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- October 2009 (Revised May 2011)
- Background Note
Memo From Counsel: Antitrust Law and Customer Allocation
By: Lynn S. Paine and Lara Adamsons
When do antitrust laws come into play in a bidding situation? What should a company do if an antitrust violation is uncovered? This memo discusses "hard-core" antitrust violations, focusing on bid rigging and market allocation, under the laws of the U.S. and other... View Details
- October 2009 (Revised May 2011)
- Case
Stolt-Nielsen Transportation Group
By: Lynn S. Paine and Lara Adamsons
Richard Wingfield considers whether to continue a cooperative agreement with industry peers in the deep-sea parcel tanker shipping industry. What are the economic and strategic implications of ending the agreement? What are the legal implications of continuing? Where... View Details
- October 2009 (Revised February 2010)
- Case
Wiwa v. Royal Dutch/Shell
By: Lynn S. Paine and Lara Adamsons
On the eve of trial, and after nearly 14 years of pre-trial litigation, the parties in Wiwa v. Royal Dutch/Shell jointly announced that the four U.S. lawsuits stemming from the execution of the Ogoni Nine in 1995 had been settled. View Details
- September 2009 (Revised February 2011)
- Case
Intellectual Ventures
By: Andrei Hagiu, David B. Yoffie and Alison Berkley Wagonfeld
Intellectual Ventures creates and acquires intellectual property, which it then seeks to monetize through non-exclusive licensing. In early 2009, as an increasing number of companies were trying to position themselves as leading intermediaries in the market for... View Details
- 2009
- Working Paper
Operational Failures and Problem Solving: An Empirical Study of Incident Reporting
By: Julia Rose Adler-Milstein, Sara J. Singer and Michael W. Toffel
Operational failures occur in all industries with consequences that range from minor inconveniences to major catastrophes. Many organizations have implemented incident reporting systems to highlight actual and potential operational failures in order to encourage... View Details
- July 2009 (Revised March 2010)
- Teaching Note
Airbus vs. Boeing: Parts (TN) (A) to (F)
By: Ramon Casadesus-Masanell, Erich Alexander Voigt and Jordan Mitchell
Teaching Note for [707447], [707448], [707449]. [707450], [707451], and [707452]. View Details
Keywords: Lawsuits and Litigation
- June 2009
- Case
The Role of the Audit Committee in Risk Oversight
By: Jay W. Lorsch and Kaitlyn Simpson
An audit committee chair considers how he can help his committee become more effective given the increasing regulatory demands on audit committees. He also wrestles with the lack of specificity in audit committee duties and whether his committee should take on... View Details
- June 2009
- Teaching Note
COFCO Xinjiang Tunhe Co., Ltd. (TN)
By: David E. Bell, Sarah Morton and Mary Louise Shelman
Teaching Note for [508079]. View Details
Keywords: Mergers and Acquisitions; Customer Focus and Relationships; Goals and Objectives; Quality; Price; Competitive Strategy; Contracts; Supply and Industry; Business or Company Management; Problems and Challenges; Safety; Cost Management; Food and Beverage Industry; Agriculture and Agribusiness Industry; China
- June 2009
- Teaching Note
Negotiating Equity Splits at UpDown (TN)
By: Noam T. Wasserman and Deepak Malhotra
Teaching Note for [809020]. View Details
- May 2009
- Article
The Empirical Impact of Intellectual Property Rights on Innovation: Puzzles and Clues
By: Josh Lerner
Economists have long seen the patent system as a crucial lever through which policymakers affect the speed and nature of innovation in the economy. It is not surprising, then, that the profound changes which have roiled the global patent system over the past 20 years... View Details
- May 2009
- Article
When Contracts Destroy Trust
By: Deepak Malhotra
Contracts exist to foster trust, but they can actually do the opposite. Overly detailed contracts leave no room for spontaneous acts of kindness to create goodwill between parties; too-rigid contracts leave parties unable to respond to the unanticipated; and, strangely... View Details
- April 2009 (Revised June 2010)
- Supplement
Supply Chain Partners: Virginia Mason and Owens & Minor (B)
By: V.G. Narayanan and Lisa Brem
The epilogue to Supply Chain Partners: Virginia Mason and Owens & Minor (A), the B case details the outcome of the issues discussed in Case A; namely that Virginia Mason and Owens & Minor did implement the TSCC contract. Virginia Mason also kept the suture contract... View Details
- April 2009 (Revised November 2018)
- Case
Sanctuary Soft: International Expansion Strategies
By: Boris Groysberg, Geoff Marietta, Tim Marshall and Adam Hartley
Sanctuary Soft CEO Elizabeth Smalley faced increasing pressure from her primary investor to expand operations internationally. If successful, the expansion could enlarge Sanctuary’s customer base and enable the firm to better serve existing clients’ overseas offices.... View Details
- April 2009 (Revised March 2010)
- Background Note
Restructuring Distressed Companies -- Cross-National Comparisons
This note describes briefly bankruptcy regimes and out of court restructuring in 5 countries, the U.S., the U.K., Germany, France and Japan. View Details
- April 2009 (Revised April 2009)
- Case
Immusol and Novartis
By: Regina E. Herzlinger, Keyne M. Monson, Juan D. Betancourt and Victor Li
Should Immusol strive to become a fully integrated pharmaceutical company? How should a small pharmaceutical company structure a deal for its novel technology with the giant Novartis? View Details
- March 2009
- Background Note
Note on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)
By: Stuart C. Gilson
In 2005, new legislation was passed by the U.S. Congress and signed into law by the President that introduced a number of major amendments to U.S. bankruptcy law, affecting both business and consumer bankruptcies. This legislation, called the Bankruptcy Abuse... View Details
- March 2009
- Background Note
Evaluating M&A Deals: Floors, Caps, and Collars
As equity consideration has become more popular in acquisitions, so has the use of the "pricing-protection" mechanisms, such as floors, caps, and collars. These contractual devices provide insurance to the shareholders of the target and may protect the buyer as well.... View Details
- March 2009 (Revised March 2010)
- Case
Groupe Eurotunnel S.A. (A)
By: Stuart C. Gilson, Vincent Marie Dessain and Sarah Abbott
In the summer of 2006, the chairman and CEO of Eurotunnel Group is faced with the decision whether to file for bankruptcy protection, after having failed to gain creditor approval of an ambitious out-of-court restructuring plan. The company, which has been attempting... View Details
- March 2009
- Supplement
Groupe Eurotunnel S.A. (B): Restructuring Under the Procedure de Sauvegarde
By: Stuart C. Gilson, Vincent Marie Dessain and Sarah Abbott
In mid-2007 the chairman and CEO of Eurotunnel Group, having elected to file for bankruptcy under a newly-enacted French insolvency law, awaits the outcome of a vote by creditors and shareholders. At least 50% of the shareholders must approve the plan, however they... View Details