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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

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

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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21 Apr 2014
Research & Ideas

Bio-Piracy: When Western Firms Usurp Eastern Medicine

the 1990s involved traditional Indian medicine, and many lawsuits ensued. But it was difficult to invalidate the novelty of any given remedy without published proof of prior use. To that end, the Indian... View Details

Keywords: by Carmen Nobel; Legal Services; Biotechnology

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

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

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

March 22, 2024
Article

It’s Time to Give Up on Ending Social Media’s Misinformation Problem

By: Scott Duke Kominers and Jesse Shapiro

Keywords: Social Media; Lawsuits and Litigation; Information Publishing; Policy

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May 2007
Case

Free the Grapes--Direct-to-Consumer Shipping in the Wine Industry

By: Felix Oberholzer-Gee, Dennis A. Yao, Patricia Wu and Libby Cantrill

While wine tourism in the United States was booming, the majority of consumers who tasted a Cabernet Sauvignon in one of Napa Valley's tasting rooms were not permitted to ship the wine directly to their home. In 2002, direct-to-consumer shipping was either banned or... View Details

Keywords: Business Conglomerates; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Agreements and Arrangements; Business and Government Relations; Corporate Strategy; Food and Beverage Industry; United States

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

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

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

29 Sep 2011
Sharpening Your Skills

Sharpening Your Skills: Leveraging Intellectual Property

a cure-all, but rather as a tool with both strengths and weaknesses. The increasing use of patent pools to share technology is one method for firms to avoid costly litigation arising from overlapping patent... View Details

Keywords: Re: Multiple Faculty

24 Sep 2013
First Look

First Look: September 24

abstract available. Purchase this case: http://hbr.org/search/613051 Harvard Business School Case 313-080 The Facebook IPO Litigation Despite its success in the social-networking space, Facebook Inc.'s May 2012 IPO was largely considered... View Details

Keywords: Sean Silverthorne

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

May 2014 (Revised June 2016)
Supplement

Mylan Lab's Proposed Merger with King Pharmaceuticals—courseware

By: Lucy White

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

26 Aug 2014
First Look

First Look: August 26

NPEs', and that NPEs typically target firms that are busy with other (non-IP related) lawsuits or are likely to settle. Lastly, we show that NPE litigation has a negative real... View Details

Keywords: Sean Silverthorne

February 2014
Teaching Note

Mylan Lab's Proposed Merger with King Pharmaceuticals

By: Lucy White

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