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- January 2023 (Revised November 2024)
- Technical Note
Legal Analysis: Labor Unions in the United States
By: Reshmaan Hussam, Trevor Fetter and Grace Liu
This note provides an overview of the regulation, mechanics, and history of labor unions in the United States, along with an overview of their place in the early 21st century. View Details
- January 2023 (Revised August 2023)
- Case
Veeva Systems and the Transformation to a Public Benefit Corporation
By: Ranjay Gulati and Allison M. Ciechanover
Peter Gassner, the co-founder and CEO of Veeva Systems, steered the company through rapid scaling from its launch in 2007 to 2022. Year after year, the company had exceeded expectations, with its market capitalization reaching $50 billion at its peak. By 2022, the... View Details
- January 2023
- Teaching Note
The Opioid Settlement and Executive Pay at AmerisourceBergen
By: Suraj Srinivasan and Li-Kuan Ni
Teaching Note for HBS Case No 122-014. In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices that critics alleged... View Details
Keywords: Opioids; Shareholder Activism; Investment Activism; Corporate Accountability; Corporate Governance; Governance Compliance; Governance Controls; Executive Compensation; Risk Management; Corporate Social Responsibility and Impact; Business and Shareholder Relations; Business and Stakeholder Relations; Distribution Industry; Health Industry; Pharmaceutical Industry; United States; West Virginia; Tennessee; Ohio; Pennsylvania
- December 2022 (Revised February 2023)
- Case
Daniel Defense: Responding to the Shooting at the Robb Elementary School in Uvalde, TX
By: Benjamin C. Esty and Daniel Fisher
At 11:33am on May 24, 2022, an 18-year-old man from Uvalde, Texas walked into the Robb Elementary School carrying a semi-automatic "AR-15-style” rifle manufactured by Daniel Defense and killed 19 children and two adults. Three days later, Representative Carolyn Maloney... View Details
Keywords: Gun Violence; Gun Policy; Second Amendment; Legal Liability; Government Legislation; Marketing Strategy; Business or Company Management; Product Marketing; Ethics; Corporate Accountability; Corporate Social Responsibility and Impact; Moral Sensibility; Crime and Corruption; Governing Rules, Regulations, and Reforms; Manufacturing Industry; Advertising Industry; United States
- December 2022 (Revised January 2023)
- Case
Cann: High Hopes for Cannabis Infused Beverages
By: Ayelet Israeli and Anne V. Wilson
Founded in 2018 by Jake Bullock and Luke Anderson, Cann sold “social tonics,” or cannabis-infused beverages. By 2022, the company had several notable celebrity investors and talent partners, had sold over 10 million beverages to consumers, was distributing in six... View Details
Keywords: Stigma; Product Innovation; Product Introduction; Product Differentiation; New Products; New Product Marketing; New Product Management; Brand Management; Branding; Packaging; Positioning; Growth Strategy And Execution; Growth; Cannabis Industry; Purpose; Purpose Brands; LGBTQ; Direct-to-consumer; DTC; Regulations; Channels Of Distribution; Product Development; Product Marketing; Product Positioning; Product; Innovation and Invention; Brands and Branding; Marketing; Marketing Communications; Marketing Channels; Advertising; Advertising Campaigns; Digital Marketing; Market Entry and Exit; Governing Rules, Regulations, and Reforms; Consumer Products Industry; Food and Beverage Industry; United States; Canada; North America
- December 2022 (Revised May 2024)
- Background Note
Brief Note on Staggered Boards
By: Lynn S. Paine and Will Hurwitz
This background note discusses the evolution, use, and prevalence of staggered boards. By comparison with unitary boards whose members are all elected annually for one-year terms, staggered boards are divided into subsets of directors, with one subset up for election... View Details
- 2022
- Article
Before Plagiarism: Lawyers and Copynorms in Europe, 1300–1600
By: Robert Fredona and Sophus A. Reinert
This essay uses the concept of 'copynorms', social norms about copying expressive works that can be distinct from legal norms about the same, in order to understand the meaning of intellectual property among Roman law and canon law jurists from the fourteenth through... View Details
- November 2022
- Case
Wendy Estrella: Scaling Multiple Businesses
By: Jeffrey J. Bussgang and Sarah Mehta
Entrepreneur Wendy Estrella, a self-made, Latina millionaire based in Lawrence, Massachusetts, is attempting to simultaneously scale her law practice as well as her property management and development company. What path should she take for each and can she do it all,... View Details
- November 2022
- Case
The Battle Among Channels for Marketing Pharmaceuticals: UpScript, Pharmacy Benefit Managers, and Direct-to-Consumer Sales
By: Regina E. Herzlinger and Tiffany Farrell
Can an online, direct-to-consumer pharmacy both improve the quality and speed of care for patients who need branded drugs and stabilize profits for pharmaceutical manufacturers? UpScript, after years spent achieving legal and regulatory compliance and simultaneous... View Details
- 20 Oct 2022
- Other Presentation
4 Business Ideas That Changed the World: Shareholder Value
By: Adi Ignatius, Lynn Paine, Mihir Desai and Carola Frydman
A roundtable conversation appraises the 50-year reign of shareholder primacy and the growing backlash against it today.
The idea that maximizing shareholder value takes legal and practical precedence above all else first came to prominence in the 1970s. The... View Details
The idea that maximizing shareholder value takes legal and practical precedence above all else first came to prominence in the 1970s. The... View Details
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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