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Show Results For
- All HBS Web
(1,636)
- News (309)
- Research (1,090)
- Events (4)
- Multimedia (6)
- Faculty Publications (651)
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- 2013
- Book
The Art of Negotiation: How to Improvise Agreement in a Chaotic World
By: Michael Wheeler
A member of the world-renowned Program on Negotiation at Harvard Law School introduces the powerful next-generation approach to negotiation. For many years, two approaches to negotiation have prevailed: the "win-win" method exemplified in Getting to Yes by Roger... View Details
Keywords: Negotiation
Wheeler, Michael. The Art of Negotiation: How to Improvise Agreement in a Chaotic World. New York: Simon & Schuster, 2013.
- June 1983
- Article
Don't Bet on It: Contingent Agreements with Asymmetric Information
By: James K. Sebenius and John Geanakoplos
Sebenius, James K., and John Geanakoplos. "Don't Bet on It: Contingent Agreements with Asymmetric Information." Journal of the American Statistical Association 78 (June 1983): 424–426.
- January 11, 2023
- Article
Russia and Ukraine Are Not Ready for Talks: But They Might Get There If Ukraine Keeps Winning
By: James K. Sebenius and Michael Singh
While there are many calls for negotiation between Ukraine and Russia to end their war, there does now (early 2023) not appear to be a zone of possible agreement (ZOPA), since each side's best no-agreement option ("BATNA") likely appears superior to any mutually... View Details
Keywords: Diplomacy; Agreements; Ukraine; International Relations; War; Negotiation; Ukraine; Russia
Sebenius, James K., and Michael Singh. "Russia and Ukraine Are Not Ready for Talks: But They Might Get There If Ukraine Keeps Winning." ForeignAffairs.com (January 11, 2023).
- 1984
- Book
Negotiating the Law of the Sea: Lessons in the Art and Science of Reaching Agreement
Sebenius, James K. Negotiating the Law of the Sea: Lessons in the Art and Science of Reaching Agreement. Harvard Economic Studies. Harvard University Press, 1984. (Winner of Harold and Margaret Sprout Award For the best book in the study of international environmental problems presented by International Studies Association.)
- 2011
- Other Unpublished Work
Negotiating for Development: A New Paradigm for Natural Resource Agreements
By: Eric D. Werker
- 2020
- Working Paper
The Myth of the Lead Arranger’s Share
By: Kristian Blickle, Quirin Fleckenstein, Sebastian Hillenbrand and Anthony Saunders
We make use of Shared National Credit Program (SNC) data to examine syndicated loans in which the lead arranger retains no stake. We find that the lead arranger sells its entire loan share for 27 percent of term loans and 48 percent of Term B loans, typically shortly... View Details
Blickle, Kristian, Quirin Fleckenstein, Sebastian Hillenbrand, and Anthony Saunders. "The Myth of the Lead Arranger’s Share." Working Paper, May 2020.
- August 2019 (Revised April 2021)
- Case
Unifying Divisions: Joro's Mission to Preserve the Planet
By: Shikhar Ghosh and Marilyn Morgan Westner
The case focuses on the initial startup team and Founders’ agreements. In March 2018, Sanchali Pal proposed renegotiating the informal founders’ agreement and equity split she and her co-founders had drafted the previous spring. They had been working together for over... View Details
Keywords: Founders' Agreements; Business Startups; Climate Change; Agreements and Arrangements; Conflict Management
Ghosh, Shikhar, and Marilyn Morgan Westner. "Unifying Divisions: Joro's Mission to Preserve the Planet." Harvard Business School Case 820-032, August 2019. (Revised April 2021.)
- October 1996
- Article
The Use of Covenants: An Empirical Analysis of Venture Partnership Agreements
By: Paul A. Gompers and J. Lerner
Gompers, Paul A., and J. Lerner. "The Use of Covenants: An Empirical Analysis of Venture Partnership Agreements." Journal of Law & Economics 39, no. 2 (October 1996): 463–498. (Condensed version reprinted in Investment Policy 1 (September/October 1997): 122-130.)
- 2017
- Working Paper
BATNAs in Negotiation: Common Errors and Three Kinds of 'No'
The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details
Keywords: Negotiation; BATNA; Bargaining; Zone Of Possible Agreement; Reservation Price; Reservation Value; Agreements and Arrangements; Negotiation Tactics
Sebenius, James K. "BATNAs in Negotiation: Common Errors and Three Kinds of 'No'." Harvard Business School Working Paper, No. 17-055, December 2016. (Revised March 2017, a version of this article is forthcoming in the Negotiation Journal, April 2017.)
- 2018
- Chapter
Are Licensing Markets Local? An Analysis of the Geography of Vertical Licensing Agreements in Bio-Pharmaceuticals
By: Juan Alcacer, John Cantwell and Michelle Gittelman
As the value chain of the pharmaceutical industry disaggregates, upstream discovery is increasingly carried out by small research-specialized firms while downstream development, testing and marketing is conducted by global pharmaceutical firms. Licensing plays an... View Details
Keywords: Geographic Location; Local Range; Rights; Research and Development; Biotechnology Industry; Pharmaceutical Industry
Alcacer, Juan, John Cantwell, and Michelle Gittelman. "Are Licensing Markets Local? An Analysis of the Geography of Vertical Licensing Agreements in Bio-Pharmaceuticals." In Location of Biopharmaceutical Activity, edited by Iain M. Cockburn and Matthew J. Slaughter. National Bureau of Economic Research, forthcoming.
- 2019
- Working Paper
The Impact of the General Data Protection Regulation on Internet Interconnection
By: Ran Zhuo, Bradley Huffaker, KC Claffy and Shane Greenstein
The Internet comprises thousands of independently operated networks, where bilaterally negotiated interconnection agreements determine the flow of data between networks. The European Union’s General Data Protection Regulation (GDPR) imposes strict restrictions on... View Details
Keywords: Personal Data; Privacy Regulation; GDPR; Interconnection Agreements; Internet and the Web; Governing Rules, Regulations, and Reforms; European Union
Zhuo, Ran, Bradley Huffaker, KC Claffy, and Shane Greenstein. "The Impact of the General Data Protection Regulation on Internet Interconnection." NBER Working Paper Series, No. 26481, November 2019.
- March 2021
- Article
The Impact of the General Data Protection Regulation on Internet Interconnection
By: Ran Zhuo, Bradley Huffaker, KC Claffy and Shane Greenstein
The Internet comprises thousands of independently operated networks, where bilaterally negotiated interconnection agreements determine the flow of data between networks. The European Union’s General Data Protection Regulation (GDPR) imposes strict restrictions on... View Details
Keywords: Personal Data; Privacy Regulation; GDPR; Interconnection Agreements; Internet and the Web; Governing Rules, Regulations, and Reforms
Zhuo, Ran, Bradley Huffaker, KC Claffy, and Shane Greenstein. "The Impact of the General Data Protection Regulation on Internet Interconnection." Telecommunications Policy 45, no. 2 (March 2021).
- June 1998
- Article
A New Takeover Defense Mechanism: Using an Equal Treatment Agreement as an Alternative to the Poison Pill
Subramanian, Guhan. "A New Takeover Defense Mechanism: Using an Equal Treatment Agreement as an Alternative to the Poison Pill." Delaware Journal of Corporate Law 23, no. 2 (June 1998).
- February 2014
- Case
Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'
By: James K. Sebenius and Laurence A. Green
Significant negotiation-related achievements from the career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great... View Details
Keywords: Multiparty Negotiations; Dispute Resolution; Conference Diplomacy; Free Trade Agreements Environment; Environment; Singapore; ASEAN; United Nations; Negotiation; International Relations; Personal Development and Career; Trade; Conflict and Resolution; Singapore
Sebenius, James K., and Laurence A. Green. "Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'." Harvard Business School Case 914-021, February 2014.
- June 30, 2020
- Article
Bipartisan Tax-Free Solution to Health Care Financing: Coupling HRAs With a Public Option
By: Regina E. Herzlinger, Richard Boxer and James Wallace
A combination of health insurance initiatives by the presumptive 2020 Democratic and Republican presidential nominees could expand health care coverage and significantly reduce costs, without raising taxes. Along the way, the combination could revitalize private... View Details
Keywords: Health Care Financing; Public Option; Health Reimbursement Arrangement (HRA); Health Care and Treatment; Insurance; Cost Management
Herzlinger, Regina E., Richard Boxer, and James Wallace. "Bipartisan Tax-Free Solution to Health Care Financing: Coupling HRAs With a Public Option." Health Affairs Blog (June 30, 2020).
- Summer 2013
- Article
Nuclear Negotiations With Iran
By: Paul R. Pillar, Robert Reardon, James K. Sebenius and Michael K. Singh
Paul Pillar and Robert Reardon challenge the analysis and substantive policy inputs that Sebenius and Singh developed for their article "Is a Nuclear Deal with Iran Possible? An Analytic Framework for the Iran Nuclear Negotiations" (International Security 37, no. 3... View Details
Keywords: Nuclear Proliferation; Zone Of Possible Agreement; ZOPA; International Relations; Negotiation; Iran; United States
Pillar, Paul R., Robert Reardon, James K. Sebenius, and Michael K. Singh. "Nuclear Negotiations With Iran." International Security 38, no. 1 (Summer 2013): 174–192.
- July 2018 (Revised August 2018)
- Case
Rocky Mountain Condiments: Close Encounters with the Legal System for the First Time
By: Lena G. Goldberg
The founder of a Colorado start-up focused on developing a line of condiments confronts a host of legal issues that threaten the viability of her young enterprise. She is suing a co-packer for, among other things, breach of contract, theft of recipes and trade secrets,... View Details
Keywords: Law And Regulation; Start-ups; Founders' Agreements; Cross-Border Jurisdiction; Torts; Consumer Protection; Non-disclosure Agreements; Intellectual Property Protection; Fraud; Legal Remedies; Law; Lawsuits and Litigation; Laws and Statutes; Business Startups; Contracts; Intellectual Property; Food and Beverage Industry
Goldberg, Lena G. "Rocky Mountain Condiments: Close Encounters with the Legal System for the First Time." Harvard Business School Case 319-029, July 2018. (Revised August 2018.)
- 2021
- Working Paper
Being the Boss: Gig Workers' Value of Flexible Work
By: Laura Katsnelson and Felix Oberholzer-Gee
Workers who join the gig economy face a challenging trade-off. Gig work provides worktime flexibility and a sense of being one’s own boss, but gig workers forgo certain protections that employees enjoy. In this paper, we study the work patterns of a large sample of... View Details
Keywords: Gig Workers; Flexible Work Arrangements; Worker Welfare; Labor; Governing Rules, Regulations, and Reforms
Katsnelson, Laura, and Felix Oberholzer-Gee. "Being the Boss: Gig Workers' Value of Flexible Work." Harvard Business School Working Paper, No. 21-124, May 2021.
- Winter 2012
- Article
Is a Nuclear Deal with Iran Possible?: An Analytical Framework for the Iran Nuclear Negotiations
By: James K. Sebenius and Michael K. Singh
Varied diplomatic approaches by multiple negotiators over several years have failed to conclude a nuclear deal with Iran. Mutual hostility, misperception, and flawed diplomacy may be responsible. Yet, more fundamentally, no mutually acceptable deal may exist. To assess... View Details
Keywords: Nuclear Proliferation; Zone Of Possible Agreement; International Relations; Negotiation; Iran; United States
Sebenius, James K., and Michael K. Singh. "Is a Nuclear Deal with Iran Possible? An Analytical Framework for the Iran Nuclear Negotiations." International Security 37, no. 3 (Winter 2012): 52–91.
- May 5, 2020
- Article
Why the Crisis Is Putting Companies at Risk of Losing Female Talent
By: Colleen Ammerman and Boris Groysberg
There has been a massive shift in how work gets done inside many companies and the global pivot to working remotely will likely change how many think about face time and rigid work schedules. Might these changes benefit women? The authors argue that will depend on how... View Details
Keywords: Coronavirus Pandemic; Remote Work; Flexible Work Arrangements; Health Pandemics; Employees; Working Conditions; Gender
Ammerman, Colleen, and Boris Groysberg. "Why the Crisis Is Putting Companies at Risk of Losing Female Talent." Harvard Business Review Digital Articles (May 5, 2020).