at which Mylan proposes to merge with King is generous to King shareholders,... View Details

Keywords: Mergers and Acquisitions; Voting; Ethics; Stock Shares; Investment; Lawsuits and Litigation; Ownership Stake

22 Jul 2014
First Look

First Look: July 22

unrelated to the allegedly infringing patents. We next show that NPEs target firms irrespective of the closeness of those firms' patents to the NPEs', and that NPEs typically target firms that are busy with other (non-IP related) View Details

Keywords: Sean Silverthorne

11 Dec 2007
First Look

First Look: December 11, 2007

Patents as Real Options: Value and Disclosure as Drivers of Litigation Authors:Atul Nerkar, Srikanth Paruchuri and Mukti Khaire Periodical:In Real Options Theory. Vol. 24,... View Details

Keywords: Martha Lagace

25 Apr 2017
First Look

First Look at New Research, April 25

develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE View Details

Keywords: Sean Silverthorne

July 2002 (Revised August 2003)
Case

Unilever Superannuation Fund vs. Merrill Lynch, The

By: Andre F. Perold and Joshua Musher

In 2001, the Unilever Superannuation Fund sued Merrill Lynch for damages of 130 million British pounds. Over the period 1977 to 1998, the Unilever Fund had significantly underperformed the benchmark, and its trustees contended that the poor returns resulted from... View Details

Keywords: Investment; Lawsuits and Litigation; Performance Evaluation; Agreements and Arrangements; Customer Relationship Management; Risk and Uncertainty; Asset Management; Risk Management; Legal Liability; Financial Services Industry; United Kingdom

March 2008 (Revised June 2012)
Background Note

ADR Choices

By: Michael Wheeler, James Sebenius and Marjorie Aaron

Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to... View Details

Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management