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    • All HBS Web  (467)
      • Faculty Publications  (82)

      Relational ContractsRemove Relational Contracts →

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      • January 2013 (Revised April 2013)
      • Technical Note

      Relational Contracts and the Roots of Sustained Competitive Advantage

      By: Rebecca M. Henderson
      This note focuses on organizational "competencies" or "capabilities" as a potential source of sustained competitive advantage. Research in this area hypothesizes that some firms outperform their competition because they can do things that their rivals cannot. View Details
      Keywords: Competitive Advantage; Performance
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      Henderson, Rebecca M. "Relational Contracts and the Roots of Sustained Competitive Advantage." Harvard Business School Technical Note 313-105, January 2013. (Revised April 2013.)
      • November 2012 (Revised July 2013)
      • Case

      Gerry Pasciucco at AIG Financial Products

      By: Gautam Mukunda and Thomas J. DeLong
      Gerry Pasciucco was appointed to lead American International Group's Financial Products (AIGFP) group after the government bailout of AIG in 2008 and charged with the task of shutting down the division while minimizing the government's losses. AIGFP's failed trades had... View Details
      Keywords: Corporate Accountability; Ethics; Crisis Management; Financial Crisis; Management Teams; Business and Government Relations; Financial Services Industry; United States
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      Mukunda, Gautam, and Thomas J. DeLong. "Gerry Pasciucco at AIG Financial Products." Harvard Business School Case 413-059, November 2012. (Revised July 2013.)
      • September–October 2012
      • Article

      Relational Contracts and Organizational Capabilities

      By: Robert Gibbons and Rebecca Henderson
      A large literature identifies unique organizational capabilities as a potent source of competitive advantage, yet our knowledge of why capabilities fail to diffuse more rapidly—particularly in situations in which competitors apparently have strong incentives to adopt... View Details
      Keywords: Competitive Advantage; Organizations
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      Gibbons, Robert, and Rebecca Henderson. "Relational Contracts and Organizational Capabilities." Organization Science 23, no. 5 (September–October 2012): 1350–1364.
      • August 2012 (Revised September 2013)
      • Case

      EnerNOC: DemandSMART

      By: Michael W. Toffel, Kira Fabrizio and Stephanie van Sice
      EnerNOC is an energy company with an innovative business model: it serves as an intermediary between electric utilities and electricity users. It contracts with electricity users willing to reduce demand during periods of peak energy demand, and sells this as excess... View Details
      Keywords: Production Planning; Productivity; Environmental Protection; Energy; Environment; Business Government Relations; Laws And Regulation; Business Model; Environmental Sustainability; Innovation and Invention; Opportunities; Risk and Uncertainty; Governing Rules, Regulations, and Reforms; Supply Chain Management; Production; Energy Conservation; Energy Industry
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      Toffel, Michael W., Kira Fabrizio, and Stephanie van Sice. "EnerNOC: DemandSMART." Harvard Business School Case 613-036, August 2012. (Revised September 2013.)
      • Article

      Testing Substitutability

      By: John William Hatfield, Nicole Immorlica and Scott Duke Kominers
      We provide an algorithm for testing the substitutability of a length-N preference relation over a set of contracts X in time O(|X|3⋅N3). Access to the preference relation is essential for this result: We show that a substitutability-testing algorithm with access only... View Details
      Keywords: Substitutability; Matching; Communication Complexity; Preference Elicitation; Marketplace Matching; Communication; Mathematical Methods; Economics
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      Hatfield, John William, Nicole Immorlica, and Scott Duke Kominers. "Testing Substitutability." Games and Economic Behavior 75, no. 2 (July 2012): 639–645.
      • 2012
      • Working Paper

      Relational Contracts and Organizational Capabilities

      By: R. Gibbons and R. Henderson
      A large literature identifies unique organizational capabilities as a potent source of competitive advantage, yet our knowledge of why capabilities fail to diffuse more rapidly-particularly in situations in which competitors apparently have strong incentives to adopt... View Details
      Keywords: Competitive Advantage; Motivation and Incentives; Management Practices and Processes; Contracts; Competency and Skills; Relationships; Complexity
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      Gibbons, R., and R. Henderson. "Relational Contracts and Organizational Capabilities." Harvard Business School Working Paper, No. 12-061, January 2012.
      • September 2011
      • Teaching Note

      Aguas Argentinas: Settling a Dispute (TN)

      By: Louis T. Wells
      Teaching Note for 705-019. View Details
      Keywords: Business and Government Relations; Negotiation; Contracts; Rights; Strategy; Utilities Industry; Argentina; France
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      Wells, Louis T. "Aguas Argentinas: Settling a Dispute (TN)." Harvard Business School Teaching Note 712-018, September 2011.
      • May 2011
      • Article

      Consequences and Institutional Determinants of Unregulated Corporate Financial Statements: Evidence from Embedded Value Reporting

      By: George Serafeim
      I analyze Embedded Value (EV) reporting by firms with life insurance operations to assess the impact of unregulated financial reporting on transparency and to examine the institutional characteristics that promote unregulated reporting. Under EV accounting the present... View Details
      Keywords: Financial Statements; Mergers and Acquisitions; Financial Reporting; Cash Flow; Contracts; Equity; Profit; Value; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Business and Shareholder Relations; Business Earnings
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      Serafeim, George. "Consequences and Institutional Determinants of Unregulated Corporate Financial Statements: Evidence from Embedded Value Reporting." Journal of Accounting Research 49, no. 2 (May 2011).
      • January 2011 (Revised April 2011)
      • Case

      CME Group

      By: Forest L. Reinhardt and James Weber
      The case describes CME Group, the world's largest commodities exchange, futures and options on futures contracts, history, regulation, and the strategic choices the company faced. CME Group was formed from the oldest and most well-known exchanges in the world. Traders... View Details
      Keywords: Financial Crisis; Stocks; Goods and Commodities; Governing Rules, Regulations, and Reforms; Risk Management; Market Participation; Market Transactions; Financial Services Industry; United States
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      Reinhardt, Forest L., and James Weber. "CME Group." Harvard Business School Case 711-005, January 2011. (Revised April 2011.)
      • 2011
      • Article

      'Deprival Value' vs. 'Fair Value' Measurement for Contract Liabilities: How to Resolve the 'Revenue Recognition' Conundrum

      By: Joanne Horton, Richard H. Macve and George Serafeim
      Revenue recognition and measurement principles can conflict with liability recognition and measurement principles. We explore here under different market conditions when the two measurement approaches coincide and when they conflict. We show that where entities expect... View Details
      Keywords: Fair Value; Deprival Value; Contract Liabilities; Fair Value Accounting; Measurement and Metrics; Profit; Revenue Recognition; Assets; Performance Evaluation; Contracts
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      Horton, Joanne, Richard H. Macve, and George Serafeim. "'Deprival Value' vs. 'Fair Value' Measurement for Contract Liabilities: How to Resolve the 'Revenue Recognition' Conundrum." Accounting and Business Research 41, no. 5 (2011): 491–514.
      • 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.
      • Article

      Trust and Collaboration in the Aftermath of Conflict: The Effects of Contract Structure

      By: Deepak Malhotra and Fabrice Lumineau
      Leveraging a longitudinal dataset concerning 102 inter-firm disputes, we evaluate the effects of contract structure on trust and on the likelihood of continued collaboration. We theoretically refine and empirically extend prior research by (a) distinguishing between... View Details
      Keywords: Collaboration; Contract Structure; Contracts; Design; Trust; Conflict and Resolution
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      Malhotra, Deepak, and Fabrice Lumineau. "Trust and Collaboration in the Aftermath of Conflict: The Effects of Contract Structure." Academy of Management Journal 54, no. 5 (October 2011): 981–998.
      • November 2010
      • Case

      Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (A)

      By: James K. Sebenius and Jason Cheng Qian
      Esquel Group, leading manufacturer of quality shirts, sought to negotiate long-term partnerships with often-exploited farmers in Xinjiang (western China) to procure a superior cotton variety. Seeking to secure a large supply of specialty cotton in an ethical and... View Details
      Keywords: Contracts; Agreements and Arrangements; Corporate Social Responsibility and Impact; Leasing; Business and Community Relations; Business and Government Relations; Partners and Partnerships; Agriculture and Agribusiness Industry; Apparel and Accessories Industry; Manufacturing Industry; Hong Kong; Xinjiang Uygur Zizhiqu
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      Sebenius, James K., and Jason Cheng Qian. "Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (A)." Harvard Business School Case 911-031, November 2010.
      • November 2010
      • Supplement

      Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (B)

      By: James K. Sebenius and Jason Cheng Qian
      Details and evaluates results in Esquel's 2002 initiative to negotiate long-term partnerships with often-exploited farmers in Xinjiang (western China) to procure a superior cotton variety. View Details
      Keywords: Contracts; Agreements and Arrangements; Corporate Social Responsibility and Impact; Outcome or Result; Leasing; Business and Community Relations; Business and Government Relations; Partners and Partnerships; Agriculture and Agribusiness Industry; Apparel and Accessories Industry; Manufacturing Industry; Hong Kong; Xinjiang Uygur Zizhiqu
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      Sebenius, James K., and Jason Cheng Qian. "Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (B)." Harvard Business School Supplement 911-032, November 2010.
      • 2010
      • Working Paper

      Trade Policy and Firm Boundaries

      By: Laura Alfaro, Paola Conconi, Harald Fadinger and Andrew F. Newman
      We study how trade policy affects firms' ownership structures. We embed an incomplete contracts model of vertical integration choices into a standard perfectly-competitive international trade framework. Integration decisions are driven by a trade-off between the... View Details
      Keywords: Trade; Policy; Vertical Integration; Business and Government Relations; Boundaries; Ownership; Mathematical Methods
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      Alfaro, Laura, Paola Conconi, Harald Fadinger, and Andrew F. Newman. "Trade Policy and Firm Boundaries." NBER Working Paper Series, No. 16118, June 2010.
      • April 2010 (Revised October 2010)
      • Case

      Vale: Global Expansion in the Challenging World of Mining

      By: Tarun Khanna, Aldo Musacchio and Ricardo Reisen de Pinho
      In 2009 the management of Vale, a Brazilian diversified mining company and the largest iron ore producer in the world, was under pressure from at least two fronts. First, the emergence of China as the most important consumer of iron ore in the last few years had... View Details
      Keywords: Financial Crisis; Investment; Global Strategy; Risk Management; Market Entry and Exit; Business and Government Relations; Competitive Strategy; Mining Industry; Brazil
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      Khanna, Tarun, Aldo Musacchio, and Ricardo Reisen de Pinho. "Vale: Global Expansion in the Challenging World of Mining." Harvard Business School Case 710-054, April 2010. (Revised October 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 (Revised January 2010)
      • Case

      The University of Notre Dame Endowment

      By: Andre F. Perold and Paul Michael Buser
      The Endowment Model of Investing, which was based on creating high risk-adjusted performance through diversification, a long time horizon, top-notch outside managers, and illiquid investments, had served Notre Dame and other large universities well over the past... View Details
      Keywords: Financial Crisis; Higher Education; Asset Management; Private Equity; Financial Liquidity; Investment; Risk Management; Performance Evaluation; Education Industry; Financial Services Industry
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      Perold, Andre F., and Paul Michael Buser. "The University of Notre Dame Endowment." Harvard Business School Case 210-007, October 2009. (Revised January 2010.)
      • June 2009 (Revised December 2011)
      • Case

      Colbún—Powering Chile

      By: Forest L. Reinhardt, Gustavo A. Herrero and Sanjay Patnaik
      This case is about Colbún, Chile's second largest electricity generator, which is facing significant uncertainty regarding the cost and availability of alternative energy sources. Problems with the contracted supply of natural gas and the volatility of oil prices,... View Details
      Keywords: Non-Renewable Energy; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Government Legislation; Organizational Change and Adaptation; Business and Government Relations; Climate Change; Business Strategy; Energy Industry; Chile
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      Reinhardt, Forest L., Gustavo A. Herrero, and Sanjay Patnaik. "Colbún—Powering Chile." Harvard Business School Case 709-060, June 2009. (Revised December 2011.)
      • March 2009
      • Background Note

      Evaluating M&A Deals: Floors, Caps, and Collars

      By: Carliss Y. Baldwin
      As equity consideration has become more popular in acquisitions, so has the use of the "pricing-protection" mechanisms, such as floors, caps, and collars. These contractual devices provide insurance to the shareholders of the target and may protect the buyer as well.... View Details
      Keywords: Mergers and Acquisitions; Equity; Price; Contracts; Business and Shareholder Relations
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      Baldwin, Carliss Y. "Evaluating M&A Deals: Floors, Caps, and Collars." Harvard Business School Background Note 209-138, March 2009.
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