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Winter 2012
Article

Is a Nuclear Deal with Iran Possible?: An Analytical Framework for the Iran Nuclear Negotiations

By: James K. Sebenius and Michael K. Singh

Varied diplomatic approaches by multiple negotiators over several years have failed to conclude a nuclear deal with Iran. Mutual hostility, misperception, and flawed diplomacy may be responsible. Yet, more fundamentally, no mutually acceptable deal may exist. To assess... View Details

Keywords: Nuclear Proliferation; Zone Of Possible Agreement; International Relations; Negotiation; Iran; United States

2017
Working Paper

BATNAs in Negotiation: Common Errors and Three Kinds of 'No'

By: James K. Sebenius

The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details

Keywords: Negotiation; BATNA; Bargaining; Zone Of Possible Agreement; Reservation Price; Reservation Value; Agreements and Arrangements; Negotiation Tactics

August 2017
Case

'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)

By: Lena G. Goldberg and Danielle V. Holland

The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details

Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts

Article

Considering Concessions: A Survey Experiment on the Colombian Peace Process

By: Aila M. Matanock and Natalia Garbiras-Díaz

Designing peace agreements that can be signed and sustained can be difficult in civil conflict. Many recent cases of successful settlements include electoral provisions, often for rebel groups to participate as political parties. Engaging the electoral process,... View Details

Keywords: Peace Process; Political Parties; Politics; Government; Agreements; Political Backlash; Political Discourse; Civil Unrest; Civil War; Political Issues; Governing Rules, Regulations, and Reforms; Government and Politics; Policy; Conflict and Resolution; Latin America; Colombia

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July 2018 (Revised August 2018)
Case

Rocky Mountain Condiments: Close Encounters with the Legal System for the First Time

By: Lena G. Goldberg

The founder of a Colorado start-up focused on developing a line of condiments confronts a host of legal issues that threaten the viability of her young enterprise. She is suing a co-packer for, among other things, breach of contract, theft of recipes and trade secrets,... View Details

Keywords: Law And Regulation; Start-ups; Founders' Agreements; Cross-Border Jurisdiction; Torts; Consumer Protection; Non-disclosure Agreements; Intellectual Property Protection; Fraud; Legal Remedies; Law; Lawsuits and Litigation; Laws and Statutes; Business Startups; Contracts; Intellectual Property; Food and Beverage Industry

Research Summary

Overview

By: Shikhar Ghosh

I am focused on exploring the human side of developing early stage entrepreneurial ventures. These enterprises are characterized by the pursuit of opportunity, shortage of resources to pursue their goals and uncertainty at every step of the journey. Some of the... View Details

Keywords: Scale; Exit; Founders' Agreements; Success Measures; Entrepreneurial Risk; Founding Teams; Entrepreneurship; Failure; Europe; Middle East; Asia

August 2016
Case

Collective Academy

By: Shikhar Ghosh and Christopher Payton

This case is about making the decision to become an entrepreneur and early challenges in setting up a business model and team. In 2015, Pato Bichara co-founded Collective Academy to create an affordable, three-year undergraduate experience to infuse innovation into... View Details

Keywords: Early Stage; Team Building; Business Startup; Trade-offs; Risk; Founders' Agreements; Education; Entrepreneurship; Business Model; Business Startups; Decision Making; Technology Industry; Mexico; Latin America; United States

February 2014
Case

Tommy Koh: Background and Major Accomplishments of the 'Great Negotiator, 2014'

By: James K. Sebenius and Laurence A. Green

Significant negotiation-related achievements from the career of Ambassador Tommy Koh of Singapore are highlighted in brief form along with elements of his background and career. In light of these accomplishments, Koh was selected as the recipient of the 2014 Great... View Details

Keywords: Multiparty Negotiations; Dispute Resolution; Conference Diplomacy; Free Trade Agreements Environment; Environment; Singapore; ASEAN; United Nations; Negotiation; International Relations; Personal Development and Career; Trade; Conflict and Resolution; Singapore

July 2015
Case

Uncharted Play (A)

By: Shikhar Ghosh and Ali Huberlie

The case recounts the process of launching an early stage venture, from idea conception through initial efforts to validate the concept, followed by product launch, and fund raising. It emphasizes the Customer Value Proposition of the business model, and asks – Who is... View Details

Keywords: Early Stage; Female Protagonist; Value Proposition; Team Building; Founders' Agreements; Start-up; Entrepreneurship; Business Model; Business Startups; Sports; United States; North America; Nigeria; Africa

March 2022
Teaching Note

Getting Brexit Done

By: Alberto Cavallo

Teaching Note for HBS Case No. 720-023. View Details

Keywords: Brexit; European Union; Integration; Trade; UK; Free Trade Agreements Environment

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

Article

Hecho en México: Reflexiones de un viaje a China

By: Roberto Charvel and Rodrigo Gallegos

Keywords: Emerging Market; Capital Markets; Manufacturing; Free Trade Agreements Environment; Economic Development; Globalization; China; Growth and Development; Competition; Competitive Advantage; Manufacturing Industry; China; Mexico

February 2015 (Revised November 2015)
Supplement

Building an Integrated Biopharma Company: Crucell (B)

By: Richard G. Hamermesh, Marianne Van Der Steen and Susan Harmeling

The Crucell (B) case updates events at Crucell since 2009. In September, 2009, Johnson & Johnson acquired 18% of Crucell for $400 million. This investment was part of a business development deal. Subsequently, in 2012, Johnson & Johnson acquired Crucell for $2.8... View Details

Keywords: Biotechnology; Biopharmacy Company; Licensing Agreements In Biopharmacy; Licensing; Human Cell-line Technology; Vaccine; Healthcare Innovation; Global Health; Entrepreneurship; Health Care and Treatment; Acquisition; Innovation and Invention; Biotechnology Industry; Pharmaceutical Industry

February 2015 (Revised November 2015)
Case

Building an Integrated Biopharma Company: Crucell (A)

By: Richard G. Hamermesh, Marianne Van Der Steen and Susan S. Harmeling

By 2009, Crucell had become the largest biopharma company in the Netherlands and a symbol of national pride. The case traces the evolution of the company from a University spin-off into a fully-integrated company. Crucell's success, particularly in the vaccine space,... View Details

Keywords: Biotechnology; Biopharmacy Company; Licensing; Licensing Agreements In Biopharmacy; Human Cell-line Technology; Vaccine; Healthcare Innovation; Global Health; Partners and Partnerships; Entrepreneurship; Growth and Development Strategy; Biotechnology Industry; Pharmaceutical Industry; Netherlands

October 2019 (Revised January 2020)
Supplement

Dulcie Madden (B)—A Difficult Choice

By: Shikhar Ghosh and Shweta Bagai

This is part of a three-case series that follows Dulcie Madden's journey as a founder over five years. Case (A) is about managing growth and cash flow; Case (B) is about the exit decision and conditions on a sale; Case (C) shows Madden dealing with adversity and the... View Details

October 2019 (Revised January 2020)
Case

Dulcie Madden (A)—Growth or Exit?

By: Shikhar Ghosh, Christopher Payton and Shweta Bagai

This is part of a three-case series that follows Dulcie Madden's journey as a founder over five years. Case (A) is about managing growth and cash flow; Case (B) is about the exit decision and conditions on a sale; Case (C) shows Madden dealing with adversity and the... View Details

18 Jan 2022
News

How Eliminating Non-Competes Could Reshape Tech

October 2000 (Revised December 2004)
Case

Richard Spellman (A)

Describes Richard Spellman's decision to leave his existing employer and join an Internet start-up as CEO. Focuses on the terms of a restricted stock agreement and employment agreement that must be negotiated. Includes first drafts of these two agreements. View Details

Keywords: Contracts; Agreements and Arrangements; Internet and the Web; Executive Compensation; Personal Development and Career; Business Startups; Management Teams

October 1996 (Revised April 1998)
Case

Mobil USM&R (D): Gasoline Marketing

By: Robert S. Kaplan

Mobil US Marketing & Refining has shifted from a centralized staff-driven organization to decentralized business-units. Staff functions now must negotiate service agreements with a buyer's committee consisting of representatives from the profit-center business units.... View Details

Keywords: Balanced Scorecard; Management Teams; Human Resources; Agreements and Arrangements; Organizational Change and Adaptation; Customers; Situation or Environment; Business Units; Energy Industry; Mining Industry; United States

14 Jun 2010
Research & Ideas

The Hard Work of Measuring Social Impact

what that spending achieved. Yet there has been little agreement on a set of hard-and-fast metrics to measure social performance. How should a nonprofit manager respond when a significant donor asks for proof of his or her contribution's... View Details

Keywords: by Julia Hanna

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