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Legal →
- October 2022 (Revised September 2023)
- Case
SolarWinds Confronts SUNBURST (A)
On December 12, 2020, SolarWinds learned that malware had been inserted in its software, potentially granting hackers access to thousands and thousands of its 300,000 customers. General Counsel Jason Bliss needed to orchestrate the company response without knowing how... View Details
Keywords: Cyberattacks; Cybersecurity; Corporate Disclosure; Crisis Management; Customer Focus and Relationships; Legal Liability; Information Technology Industry; United States
Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (A)." Harvard Business School Case 723-357, October 2022. (Revised September 2023.)
- October 2022 (Revised September 2023)
- Supplement
SolarWinds Confronts SUNBURST (B)
Supplements the (A) case, describing actions taken by SolarWinds as well as by regulatory agencies in the aftermath of the immediate crisis. The case also includes reflections by SolarWinds managers on the choices they made with respect to disclosure, media relations,... View Details
Keywords: Cyberattacks; Cybersecurity; Corporate Disclosure; Crisis Management; Customer Focus and Relationships; Legal Liability; Governance Compliance; Business and Government Relations; Information Technology Industry; United States
Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (B)." Harvard Business School Supplement 723-368, October 2022. (Revised September 2023.)
- 2022
- Book
Corporate Criminal Investigations and Prosecutions
By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and... View Details
Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
- September 2022
- Article
Regulatory Spillover and Workplace Racial Inequality
By: Letian Zhang
This paper suggests that affirmative action bans in the U.S. public sector may influence racial inequality in the private sector. Since the 1990s, nine states have banned affirmative action practice in public universities and state governments. Though these bans have... View Details
Keywords: Inequality; Regulation; Law; Organizational Norm; CEO; Affirmative Action; Organizations; Private Sector; Equality and Inequality; Diversity; Race; Governing Rules, Regulations, and Reforms
Zhang, Letian. "Regulatory Spillover and Workplace Racial Inequality." Administrative Science Quarterly 67, no. 3 (September 2022): 595–629.
- August 2022
- Article
The Bulletproof Glass Effect: Unintended Consequences of Privacy Notices
By: Aaron R. Brough, David A. Norton, Shannon L. Sciarappa and Leslie K. John
Drawing from a content analysis of publicly traded companies’ privacy notices, a survey of managers, a field study, and five online experiments, this research investigates how consumers respond to privacy notices. A privacy notice, by placing legally enforceable limits... View Details
Keywords: Choice; Purchase Intent; Privacy; Privacy Notices; Warnings; Assurances; Information Disclosure; Trust; Consumer Behavior; Spending; Decisions; Information; Communication
Brough, Aaron R., David A. Norton, Shannon L. Sciarappa, and Leslie K. John. "The Bulletproof Glass Effect: Unintended Consequences of Privacy Notices." Journal of Marketing Research (JMR) 59, no. 4 (August 2022): 739–754.
- Article
To Drive Efforts...Don't Tiptoe Around Your Legal Risk
By: Edward Chang and Bonnie Levine
Many Diversity, Equity, and Inclusion (DEI) initiatives are scuttled because DEI leaders and legal teams feel themselves to be at odds over questions of acceptable risk. DEI leaders see lawyers as guardians of the status quo, whereas legal experts, trained to... View Details
Chang, Edward, and Bonnie Levine. "To Drive Efforts...Don't Tiptoe Around Your Legal Risk." Harvard Business Review 100, no. 4 (July–August 2022): 74–81.
- Winter 2022
- Article
Determinants of Small Business Reopening Decisions After COVID Restrictions Were Lifted
By: Dylan Balla-Elliott, Zoë B. Cullen, Edward L. Glaeser, Michael Luca and Christopher Stanton
The COVID-19 pandemic led to dramatic economic disruptions, including government-imposed restrictions that temporarily shuttered millions of American businesses. We use a nation-wide survey of thousands of small business owners to establish three main facts about... View Details
Keywords: COVID-19; Demand Forecasting; Reopening; Health Pandemics; Government Administration; Small Business
Balla-Elliott, Dylan, Zoë B. Cullen, Edward L. Glaeser, Michael Luca, and Christopher Stanton. "Determinants of Small Business Reopening Decisions After COVID Restrictions Were Lifted." Journal of Policy Analysis and Management 41, no. 1 (Winter 2022): 278–317.
- May 2022
- Case
TikTok and National Security: Investment in an Age of Data Sovereignty?
By: Jeremy Friedman, Sarah Bauerle Danzman and David Lane
This case covers TikTok’s purchase of Musical.ly and the reaction of the United States government, including the review of the purchase by the Committee on Foreign Investment in the United States (CFIUS) and the reaction of the presidential administration of Donald... View Details
Keywords: Data Security; Mergers and Acquisitions; Cybersecurity; Internet and the Web; International Relations; Laws and Statutes; Globalized Firms and Management
Friedman, Jeremy, Sarah Bauerle Danzman, and David Lane. "TikTok and National Security: Investment in an Age of Data Sovereignty?" Harvard Business School Case 722-020, May 2022.
- 2022
- Working Paper
Small Campaign Donors
By: Laurent Bouton, Julia Cagé, Edgard Dewitte and Vincent Pons
In this paper, we study the characteristics and behavior of small donors, and compare them to those of large donors. We first build a novel dataset including all the 340 million individual contributions reported to the U.S. Federal Election Commission between 2005 and... View Details
Keywords: Campaign Finance; Campaign Contributions; Small Donations; ActBlue; WinRed; TV Advertising; Political Elections; Finance; Demographics; Advertising; Analysis; Analytics and Data Science
Bouton, Laurent, Julia Cagé, Edgard Dewitte, and Vincent Pons. "Small Campaign Donors." NBER Working Paper Series, No. 30050, May 2022.
- April 2022
- Case
Marsha Simms: Trailblazer in Corporate Law
By: Robin Ely, Boris Groysberg, Colleen Ammerman and Olivia Hull
Follows the journey of lawyer Marsha Simms from her childhood in racially-segregated St. Louis to the upper echelons of the New York legal community. Describes her education, career choices, accomplishments, and setbacks. Highlights significant moments such as her... View Details
Keywords: Leadership; Career; Career Management; Diversity; Inclusion; Equity; Gender; Race; Corporate Finance; Law; Leadership Development; Personal Development and Career; Relationships; Power and Influence; Social and Collaborative Networks; Status and Position; Social Issues; Legal Services Industry; United States; New York (state, US)
Ely, Robin, Boris Groysberg, Colleen Ammerman, and Olivia Hull. "Marsha Simms: Trailblazer in Corporate Law." Harvard Business School Case 422-012, April 2022.
- April 2022 (Revised August 2022)
- Case
Conflicts of Interest at Uptown Bank
By: Jonas Heese
In 2013, two employees debated whether to blow the whistle on their employer, Bell Bank, after completing an internal review that revealed undisclosed conflicts of interest. Bell Bank’s Asset Management business disproportionately invested clients’ money in Bell Bank’s... View Details
Keywords: Whistleblower; Whistleblowing; Mutual Funds; Conflicts Of Interest; Decision Making; Decisions; Judgments; Ethics; Moral Sensibility; Values and Beliefs; Finance; Financial Institutions; Banks and Banking; Financial Management; Investment; Investment Funds; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Policy; Law; Legal Liability; Social Psychology; Motivation and Incentives; Perception; Perspective; Trust; Financial Services Industry; North and Central America; United States
Heese, Jonas. "Conflicts of Interest at Uptown Bank." Harvard Business School Case 122-022, April 2022. (Revised August 2022.)
- April 2022
- Supplement
PG&E and the First Climate Change Bankruptcy
By: Stuart C. Gilson
- March 2022 (Revised February 2024)
- Case
El Salvador: Launching Bitcoin as Legal Tender
By: Laura Alfaro, Carla Larangeira and Ruth Costas
In June 2021, Nayib Bukele, El Salvador’s president, surprised the world with the announcement that the country would adopt bitcoin as legal tender, becoming the first nation to do so. Bitcoin was mostly used for trading and had one of the most volatile track records... View Details
Keywords: Bitcoin; Cryptocurrency; Currency; Financial Strategy; Economic Growth; Governance; Macroeconomics; Assets; Latin America; El Salvador
Alfaro, Laura, Carla Larangeira, and Ruth Costas. "El Salvador: Launching Bitcoin as Legal Tender." Harvard Business School Case 322-055, March 2022. (Revised February 2024.)
- March 2022 (Revised March 2024)
- Background Note
Legal Analysis: Bribery and Corruption
By: Nien-he Hsieh, Christopher Diak and Matthew Souba
- 2022
- Chapter
Sustainability for People and the Planet: Placing Workers at the Center of Sustainability Research
By: Julie Yen, Julie Battilana and Emilie Aguirre
Though workers face a series of critical challenges in contemporary work organizations, they are often overlooked in conversations about sustainable business. In this chapter, we argue that prioritizing the rights and well-being of workers is a core dimension of... View Details
Keywords: Environmental Sustainability; Employees; Well-being; Corporate Social Responsibility and Impact; Organizational Structure; Social Issues
Yen, Julie, Julie Battilana, and Emilie Aguirre. "Sustainability for People and the Planet: Placing Workers at the Center of Sustainability Research." Chap. 11 in Handbook on the Business of Sustainability: The Organization, Implementation, and Practice of Sustainable Growth, edited by Gerard George, Martine R. Haas, Havovi Joshi, Anita M. McGahan, and Paul Tracey, 189–214. Edward Elgar Publishing, 2022.
- February 2022 (Revised August 2022)
- Case
Amazon, Expedia, and Antitrust: Meeting Legal and Ethical Responsibilities to Customers
By: Robert J. Dolan
Dolan, Robert J. "Amazon, Expedia, and Antitrust: Meeting Legal and Ethical Responsibilities to Customers." Harvard Business School Case 522-085, February 2022. (Revised August 2022.)
- February 2022 (Revised December 2022)
- Background Note
Legal Analysis: Employees
By: Nien-he Hsieh
Hsieh, Nien-he. "Legal Analysis: Employees." Harvard Business School Background Note 322-096, February 2022. (Revised December 2022.)
- January 2022 (Revised January 2023)
- Technical Note
Legal Analysis: Sexual Misconduct in the Workplace
By: J.S. Nelson and Trevor Fetter
This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and... View Details
Nelson, J.S., and Trevor Fetter. "Legal Analysis: Sexual Misconduct in the Workplace." Harvard Business School Technical Note 322-085, January 2022. (Revised January 2023.)
- December 2021
- Case
Should I Stay or Should I Go? Assessing Risk in Carlos Ghosn's International Escape
By: Eugene F. Soltes, Grace Liu and Muneeb Ahmed
In 2018, automotive tycoon Carlos Ghosn was arrested in Japan on financial misreporting charges, followed later by charges of improper payments and misappropriation of funds. Over a year later, still awaiting trial, Ghosn organized his escape from house arrest in Tokyo... View Details
Keywords: Crime and Corruption; Decision Making; Cost vs Benefits; Decision Choices and Conditions; Ethics; Cross-Cultural and Cross-Border Issues; Law; Courts and Trials; Rights; Risk and Uncertainty; Auto Industry; Japan
Soltes, Eugene F., Grace Liu, and Muneeb Ahmed. "Should I Stay or Should I Go? Assessing Risk in Carlos Ghosn's International Escape." Harvard Business School Case 122-051, December 2021.
- December 2021
- Case
Whistleblowing at Veolia: A Technology Solution
By: Aiyesha Dey, Jonas Heese, Christian Godwin and James Weber
In 2019, Bruno Masson, the vice chairman of Veolia’s Ethics Committee, was preparing for a meeting on a rollout plan for a new whistleblowing system to more countries. Veolia, a global supplier of water, waste, and energy services, had recently gone through several... View Details
Keywords: Whistleblowing; Corporate Misconduct; Corporate Governance; Ethics; Crime and Corruption; Values and Beliefs; Trust; Employee Relationship Management; Utilities Industry
Dey, Aiyesha, Jonas Heese, Christian Godwin, and James Weber. "Whistleblowing at Veolia: A Technology Solution." Harvard Business School Case 122-050, December 2021.