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      • Faculty Publications  (326)

      Legal Aspects Of BusinessRemove Legal Aspects Of Business →

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      • 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
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      Esty, Benjamin C., and Daniel Fisher. "Daniel Defense: Responding to the Shooting at the Robb Elementary School in Uvalde, TX." Harvard Business School Case 323-058, December 2022. (Revised February 2023.)
      • 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
      Keywords: Corporate Governance; Governing and Advisory Boards; Business History; Trends; Decision Choices and Conditions; United States
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      Paine, Lynn S., and Will Hurwitz. "Brief Note on Staggered Boards." Harvard Business School Background Note 323-040, December 2022. (Revised May 2024.)
      • December 2022 (Revised August 2023)
      • Case

      Ribbit Capital and the Gauntlet Investment Opportunity

      By: Shai Bernstein and Allison M. Ciechanover
      Ten-year-old, Palo Alto-based Ribbit Capital is best-known for its global investments in fintech. The firm was also an early advocate of crypto and blockchain, having invested in more than two dozen startups in the space in the past decade. In the Spring of 2022,... View Details
      Keywords: Alternative Assets; Cryptocurrency; Business Startups; Investment Portfolio; Decision Choices and Conditions; Negotiation Deal; Governing Rules, Regulations, and Reforms; Venture Capital; Financial Services Industry; California
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      Bernstein, Shai, and Allison M. Ciechanover. "Ribbit Capital and the Gauntlet Investment Opportunity." Harvard Business School Case 823-038, December 2022. (Revised August 2023.)
      • 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
      Keywords: Business Ventures; Change; Competency and Skills; Decision Making; Demographics; Entrepreneurship; Personal Development and Career; Legal Services Industry; Legal Services Industry; Massachusetts
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      Bussgang, Jeffrey J., and Sarah Mehta. "Wendy Estrella: Scaling Multiple Businesses." Harvard Business School Case 823-016, November 2022.
      • 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
      Keywords: DTC; Internet and the Web; Marketing Channels; Customer Value and Value Chain; Governing Rules, Regulations, and Reforms; Competitive Strategy; Service Delivery; Growth and Development Strategy; Pharmaceutical Industry; Health Industry; Retail Industry
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      Herzlinger, Regina E., and Tiffany Farrell. "The Battle Among Channels for Marketing Pharmaceuticals: UpScript, Pharmacy Benefit Managers, and Direct-to-Consumer Sales." Harvard Business School Case 323-031, November 2022.
      • 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
      Keywords: Shareholder Value Maximization; Business and Shareholder Relations
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      "4 Business Ideas That Changed the World: Shareholder Value." HBR IdeaCast (podcast), Harvard Business Review Group, October 20, 2022.
      • October 2022 (Revised September 2023)
      • Supplement

      SolarWinds Confronts SUNBURST (B)

      By: Frank Nagle, George A. Riedel, William R. Kerr and David Lane
      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
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      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
      Keywords: Criminal Investigations; Crime and Corruption; Legal Liability
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      Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
      • 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
      Keywords: Diversity; Risk Management; Legal Liability
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      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
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      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
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      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.
      • 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
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      Heese, Jonas. "Conflicts of Interest at Uptown Bank." Harvard Business School Case 122-022, April 2022. (Revised August 2022.)
      • February 2022 (Revised February 2024)
      • Case

      Sekisui House and the In-Home Early Detection Platform

      By: John D. Macomber and Akiko Kanno
      To address an aging population and sales declines, a major Japanese homebuilder considers pivoting to provide and support an in-home health detection platform, in competition with tech companies. This case considers the point of view of major builders regarding how... View Details
      Keywords: Voice Assistants; Architecture; Smart Home; Aging Society; Digitalization; Real Estate; Home Automation; Sensors; Strategy; Digital Platforms; Health Care and Treatment; Housing; Age; Real Estate Industry; Construction Industry; Health Industry; Japan
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      Macomber, John D., and Akiko Kanno. "Sekisui House and the In-Home Early Detection Platform." Harvard Business School Case 222-070, February 2022. (Revised February 2024.)
      • 14 Jan 2022
      • Interview

      Why We Need to Think of the Office as a Tool, with Very Specific Uses, Interview with Adi Ignatius

      By: Tsedal Neeley and Adi Ignatius
      HBR professor Tsedal Neeley has focused for years on a pair of essential business imperatives: how to go global, and how to become truly digital. More recently she has established herself as an expert in the nitty gritty aspects of the new workplace – how to hire and... View Details
      Keywords: Technology Adoption; Buildings and Facilities; Organizational Change and Adaptation
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      "Why We Need to Think of the Office as a Tool, with Very Specific Uses, Interview with Adi Ignatius." The New World of Work, Harvard Business Review Video Series Series, Harvard Business Publishing, January 14, 2022.
      • 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
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      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.
      • November 2021 (Revised January 2022)
      • Supplement

      Scott Tucker (B): The Feds Catch Up

      By: Aiyesha Dey and Amram Migdal
      The case tells the story of the rise and fall of Scott Tucker, an entrepreneur, businessman, passionate race car driver, competitor, and owner of a professional racing team. From 1997 to 2012, Tucker built a nationwide network of payday lending businesses, becoming a... View Details
      Keywords: Business Ventures; Crime and Corruption; Ethics; Fairness; Financing and Loans; Personal Finance; Governance; Corporate Accountability; Corporate Governance; Governance Compliance; Governance Controls; Financial Services Industry; United States
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      Dey, Aiyesha, and Amram Migdal. "Scott Tucker (B): The Feds Catch Up." Harvard Business School Supplement 122-032, November 2021. (Revised January 2022.)
      • October 2021 (Revised February 2022)
      • Case

      Newsweek: Driving a Digital First Strategy

      By: Lynda M. Applegate and Suraj Srinivasan
      The case describes the transformation at Newsweek, the storied news magazine that had fallen from its commanding position as a premier print publication unable to find its footing in the fast changing digital media landscape. After buying Newsweek and taking over as... View Details
      Keywords: Transformation; Strategy; Internet and the Web; Analytics and Data Science; Performance Evaluation; Partners and Partnerships
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      Applegate, Lynda M., and Suraj Srinivasan. "Newsweek: Driving a Digital First Strategy." Harvard Business School Case 822-052, October 2021. (Revised February 2022.)
      • October 2021 (Revised October 2022)
      • Case

      The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen

      By: Suraj Srinivasan and Li-Kuan Ni
      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 had contributed to the nationwide... View Details
      Keywords: Opioids; Drug; Investors; Shareholder Activism; Investment Activism; Executive Compensation; Corporate Accountability; Corporate Governance; Governance Compliance; Governance Controls; Risk Management; Corporate Social Responsibility and Impact; Business and Shareholder Relations; Business and Stakeholder Relations; Legal Liability; Distribution Industry; Health Industry; Pharmaceutical Industry; United States; West Virginia; Tennessee; Ohio; Pennsylvania
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      Srinivasan, Suraj, and Li-Kuan Ni. "The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen." Harvard Business School Case 122-014, October 2021. (Revised October 2022.)
      • October 2021
      • Case

      Unshrinking the Pie: Desirée Stolar's Negotiation Saga (A)

      By: James K. Sebenius and Alex Green
      When Desirée (“Des”) Stolar’s wool sweater shrank two sizes, the Harvard Business School student worked with classmates to develop a solution that both fixed her problem and launched Unshrinkit, a successful consumer goods company with a widely-available product for... View Details
      Keywords: Bargaining; Startups; Negotiation; Contracts; Negotiation Tactics; Entrepreneurship; Business Startups; Strategy; Consumer Products Industry
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      Sebenius, James K., and Alex Green. "Unshrinking the Pie: Desirée Stolar's Negotiation Saga (A)." Harvard Business School Case 922-012, October 2021.
      • October 2021
      • Supplement

      Unshrinking the Pie: Desirée Stolar's Negotiation Saga (B)

      By: James K. Sebenius and Alex Green
      When Desirée (“Des”) Stolar’s wool sweater shrank two sizes, the Harvard Business School student worked with classmates to develop a solution that both fixed her problem and launched Unshrinkit, a successful consumer goods company with a widely-available product for... View Details
      Keywords: Bargaining; Startups; Negotiation; Contracts; Negotiation Tactics; Entrepreneurship; Business Startups; Strategy; Consumer Products Industry
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      Sebenius, James K., and Alex Green. "Unshrinking the Pie: Desirée Stolar's Negotiation Saga (B)." Harvard Business School Supplement 922-013, October 2021.
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