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      • May 2011 (Revised July 2012)
      • Exercise

      Remicade/Simponi: Confidential Instructions for Merck

      By: Guhan Subramanian and Rhea Ghosh
      This two-party negotiation exercise features a real-life dispute between Merck and Johnson & Johnson regarding European distribution rights to two highly lucrative drugs. View Details
      Keywords: Price; Rights; Agreements and Arrangements; Negotiation Deal; Problems and Challenges; Risk and Uncertainty; Pharmaceutical Industry
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      Subramanian, Guhan, and Rhea Ghosh. "Remicade/Simponi: Confidential Instructions for Merck." Harvard Business School Exercise 911-044, May 2011. (Revised July 2012.)
      • March 14, 2011
      • Article

      Mistaking Mistrust for Greed: How to Solve the NFL Dispute

      By: Deepak Malhotra
      Keywords: Entertainment; Sports Industry
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      Malhotra, Deepak. "Mistaking Mistrust for Greed: How to Solve the NFL Dispute." Forbes.com (March 14, 2011).
      • Article

      Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution

      By: Fabrice Lumineau and Deepak Malhotra
      This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contractual detail... View Details
      Keywords: Governance Controls; Contracts; Rights; Negotiation; Conflict and Resolution; Power and Influence
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      Lumineau, Fabrice, and Deepak Malhotra. "Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution." Strategic Management Journal 32, no. 5 (May 2011): 532–555.
      • October 2010
      • Article

      Preferring Balanced vs. Advantageous Peace Agreements: A Study of Israeli Attitudes Towards a Two-State Solution

      By: Deepak Malhotra and Jeremy Ginges
      The paper extends research on fixed-pie perceptions by suggesting that disputants may prefer proposals that are perceived to be equally attractive to both parties (i.e., balanced) rather than one-sided, because balanced agreements are seen as more likely to be... View Details
      Keywords: Fixed Pie; Balance; Peace; Negotiation; Agreements and Arrangements; Conflict and Resolution; Government and Politics; Balance and Stability; Forecasting and Prediction; Attitudes; Israel; Palestinian state
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      Malhotra, Deepak, and Jeremy Ginges. "Preferring Balanced vs. Advantageous Peace Agreements: A Study of Israeli Attitudes Towards a Two-State Solution." Judgment and Decision Making 5, no. 6 (October 2010): 420–427.
      • September 2010 (Revised October 2010)
      • Background Note

      Note on International Trade Finance

      By: C. Fritz Foley, Matthew Johnson and David Lane
      This note provides an introduction to the financing terms and payment arrangements that support international trade. It describes the principal instruments of trade finance, the limited evidence on their relative use, and the international trade dispute resolution... View Details
      Keywords: Trade; Credit; Financial Instruments; Financing and Loans; International Finance; Conflict and Resolution
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      Foley, C. Fritz, Matthew Johnson, and David Lane. "Note on International Trade Finance." Harvard Business School Background Note 211-007, September 2010. (Revised October 2010.)
      • June 2010
      • Article

      Change for Change's Sake

      By: Freek Vermeulen, Phanish Puranam and Ranjay Gulati
      No one disputes that firms have to make organizational changes when the business environment demands them. But the idea that a firm might want change for its own sake often provokes skepticism. Why inflict all that pain if you don't have to? That is a dangerous... View Details
      Keywords: Interpersonal Communication; Innovation and Invention; Leading Change; Organizational Change and Adaptation; Organizational Structure; Creativity; Power and Influence; Adaptation
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      Vermeulen, Freek, Phanish Puranam, and Ranjay Gulati. "Change for Change's Sake." Harvard Business Review 88, no. 6 (June 2010).
      • March 2010
      • Supplement

      Whose Money Is It Anyway? (C)

      By: V.G. Narayanan, Richard G. Hamermesh and Rachel Gordon
      The case describes how the Brigham and Women's Physicians Organization and its corporate parent resolved the issue of how the disputed funds would be distributed and used. View Details
      Keywords: Corporate Governance; Business Subsidiaries; Organizational Design; Conflict and Resolution; Resource Allocation; Health Industry
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      Narayanan, V.G., Richard G. Hamermesh, and Rachel Gordon. "Whose Money Is It Anyway? (C)." Harvard Business School Supplement 810-031, March 2010.
      • 2010
      • Chapter

      Backlash to Arbitration: Three Causes

      By: Louis T. Wells

      There are at least three reasons for the current backlash among developing countries against the international regime that governs disputes between foreign investors and host governments. First is the inconsistency of the decisions rendered by arbitration panels... View Details

      Keywords: Developing Countries and Economies; International Finance; Foreign Direct Investment; Agreements and Arrangements; Business and Government Relations; Conflict Management
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      Wells, Louis T. "Backlash to Arbitration: Three Causes." Chap. 14 in The Backlash Against Investment Arbitration: Perceptions and Reality, edited by Michael Waibel, Asha Kaushal, Kyo-Hwa Chung, and Claire Balchin, 341–352. Alphen aan den Rijn, Netherlands: Kluwer Law International, 2010.
      • October 2009
      • Supplement

      ADR Choices Video (Alternative Dispute Resolution Vignettes)

      By: James K. Sebenius and Michael A. Wheeler
      Keywords: Media
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      Sebenius, James K., and Michael A. Wheeler. "ADR Choices Video (Alternative Dispute Resolution Vignettes)." Harvard Business School Video Supplement 910-701, October 2009.
      • August 2009 (Revised June 2011)
      • Case

      Kansas City Zephyrs Baseball Club, Inc. 2006

      By: Krishna G. Palepu
      This case centers around a dispute between the owners and the players regarding the profitability of professional baseball teams in connection with the negotiations for a new collective bargaining agreement. The case describes the financial statements of the baseball... View Details
      Keywords: Accrual Accounting; Financial Statements; Profit; Labor Unions; Measurement and Metrics; Agreements and Arrangements; Performance; Sports Industry; United States
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      Palepu, Krishna G. "Kansas City Zephyrs Baseball Club, Inc. 2006." Harvard Business School Case 110-022, August 2009. (Revised June 2011.)
      • June 2009 (Revised August 2014)
      • Teaching Note

      Negotiating on Thin Ice: The 2004-2005 NHL Dispute (TN) (A) & (B)

      By: Deepak Malhotra
      Teaching Note for [906038] and [906039]. View Details
      Keywords: Sports Industry
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      Malhotra, Deepak. "Negotiating on Thin Ice: The 2004-2005 NHL Dispute (TN) (A) & (B)." Harvard Business School Teaching Note 909-061, June 2009. (Revised August 2014.)
      • January 2009 (Revised June 2014)
      • Case

      CityCenter (A): Vision and Design

      By: A. Eugene Kohn, John D. Macomber and Ben Creo
      CityCenter is a $9 billion project for MGM MIRAGE. The project's star architects have a major disagreement about a critical design issue. Bill Smith, head of the MGM MIRAGE Design Group, must resolve this issue to the satisfaction of all the project's stakeholders.... View Details
      Keywords: Buildings and Facilities; Cost vs Benefits; Design; Construction; Projects; Business and Stakeholder Relations; Conflict Management; Value Creation
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      Kohn, A. Eugene, John D. Macomber, and Ben Creo. "CityCenter (A): Vision and Design." Harvard Business School Case 209-052, January 2009. (Revised June 2014.)
      • June 2008
      • Teaching Note

      Showdown on the Waterfront: The West Coast Port Dispute (TN) (A) & (B)

      By: Kathleen L. McGinn, Dina R. Witter Pradel and Cailin B. Hammer
      Teaching Note for [904045] and [904067]. View Details
      Keywords: Employment; Government and Politics; Negotiation Process; Technology; United States
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      McGinn, Kathleen L., Dina R. Witter Pradel, and Cailin B. Hammer. "Showdown on the Waterfront: The West Coast Port Dispute (TN) (A) & (B)." Harvard Business School Teaching Note 908-063, June 2008.
      • April 2008 (Revised August 2008)
      • Supplement

      AT&T v. Microsoft (B): District Court Ruling and Appeal

      By: Willy C. Shih
      The (B) case follows the course of Microsoft's settlement with AT&T, and its appeal in the issue of foreign replicated software that eventually goes to the U.S. Supreme Court. It is intended for follow-up the discussion of the (A) case with what happened, examining a... View Details
      Keywords: Patents; Lawsuits and Litigation; Conflict and Resolution; Competitive Strategy; Technology Industry
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      Shih, Willy C. "AT&T v. Microsoft (B): District Court Ruling and Appeal." Harvard Business School Supplement 608-081, April 2008. (Revised August 2008.)
      • 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
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      Wheeler, Michael, James Sebenius, and Marjorie Aaron. "ADR Choices." Harvard Business School Background Note 908-040, March 2008. (Revised June 2012.)
      • December 2007
      • Article

      Private Power in Indonesia

      By: Louis T. Wells
      The Asian Currency Crisis led to the collapse of agreements Indonesia had negotiated for private electric power only a few years earlier. The ensuing struggle meant bad publicity and several hundred million dollars in costs for Indonesia. As Indonesia in 2007 was... View Details
      Keywords: Energy Generation; Government Legislation; Knowledge Management; Knowledge Sharing; Risk Management; Agreements and Arrangements; Business and Government Relations; Indonesia
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      Wells, Louis T. "Private Power in Indonesia." Bulletin of Indonesian Economic Studies 43, no. 3 (December 2007): 341–364.
      • February 2006 (Revised March 2006)
      • Case

      Negotiating on Thin Ice: The 2004-2005 NHL Dispute (A)

      By: Deepak Malhotra and Maly Hout
      On September 15, 2004, the existing collective bargaining agreement (CBA) between the National Hockey League (NHL) and the National Hockey League Players' Association (NHLPA) expired. Because the two sides had failed to negotiate a new CBA by that date, NHL... View Details
      Keywords: Negotiation Tactics; Negotiation Participants; Trust; Sports; Compensation and Benefits; Sports Industry; United States
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      Malhotra, Deepak, and Maly Hout. "Negotiating on Thin Ice: The 2004-2005 NHL Dispute (A)." Harvard Business School Case 906-038, February 2006. (Revised March 2006.)
      • February 2006 (Revised March 2006)
      • Supplement

      Negotiating on Thin Ice: The 2004-2005 NHL Dispute (B)

      By: Deepak Malhotra and Maly Hout
      Keywords: Negotiation; Compensation and Benefits; Sports; Sports Industry
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      Malhotra, Deepak, and Maly Hout. "Negotiating on Thin Ice: The 2004-2005 NHL Dispute (B)." Harvard Business School Supplement 906-039, February 2006. (Revised March 2006.)
      • April 2005
      • Article

      Compensation Schemes and Dispute Resolution Mechanisms: Beyond the Obvious

      By: James Sebenius, Ehud Eiran, Kenneth Feinberg, Michael Cernea and Francis McGovern
      Keywords: Compensation and Benefits; Negotiation
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      Sebenius, James, Ehud Eiran, Kenneth Feinberg, Michael Cernea, and Francis McGovern. "Compensation Schemes and Dispute Resolution Mechanisms: Beyond the Obvious." Negotiation Journal 21, no. 2 (April 2005): 231–244.
      • March 2005 (Revised August 2007)
      • Case

      Aguas Argentinas: Settling a Dispute

      By: Louis T. Wells Jr. and Alexandra de Royere
      The French-owned Aguas Argentinas faces a demand from the Argentine government that it renegotiate its concession to operate the Buenos Aires water and sewage services. The company must decide whether to continue with efforts to settle on a new contract or to exercise... View Details
      Keywords: Foreign Direct Investment; Contracts; Infrastructure; Privatization; Business and Government Relations; Conflict and Resolution; Business Strategy; Utilities Industry; France; Buenos Aires
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      Wells, Louis T., Jr., and Alexandra de Royere. "Aguas Argentinas: Settling a Dispute." Harvard Business School Case 705-019, March 2005. (Revised August 2007.)
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