Publications

November 2012 (Revised September 2013)
Case

The JOBS Act of 2012

By: Lena G. Goldberg

This Note summarizes the potential of the Jobs Act of 2012 to change the way in which emerging growth companies, or EMGs, access capital markets. Described as among the most significant change to US securities laws in over 20 years, the Jobs Act may reduce the burdens... View Details

Keywords: Laws And Regulation; Crowdfunding; IPO; Quiet Period; Business Ventures; Entrepreneurship; Law; North and Central America

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

July 2016
Case

The EC Rains on Oracle/Sun (A)

By: Lena G. Goldberg

Oracle's proposed acquisition of Sun was on a fast track until the EC's antitrust concerns about open-source MySQL ignited a transatlantic war of words delaying the deal. Sun's performance suffered and its customers were approached by competitors while regulatory... View Details

Keywords: Law; Antitrust; EC Regulation; Mergers and Acquisitions; Multinational Firms and Management; Laws and Statutes; Monopoly; Business and Government Relations

August 2017
Supplement

Golden Rule Video Supplement

By: Andrew Wasynczuk

Keywords: Ethics; Business Ethics; Business Law; Corporate Accountability; Law; Executives; Management Education; Management; Negotiation; Negotiator's Dilemma; Negotiations; Value Creation; Value; Moral Compass; Moral Leadership

June 2023
Case

The Business of Campaigns

By: Vincent Pons and Mel Martin

In 2022, the U.S. Congress examined the Democracy Is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act, the latest in a long series of campaign finance reforms. According to its authors, the law would be the “most consequential overhaul of federal... View Details

Keywords: Political Elections; Government Legislation; Governing Rules, Regulations, and Reforms; Business and Government Relations; United States

April 2017
Article

The Responsibilities and Role of Business in Relation to Society: Back to Basics?

By: Nien-he Hsieh

In this address, I outline a back-to-basics approach to specifying the responsibilities and role of business in relation to society. Three “basics” comprise the approach. The first is arguing that basic principles of ordinary morality, such as a duty not to harm,... View Details

Keywords: Business And Society; Corporate Responsibility; Harm; Human Rights; Institutions; Pareto Efficiency; Corporate Social Responsibility and Impact; Moral Sensibility; Society; Rights

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15 Dec 2003
Research & Ideas

The New Global Business Manager

In a 1992 article for Harvard Business Review, HBS professor Christopher A. Bartlett and co-author Sumantra Ghoshal tackled the question, "What is a Global Manager?" Their answer then was that "there is no such thing as a... View Details

Keywords: by Cynthia Churchwell

10 Oct 2023
Cold Call Podcast

Scaling Two Businesses Against the Odds: Wendy Estrella’s Founder’s Journey

Keywords: Re: Jeffrey J. Bussgang; Legal Services; Real Estate

July 2016
Supplement

The EC Rains on Oracle/Sun (B)

By: Lena G. Goldberg

Supplements the (A) case. View Details

Keywords: Law; Antitrust; EC Regulation; Mergers and Acquisitions; Multinational Firms and Management; International Relations; Laws and Statutes; Monopoly; Business and Government Relations; Technology Industry; European Union; United States

August 2012
Supplement

William Jeffrey: Performance at Bay Colony (B)

By: Lena G. Goldberg

The decision-making process, policies and procedures, and legal obligations of the Board, the company's inside counsel and the company's outside counsel are explored in connection with on-boarding, investigating alleged misconduct of, and terminating a company's CEO,... View Details

Keywords: Leadership And Managing People; Employment Law; Business or Company Management; Law; Leadership; Governing and Advisory Boards; Employment; Corporate Governance; Financial Services Industry; Massachusetts

February 2009 (Revised September 2011)
Background Note

Business and Human Rights

By: Lynn S. Paine and Lara Adamsons

This note addresses some of the most frequently asked questions about the relation between human rights and business. Topics include the definition of human rights, the business leader's role regarding human rights, and legal liability of companies and executives for... View Details

Keywords: Crime and Corruption; Ethics; Human Capital; Legal Liability; Rights; Leadership; Corporate Social Responsibility and Impact

Research Summary

The Business of Stem Cells

By: Debora L. Spar

In 2004, the topic of stem cell research made both medical and moral headlines. Buoyed by a series of technological breakthroughs, stem cell scientists grew increasingly convinced that they would eventually be able to use embryonic stem cells -- the pluripotent cells... View Details

2008
Working Paper

Do Legal Origins Have Persistent Effects Over Time? A Look at Law and Finance around the World c. 1900

By: Aldo Musacchio

How persistent are the effects of legal institutions adopted or inherited in the distant past? A substantial literature argues that legal origins have persistent effects that explain clear differences in investor protections and financial development around the world... View Details

Keywords: History; Law; Development Economics; Investment; Corporate Governance; Finance; Business and Government Relations

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July 2003
Background Note

Expropriation in International Business

By: Geoffrey G. Jones and Meghan Gallagher-Kernstine

Covers several important expropriation cases in international business from the 20th century and highlights the legal and political difficulties these companies faced. Serves to explain expropriation, to stress the vulnerability of foreign direct investments to... View Details

Keywords: Foreign Direct Investment; Global Strategy; Government and Politics; Common Law; Risk Management; Property; Risk and Uncertainty

06 May 2019
Research & Ideas

Consumers Blame Business for Global Health Problems. Can Business Become the Solution?

Every public health crisis—whether it’s the availability of highly addictive opioids or junk food marketing to children—prompts consumers to question how far companies will go for profit. It’s not an unwarranted concern. After all, cigarette makers once used... View Details

Keywords: by Danielle Kost; Health

July 1982 (Revised August 2006)
Background Note

Tax Factors in Business Combinations

By: Henry B. Reiling

Discusses the theory and rules governing the taxation of business combinations (mergers and acquisitions). Related information from state corporate law, federal securities law, accounting, and finance is also provided. A rewritten version of an earlier note. View Details

Keywords: Taxation; Mergers and Acquisitions; Law

January 2019
Case

Accenture's Code of Business Ethics

By: Eugene Soltes

Leaders of Accenture’s compliance and ethics program are seeking to design a new code of business ethics for its global workforce of over 400,000 employees. The case explores the decision-making process that went into the design process and ultimately how they created... View Details

Keywords: Code Of Conduct; Compliance; Ethics; Law; Leadership; Governance Compliance

2024
Book

Deals: The Economic Structure of Business Transactions

By: Guhan Subramanian and Michael Klausner

Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.

Business transactions take widely varying forms—from multibillion-dollar... View Details

Keywords: Negotiation; Contracts

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August 19, 2024
Article

The Business Roundtable’s Stakeholder Pledge, Five Years Later

By: Lynn S. Paine

Five years ago, the Business Roundtable issued a statement pledging to “lead their companies for the benefit of all stakeholders.” In the past five years, stakeholderism has gained wider acceptance and helped many corporate leaders see the value of taking the interests... View Details

Keywords: Business and Stakeholder Relations; Business or Company Management; Mission and Purpose; Corporate Governance