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2024
Article

Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022

By: Mark J. Roe and Charles C.Y. Wang

The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when... View Details

Keywords: Corporate Law; Securities Regulation; Sarbanes-Oxley Act; Concentration Levels; Antitrust; Initial Public Offering; Public Ownership; Private Equity; Venture Capital; Mergers and Acquisitions; Monopoly; United States

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February 2024
Case

Compass Pathways: Pioneering Psychedelic Treatment

By: Tiona Zuzul, Kisha Lashley and Gamze Yucaoglu

This case follows Compass Pathways, a pioneering company developing treatment for depression based on psilocybin, the compound found in ‘magic mushrooms.’ Psilocybin was a federally illegal substance in the U.S., and a “Schedule I” drug, defined as a drug “with no... View Details

Keywords: Commercialization; Corporate Strategy; Competitive Strategy; Product Launch; Health Testing and Trials; Research and Development; Laws and Statutes; Pharmaceutical Industry; Europe; United States; United Kingdom

January 2024 (Revised June 2024)
Case

Equal Justice Initiative: Mercy, Truth and Dignity

By: V. Kasturi Rangan, Gerald Chertavian and Brittany Logan

In 1989, the Equal Justice Initiative was established as a non-profit, public interest law firm by Harvard Law School graduate, Bryan Stevenson.

EJI provides legal assistance to condemned prisoners, people wrongly convicted or unfairly sentenced, children in... View Details

Keywords: Equality and Inequality; Nonprofit Organizations; Mission and Purpose; Growth and Development Strategy; Social Issues; Race

January 11, 2024
Article

Understanding the Tradeoffs of the Amazon Antitrust Case

By: Chiara Farronato, Andrey Fradkin, Andrei Hagiu and Dionne Lomax

Regulators in the United States and Europe have been taking on Big Tech, challenging what they say are the companies’ anti-competitive and predatory strategies that harm consumers and third-party users of their platforms. This article examines the FTC’s case against... View Details

Keywords: Monopoly; Governing Rules, Regulations, and Reforms; Market Design; Lawsuits and Litigation

January 2024
Supplement

Accounting Red Flags or Red Herrings at Catalent? (B)

By: Joseph Pacelli, ZeSean Ali and Tom Quinn

GlassHouse Research identified accounting red flags at Catalent. Fiat Lux Partners countered most of GlassHouse’s claims. Who was right? This update explores the aftermath of the short seller duel. View Details

December 2023
Case

The American Bully XL

By: Robin Greenwood, Richard S. Ruback, Johnathan Sun and Robert Ialenti

The American Bully XL, first introduced to the United Kingdom around 2014, had been held responsible for a disproportionate share of both dog-related attacks and deaths. The case discusses the announcement, in October 2023, that the dog breed would be added to a list... View Details

Keywords: Governing Rules, Regulations, and Reforms; Policy; Government Administration; Laws and Statutes; Risk and Uncertainty; United Kingdom

December 2023
Case

Francis Ngannou

By: Anita Elberse

In May 2023, professional fighter Francis Ngannou is facing a choice: re-sign with the Ultimate Fighting Championship (UFC), the world’s premier mixed-martial-arts (MMA) organization, or opt for a contract with the Professional Fighters League (PFL), a growing but... View Details

Keywords: Contracts; Compensation and Benefits; Sports; Decision Choices and Conditions

December 2023
Case

Santa Elena: Table Grape Production in Chile's Water-Challenged Regions

By: Forest Reinhardt, Jenyfeer Martinez Buitrago and Mariana Cal

In the fiscal year ending in September 2022, Santa Elena, Chile’s fifth-ranking table grape exporter, a grape producer and exporter since 1980, had exported around 3.5 million boxes (18-pound each). But, due to a 13-year-long drought that plagued table grape-growing... View Details

Keywords: Plant-Based Agribusiness; Climate Change; Environmental Regulation; Environmental Sustainability; Natural Resources; Food; Environmental Law; Problems and Challenges; Weather; Adaptation; Business Strategy; Organizational Change and Adaptation; Agriculture and Agribusiness Industry; Chile; South America; Latin America

2023
Working Paper

The Real Effects of Fair Workweek Laws on Work Schedules: Evidence from Chicago, Los Angeles, and Philadelphia

By: Caleb Kwon and Ananth Raman

Effective in eight jurisdictions and banned in four, Fair Workweek Laws (FWL) aim to increase the predictability and stability of work schedules. Among other requirements, these laws penalize employers for unilaterally adjusting work schedules without providing some... View Details

Keywords: Working Conditions; Employees; Outcome or Result; Los Angeles; Chicago; Philadelphia

September 2023
Teaching Note

Patagonia: 'Earth Is Now Our Only Shareholder'

By: Brian Trelstad, Nien-hê Hsieh, Michael Norris and Susan Pinckney

Teaching Note for HBS Case No. 323-057. Patagonia’s change of ownership from a privately held company to a perpetual purpose trust and 501(c)(4) nonprofit in order to use the company’s profit to fight the environmental crisis and be a model for future businesses. View Details

September 2023 (Revised October 2023)
Case

Mohamed Salah

By: Anita Elberse and Taher El Moataz Bellah

In June 2022, Mohamed Salah, one of the world’s best soccer players, and his lawyer and advisor Ramy Abbas Issa were in ongoing discussions with top English Premier League club Liverpool FC about a new playing contract for Salah. Arguably the Arab world’s biggest... View Details

Keywords: Soccer; Football; Superstars; General Management; Sports; Entertainment; Media; Marketing; Strategy; Compensation and Benefits; Contracts; Negotiation Participants; Negotiation Process; Sports Industry; England

August 2023
Case

Ripple 2023

By: David B. Yoffie, Andy Wu and Sarah von Bargen

This case covers Ripple’s events from 2020–2023. The focus of this case is Ripple’s 2023 victory over the SEC, which sued Ripple in 2020 claiming that they did not register their XRP coins as securities. After Ripple’s victory, CEO Garlinghouse faced numerous... View Details

Keywords: Cryptocurrency; Currency; Lawsuits and Litigation; Business Strategy

August 2023 (Revised February 2024)
Case

DexAI

By: Jo Tango and Christina Wallace

During a challenging fundraising environment, the DexAI founders received two term sheets with nearly identical economic terms but very different legal ones. The entrepreneurs had to navigate: representations and warranties (their personal guarantees that the company's... View Details

Keywords: Venture Capital Term Sheet; Term Sheet; Term Sheets; Founders; Legal Aspects Of Business; Seed Financing; Founders' Agreements; Venture Capital; Entrepreneurship; Financing and Loans; Intellectual Property; Entrepreneurial Finance; Contracts; Business Startups; Agreements and Arrangements

August 2023
Article

Financing the Litigation Arms Race

By: Samuel Antill and Steven R. Grenadier

Using a dynamic real-option model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous implications for total ex-post litigant surplus. A defendant and a plaintiff bargain over a settlement payment. The... View Details

Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Lawsuits and Litigation; Financing and Loans

July 2023 (Revised April 2024)
Case

Raymond Jefferson: Trial by Fire

By: Anthony Mayo and Carin-Isabel Knoop

In the spring of 2021, Raymond (Ray) Jefferson applied for a job in President Joseph Biden’s administration. Ten years earlier, false allegations were used to force him to resign from his prior U.S. government position as Assistant Secretary of Labor for Veterans’... View Details

Keywords: Leadership Style; Personal Development and Career; Ethics; Lawsuits and Litigation

June 2023
Case

The Business of Campaigns

By: Vincent Pons and Mel Martin

In 2022, the U.S. Congress examined the Democracy Is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act, the latest in a long series of campaign finance reforms. According to its authors, the law would be the “most consequential overhaul of federal... View Details

Keywords: Political Elections; Government Legislation; Governing Rules, Regulations, and Reforms; Business and Government Relations; United States

June 12, 2023
Article

The Limits of Capacity Building for Investment Contract Negotiations

By: Karl P. Sauvant, Vanessa Sze Wai Tsang and Louis T. Wells

Developing countries must negotiate the best possible investment contracts with foreign investors at the outset. Donor organizations regularly push for “capacity building” to create technical expertise for negotiations within host country governments. But building and... View Details

Keywords: International Finance; Contracts; Negotiation

May 2023
Article

Equilibrium Effects of Pay Transparency

By: Zoë B. Cullen and Bobak Pakzad-Hurson

The public discourse around pay transparency has focused on the direct effect: how workers seek to rectify newly-disclosed pay inequities through renegotiations. The question of how wage-setting and hiring practices of the firm respond in equilibrium has received... View Details

Keywords: Pay Transparency; Online Labor Market; Privacy; Wage Gap; Corporate Disclosure; Wages; Negotiation

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2023
Book

Deeply Responsible Business: A Global History of Values-Driven Leadership

By: Geoffrey Jones

Corporate social responsibility has entered the mainstream, but what does it take to run a successful purpose-driven business? This book examines leaders who put values alongside profits to showcase the challenges and upside of deeply responsible business. Should... View Details

March 2023 (Revised September 2023)
Case

Patagonia: 'Earth Is Now Our Only Shareholder'

By: Brian Trelstad, Nien-hê Hsieh, Michael Norris and Susan Pinckney

In September 2022, Yvon Chouinard, the iconoclastic founder of outdoor apparel company Patagonia, announced a new ownership model for his company. Chouinard and his family had held complete control of the company's voting and non-voting stock since its founding 50... View Details

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