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- October 2022 (Revised September 2023)
- Supplement
SolarWinds Confronts SUNBURST (B)
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
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.)
- October 17, 2022
- Article
When Climate Collaboration Is Treated as an Antitrust Violation
By: Matteo Gasparini, Knut Haanaes and Peter Tufano
Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,... View Details
Keywords: Climate Impact; Climate Finance; Antitrust; Anti-trust; Climate Change; Environmental Regulation; Law
Gasparini, Matteo, Knut Haanaes, and Peter Tufano. "When Climate Collaboration Is Treated as an Antitrust Violation." Harvard Business Review (website) (October 17, 2022).
- September 2022 (Revised November 2022)
- Case
The Uyghur Forced Labor Prevention Act: Trade and Genocide in U.S.-China Relations
By: Jeremy Friedman and David Lane
On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, requiring companies to prove that goods imported from the People’s Republic of China were not made with forced labor. The bill was a reaction to reports of products being made with... View Details
Keywords: Ethics; Multinational Firms and Management; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Government Legislation; International Relations; Labor; Wages; Law Enforcement; Law; Rights; Operations; Supply Chain Management; Business and Government Relations; Agriculture and Agribusiness Industry; Manufacturing Industry; Mining Industry; China; United States
Friedman, Jeremy, and David Lane. "The Uyghur Forced Labor Prevention Act: Trade and Genocide in U.S.-China Relations." Harvard Business School Case 723-001, September 2022. (Revised November 2022.)
- 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
Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
- September 2022
- Article
Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities
By: Leemore Dafny, Christopher Ody and Teresa Rokos
The federal Anti-Kickback Statute prohibits biopharmaceutical manufacturers from directly covering Medicare enrollees’ out-of-pocket spending for the drugs they manufacture, but manufacturers may donate to independent patient assistance charities and earmark donations... View Details
Keywords: Cost Sharing; Prescription Drugs; Drug Spending; Medicare; Dual Eligibility; Cost; Health Care and Treatment; Philanthropy and Charitable Giving; Pharmaceutical Industry
Dafny, Leemore, Christopher Ody, and Teresa Rokos. "Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities." Health Affairs 41, no. 9 (September 2022).
- September 2022
- Teaching Note
Marsha Simms: Trailblazer in Corporate Law
By: Robin Ely, Boris Groysberg and Colleen Ammerman
Teaching Note for HBS Case No. 422-012. View Details
- September 2022
- Article
Regulatory Spillover and Workplace Racial Inequality
By: Letian Zhang
This paper suggests that affirmative action bans in the U.S. public sector may influence racial inequality in the private sector. Since the 1990s, nine states have banned affirmative action practice in public universities and state governments. Though these bans have... View Details
Keywords: Inequality; Regulation; Law; Organizational Norm; CEO; Affirmative Action; Organizations; Private Sector; Equality and Inequality; Diversity; Race; Governing Rules, Regulations, and Reforms
Zhang, Letian. "Regulatory Spillover and Workplace Racial Inequality." Administrative Science Quarterly 67, no. 3 (September 2022): 595–629.
- August 2022
- Article
The U.S. Approach to Antitrust Policy in Technology Markets
By: Shane Greenstein
This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,... View Details
Greenstein, Shane. "The U.S. Approach to Antitrust Policy in Technology Markets." AEI Digital Platforms and American Life Project (August 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
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.
- July 2022 (Revised January 2025)
- Case
Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard
By: Jonas Heese, Joseph Pacelli and James Barnett
In January 2022, Microsoft announces its acquisition of the video game company Activision Blizzard, in a deal valued at $68.7 billion, which would make Microsoft the world’s third largest video game company. The deal came as Activision Blizzard faced gender pay... View Details
Keywords: Accounting; Goodwill Accounting; Analysis; Decision Making; Talent and Talent Management; Games, Gaming, and Gambling; Ethics; Leadership; Risk and Uncertainty; Mergers and Acquisitions; Lawsuits and Litigation; Entertainment and Recreation Industry; Video Game Industry; North America; California
Heese, Jonas, Joseph Pacelli, and James Barnett. "Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard." Harvard Business School Case 123-011, July 2022. (Revised January 2025.)
- June 2022
- Teaching Plan
Pacesetters
By: Jeffrey J. Bussgang and Mel Martin
Teaching Plan for HBS Case No. 322-019. City Sealcoating CEO Keith Chaney had just publicly called out the Boston Chamber of Commerce for their slow progress on their supplier diversity program, Pacesetters. Established in 2018 by regional business leaders,... View Details
- June 25, 2022
- Guest Column
CEOs Didn't Make the Roe Decision. It's Still Their Problem to Solve
By: Sandra Sucher
Keywords: Health Care and Treatment; Trust; Rights; Government Legislation; Social Issues; Employee Relationship Management; Corporate Social Responsibility and Impact; United States
Sucher, Sandra. "CEOs Didn't Make the Roe Decision. It's Still Their Problem to Solve." Barron's (June 25, 2022).
- June 2022 (Revised October 2022)
- Case
Can Goodr Fight Food Insecurity at Scale?
By: Daniel Isenberg and William R. Kerr
Jasmine Crowe founded Goodr to redirect food waste to people in need. Now a profitable enterprise, she’s searching for Series A funding and encountering pushback. Scaling and contract concerns are also at the forefront of her mind, but so are her values. Feeding... View Details
Keywords: Entrepreneurship; Investor Demand; Food; Corporate Social Responsibility and Impact; Values and Beliefs; Social Issues; Race; Opportunities; Contracts; Mission and Purpose; Financing and Loans
Isenberg, Daniel, and William R. Kerr. "Can Goodr Fight Food Insecurity at Scale?" Harvard Business School Case 822-143, June 2022. (Revised October 2022.)
- June 2022 (Revised January 2023)
- Case
South Africa – a 'Just Energy Transition'
By: Richard Vietor
South Africa, like most other countries, is in the process of reducing its carbon emissions to comply with COP26 and, hopefully, reach net zero emissions by 2050. However, because South Africa relies almost wholly on coal (93%) for electricity, and on coal for... View Details
Keywords: Energy; Economic Development; Climate Change; Coal Mining; Emission Reduction; Environmental Regulation; Environmental Sustainability; Environmental Law; Labor and Management Relations; Labor Unions; Natural Resources; Energy Policy; Energy Sources; South Africa
Vietor, Richard. "South Africa – a 'Just Energy Transition'." Harvard Business School Case 722-069, June 2022. (Revised January 2023.)
- 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
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.
- Article
How Much Should We Trust Staggered Difference-In-Differences Estimates?
By: Andrew C. Baker, David F. Larcker and Charles C.Y. Wang
We explain when and how staggered difference-in-differences regression estimators, commonly applied to assess the impact of policy changes, are biased. These biases are likely to be relevant for a large portion of research settings in finance, accounting, and law that... View Details
Keywords: Difference In Differences; Staggered Difference-in-differences Designs; Generalized Difference-in-differences; Dynamic Treatment Effects; Mathematical Methods
Baker, Andrew C., David F. Larcker, and Charles C.Y. Wang. "How Much Should We Trust Staggered Difference-In-Differences Estimates?" Journal of Financial Economics 144, no. 2 (May 2022): 370–395. (Editor's Choice, May 2022; Jensen Prize, First Place, June 2023.)
- April 2022
- Case
Marsha Simms: Trailblazer in Corporate Law
By: Robin Ely, Boris Groysberg, Colleen Ammerman and Olivia Hull
Follows the journey of lawyer Marsha Simms from her childhood in racially-segregated St. Louis to the upper echelons of the New York legal community. Describes her education, career choices, accomplishments, and setbacks. Highlights significant moments such as her... View Details
Keywords: Leadership; Career; Career Management; Diversity; Inclusion; Equity; Gender; Race; Corporate Finance; Law; Leadership Development; Personal Development and Career; Relationships; Power and Influence; Social and Collaborative Networks; Status and Position; Social Issues; Legal Services Industry; United States; New York (state, US)
Ely, Robin, Boris Groysberg, Colleen Ammerman, and Olivia Hull. "Marsha Simms: Trailblazer in Corporate Law." Harvard Business School Case 422-012, April 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
Heese, Jonas. "Conflicts of Interest at Uptown Bank." Harvard Business School Case 122-022, April 2022. (Revised August 2022.)
- April 2022
- Supplement
PG&E and the First Climate Change Bankruptcy
By: Stuart C. Gilson
- March–April 2022
- Article
Uncovering the Mitigating Psychological Response to Monitoring Technologies: Police Body Cameras Not Only Constrain but Also Depolarize
By: Shefali V. Patil and Ethan Bernstein
Despite organizational psychologists’ long-standing caution against monitoring (citing its reduction in employee autonomy and thus effectiveness), many organizations continue to use it, often with no detriment to performance and with strong support, not protest, from... View Details
Keywords: Monitoring; Transparency; Polarization; Body Worn Cameras; Quasi Field Experiment; Analytics and Data Science; Employees; Perception; Law Enforcement
Patil, Shefali V., and Ethan Bernstein. "Uncovering the Mitigating Psychological Response to Monitoring Technologies: Police Body Cameras Not Only Constrain but Also Depolarize." Organization Science 33, no. 2 (March–April 2022): 541–570. (*The authors contributed equally to this manuscript.)