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- All HBS Web
(699)
- People (1)
- News (99)
- Research (515)
- Events (8)
- Multimedia (2)
- Faculty Publications (261)
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- July 2010
- Background Note
Remedies for Patent Infringement under U.S. Law
By: Lena G. Goldberg and Chad Carr
Under the U.S. Patent Act, a patent owner has a statutory right to exclude others from engaging in the unauthorized production, use, sale, or importation of a patented invention. This note examines how that right is enforced and what remedies a patent owner has when... View Details
Goldberg, Lena G., and Chad Carr. "Remedies for Patent Infringement under U.S. Law." Harvard Business School Background Note 311-020, July 2010.
- Article
The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets
By: Leemore S. Dafny
This article describes potential regulatory and legislative reforms to assist antitrust enforcement agencies in halting anticompetitive acquisitions and practices, and preserving and promoting competition in health care markets. View Details
Keywords: Health Care and Treatment; Markets; Competition; Governing Rules, Regulations, and Reforms
Dafny, Leemore S. "The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets." Promarket (June 10, 2021).
- June 21, 2017
- Article
Uber Can't Be Fixed—It's Time for Regulators to Shut It Down
By: Benjamin G. Edelman
I argue that Uber's intentional malfeasance is its comparative advantage. But having grown through intentional illegality, Uber should face strict enforcement of applicable preexisting laws—penalties that would probably bankrupt the company. View Details
Keywords: Lawfulness; Laws and Statutes; Legal Liability; Law; Transportation; Transportation Industry; Information Technology Industry
Edelman, Benjamin G. "Uber Can't Be Fixed—It's Time for Regulators to Shut It Down." Harvard Business Review (website) (June 21, 2017). (Translations: Japanese, Russian.)
- Research Summary
What Makes the Bonding Stick? A Natural Experiment Involving the U.S. Supreme Court and Cross-Listed Firms
On March 29, 2010, the U.S. Supreme Court signaled its intention to geographically limit the reach of the U.S.securities antifraud regime and thus differentially exclude U.S.-listed foreign firms from the ambit of formal U.S.antifraud enforcement. We exploit this... View Details
- May 2008
- Article
Coerced Confessions: Self-Policing in the Shadow of the Regulator
By: Jodi L. Short and Michael W. Toffel
As part of a recent trend toward more cooperative relations between regulators and industry, novel government programs are encouraging firms to monitor their own regulatory compliance and voluntarily report their own violations. In this study, we examine how regulatory... View Details
Keywords: Governance Compliance; Law Enforcement; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Environmental Sustainability; Programs; Power and Influence; Organizations; Decisions; Business and Government Relations; United States
Short, Jodi L., and Michael W. Toffel. "Coerced Confessions: Self-Policing in the Shadow of the Regulator." Journal of Law, Economics & Organization 24, no. 1 (May 2008): 45–71.
- June 2003 (Revised May 2006)
- Case
Cipla
By: Rohit Deshpande and Laura Winig
The head of Cipla, a $325-million-dollar Indian pharmaceutical company and seller of low-cost AIDS drugs to South Africa, must decide what to do about Cipla's future. With India poised to enforce international patents in only two years, much of Cipla's product line... View Details
- December 2019 (Revised November 2023)
- Background Note
Legal Analysis: Insider Trading Liability
By: Trevor Fetter, Eugene F. Soltes and Grant Wahlquist
There are numerous restrictions against trading on material, nonpublic information (MNPI)—typically called “insider trading.” This note describes the limitations facing managers and investors as enforced civilly and criminally within the United States. View Details
Fetter, Trevor, Eugene F. Soltes, and Grant Wahlquist. "Legal Analysis: Insider Trading Liability." Harvard Business School Background Note 320-080, December 2019. (Revised November 2023.)
- July 2011
- Background Note
Just an MOU or a Real Deal?
By: Lena G. Goldberg and Mary Beth Findlay
Notwithstanding the professed intention of a party to an MOU, a "preliminary" agreement can have binding effect. This note explores the circumstances under which MOUs may give rise to binding and enforceable agreements. View Details
Goldberg, Lena G., and Mary Beth Findlay. "Just an MOU or a Real Deal?" Harvard Business School Background Note 312-018, July 2011.
- February 2005
- Article
Can Foreign Firms Bond Themselves Effectively by Renting U.S. Securities Laws?
By: Jordan I. Siegel
The study tests the functional convergence hypothesis, which states that foreign firms can leapfrog their countries' weak legal institutions by listing equities in New York and agreeing to follow U.S. securities law. Evidence shows that the SEC and minority... View Details
Keywords: Corporate Governance; Cross-listing; Reputation; Bonding; Business Ventures; Laws and Statutes; Financial Instruments; United States; Mexico
Siegel, Jordan I. "Can Foreign Firms Bond Themselves Effectively by Renting U.S. Securities Laws?" Journal of Financial Economics 75, no. 2 (February 2005): 319–359. (The study tests the functional convergence hypothesis, which states that foreign firms can
leapfrog their countries' weak legal institutions by listing equities in New York and agreeing to follow U.S. securities law. Evidence shows that the SEC and minority shareholders have not effectively enforced the law against cross-listed foreign firms. Detailed evidence from Mexico further shows that while some insiders exploited this weak legal enforcement with impunity, others that issued a cross-listing and passed through an economic downturn with a clean reputation went on to receive privileged long-term access to outside finance. As compared with legal bonding, reputational bonding better explains the success of cross-listings.)
- February 2011
- Background Note
Corporate Reform Elements of the Dodd-Frank Act
By: Robert C. Pozen, Phillip Andrews and David Lane
This note summarizes the four major changes affecting corporate governance that were made by the Dodd-Frank Act of 2010. These changes relate to: advisory notes by shareholders, refinements to board structure, non-disclosure on compensation and tightening up of certain... View Details
Keywords: Corporate Disclosure; Corporate Governance; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Government Legislation; Executive Compensation; Business and Shareholder Relations; United States
Pozen, Robert C., Phillip Andrews, and David Lane. "Corporate Reform Elements of the Dodd-Frank Act." Harvard Business School Background Note 311-091, February 2011.
- Research Summary
Tax evasion
Tax evasion generates billions of dollars of losses in government revenue and creates large distortions, especially in developing countries. A growing, mostly theoretical literature argues that information flows are central to understanding effective taxation.... View Details
- August 1995 (Revised March 1998)
- Background Note
Competition Policy in the European Union in 1995
Describes the history of the competition policy in the European Union, and focuses on the evolution of pan-European and member-state statutes. The tension between policy and enforcement at various levels draws attention to issues of market definition, especially in... View Details
McGahan, Anita M., and Geoffrey Verter. "Competition Policy in the European Union in 1995." Harvard Business School Background Note 796-038, August 1995. (Revised March 1998.)
- March 2021
- Article
The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror
By: Trung Nguyen
This paper analyzes the impact of changes in regulatory priorities and resource allocation on criminal enforcement of white‐collar criminal activities. Using the 9/11 terrorist attacks as a shock to the FBI's priorities and allocation of investigative resources, as... View Details
Keywords: White-collar Crime; Government Regulation; Financial Fraud; Securities Fraud; Insider Trading; Crime and Corruption; Finance; Governing Rules, Regulations, and Reforms; Law Enforcement
Nguyen, Trung. "The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror." Journal of Accounting Research 59, no. 1 (March 2021): 5–58.
- March–April 2020
- Article
Pricing Policies that Protect your Brand
By: Ayelet Israeli and Eugene F. Zelek Jr.
When customers seek out online deals, it seems like a win for everybody: Brands, retailers, dealers, and distributors sell more goods, and buyers get a bargain. What's not to like? Here's the problem: Lured by rock-bottom online prices, customers often end up dealing... View Details
Israeli, Ayelet, and Eugene F. Zelek Jr. "Pricing Policies that Protect your Brand." Harvard Business Review 98, no. 2 (March–April 2020): 76–83.
- 16 Dec 2008
- First Look
First Look: December 16, 2008
requires that students consider sources of competitive advantage that arise from the companies' markedly different business models. Purchase this case: http://harvardbusinessonline.hbsp.harvard.edu/ b01/en/common/item_detail.jhtml?id=709409 International View Details
Keywords: Sean Silverthorne
- 21 May 2012
- Research & Ideas
OSHA Inspections: Protecting Employees or Killing Jobs?
killing jobs at a time when the United States can ill afford to lose them. Few regulatory agencies have a more direct effect on businesses than the Occupational Safety and Health Administration (OSHA), the federal agency responsible for View Details
Keywords: by Michael Blanding
- 2011
- Article
Regulatory Uncertainty and Corporate Responses to Environmental Protection in China
By: Christopher Marquis, Jianjun Zhang and Yanhua Zhou
We develop a framework to analyze the closing gap between regulation and enforcement of environmental protection in China and present a number of resulting implications for doing business there. We identify three major dimensions that characterize change in regulatory... View Details
Keywords: Framework; Governing Rules, Regulations, and Reforms; Law Enforcement; Growth and Development Strategy; Emerging Markets; Business Ventures; Alignment; Risk and Uncertainty; Natural Environment; Motivation and Incentives; Management Practices and Processes; Competitive Strategy; China
Marquis, Christopher, Jianjun Zhang, and Yanhua Zhou. "Regulatory Uncertainty and Corporate Responses to Environmental Protection in China." California Management Review 54, no. 1 (Fall 2011): 39–63.
- March 9, 2021
- Article
Addressing Consolidation in Health Care Markets
By: Leemore S. Dafny
This Viewpoint proposes three steps the Biden administration can take to slow consolidation within health care, which has been shown to raise costs without improving service or quality: better fund federal antitrust enforcement agencies; appoint agency heads committed... View Details
Keywords: Antitrust Issues And Policies; Health Care and Treatment; Markets; Consolidation; Competition; Government Administration
Dafny, Leemore S. "Addressing Consolidation in Health Care Markets." JAMA, the Journal of the American Medical Association 325, no. 10 (March 9, 2021): 927–928.
- 15 Mar 2018
- Working Paper Summaries
Targeted Price Controls on Supermarket Products
- June 2014
- Supplement
Ad Classification at Right Media — slide supplement (widescreen)
By: Benjamin Edelman
Right Media considers systems and policies to make sure that ads are only shown on web sites where they are appropriate, and vice versa. Setting standards is particularly challenging given the large and growing marketplace, the numerous participants, their diverse... View Details