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June 1998 (Revised December 2006)
Case

Clear Communications Ltd. vs. Telecom Corporation of New Zealand Ltd. (A)

By: Willis M. Emmons III and Martin Calles

Features the challenges facing an entrant in the New Zealand telecommunications market during the period 1989-1994. Clear Communications Ltd. (CCL), a joint venture owned by Bell Canada, MCI, New Zealand Television Corp., and Todd Companies, begins offering long... View Details

Keywords: Market Entry and Exit; Competition; Emerging Markets; Privatization; Monopoly; Mobile and Wireless Technology; Corporate Strategy; Business or Company Management; Expansion; Law; Telecommunications Industry; New Zealand

October 2002 (Revised January 2003)
Case

Hermitage Fund, The: Media and Corporate Governance in Russia

William Browder, the top executive of the Hermitage Fund, the best-performing international equity fund over the last five years, attributed much of his funds' strong returns to its focus on shareholder activism and corporate governance. In 2001, he was putting this... View Details

Keywords: Media; Corporate Governance; Investment Activism; Financial Services Industry; Russia

August 2023
Teaching Note

LIV Golf

By: Alexander J. MacKay

Teaching Note for HBS Case No. 723-371. On March 17, 2022, Greg Norman, CEO of LIV Golf, announced the 8-tournament schedule for the inaugural season of the LIV Golf Invitational Series. Norman, a retired professional golfer and former world #1, was helming the league... View Details

Keywords: Anti-trust; Golf; ＂Sports Organizations,; Sports Management; Competition; Competition Policy; Strategy; Strategy And Leadership; Sports; Competitive Strategy; Lawsuits and Litigation; Sports Industry

April 2009 (Revised October 2010)
Case

Golden Rule

By: Andrew Wasynczuk, Katherine Dowd and Sara del Nido

Jim Golden wants to radically change how catastrophic trucking accident lawsuit claims are handled by his trucking company. He wants to “do the right thing” for both the claimant and his company. Golden is a former litigator with 16 years of experience defending... View Details

Keywords: Business Ethics; Business Law; Law; Executives; Management Education; Management; Negotiator's Dilemma; Negotiations; Value; Moral Compass; Moral Leadership; Lawsuits and Litigation; Ethics; Moral Sensibility; Corporate Accountability; Negotiation; Conflict and Resolution; Value Creation

June 2024
Case

Caesars Entertainment: Governance on the Road to Bankruptcy

By: Kristin Mugford

Caesars Entertainment was a large casino operator in the United States that had been purchased in a 2008 leveraged buyout by Apollo and TPG. In January 2015, Caesars Entertainment Operating Company (CEOC), its largest subsidiary, filed for Chapter 11. This set up a... View Details

Keywords: Gaming; Chapter 11; Fraudulent Conveyance; Apollo; TPG; Bankruptcy; Leveraged Buyouts; Restructuring; Capital Structure; Insolvency and Bankruptcy; Private Equity; Financial Management; Lawsuits and Litigation; Negotiation; Games, Gaming, and Gambling; Borrowing and Debt; Entertainment and Recreation Industry; Las Vegas

April 2017
Teaching Note

Golden Rule

By: Andrew Wasynczuk

Jim Golden wants to radically change how catastrophic trucking accident lawsuit claims are handled by his trucking company. He wants to “do the right thing” for both the claimant and his company. Golden is a former litigator with 16 years of experience defending... View Details

Keywords: Business Ethics; Business Law; Law; Executives; Management Education; Management; Negotiator's Dilemma; Negotiations; Value; Moral Compass; Moral Leadership; Lawsuits and Litigation; Ethics; Moral Sensibility; Corporate Accountability; Negotiation; Conflict and Resolution; Value Creation

November 2010 (Revised May 2014)
Case

Dow's Bid for Rohm and Haas

By: Benjamin C. Esty and David Lane

This case analyzes Dow Chemical Company's proposed acquisition of Rohm and Haas in 2008. The $18.8 billion acquisition was part of Dow's strategic transformation from a slow-growth, low-margin, and cyclical producer of basic chemicals into a higher-growth,... View Details

Keywords: Mergers and Acquisitions; Financial Crisis; Capital Structure; Financial Condition; Financial Management; Contracts; Lawsuits and Litigation; Risk and Uncertainty; Valuation; Chemical Industry

2019
Working Paper

Voting Trusts and Antitrust: Rethinking the Role of Shareholder Rights and Private Litigation in Public Regulation, 1880s to 1930s

By: Naomi R. Lamoreaux and Laura Phillips Sawyer

Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. But they have also argued that the growth of large-scale enterprises operating in national and... View Details

Keywords: Voting Trusts; Antitrust; Business and Shareholder Relations; Lawsuits and Litigation; History; United States

Article

Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members

By: Suraj Srinivasan

I use a sample of 409 companies that restated their earnings from 1997 to 2001 to examine penalties for outside directors, particularly audit committee members, when their companies experience accounting restatements. Penalties from lawsuits and Securities and Exchange... View Details

Keywords: Outcome or Result; Business Earnings; Financial Statements; Lawsuits and Litigation; Labor; Markets; Financial Reporting; Accounting Audits; Cost; Reputation

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December 2021
Article

Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers

By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos

We study the effect of financial incentives on whistleblowing and the consequences for whistleblowers under the cash-for-information program of the False Claims Act (FCA). Exploiting appeals-court decisions that increase financial incentives for whistleblowing, we find... View Details

Keywords: Whistleblowers; Cash-for-information Whistleblower Programs; False Claims Act; Corporate Misconduct; Consequences For Whistleblowers; Crime and Corruption; Information; Cost

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December 2019
Article

Patent Trolls: Evidence from Targeted Firms

By: Lauren Cohen, Umit Gurun and Scott Duke Kominers

We provide the first large-sample evidence on the behavior and impact of nonpracticing entities (NPEs) in the intellectual-property space. We find that, on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms and target cash in... View Details

Keywords: Patent Trolls; Innovation; Patents; Lawsuits and Litigation; Ethics; Innovation and Invention

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November 2018 (Revised January 2020)
Case

Tesla, Inc. in 2018

By: Siko Sikochi, Suraj Srinivasan and Quinn Pitcher

On August 7, 2018 Elon Musk, Chairman and CEO of Tesla tweeted that he was considering taking Tesla private and had secured funding. Weeks went by without details about a deal and speculation grew that Musk had misled investors. He soon abandoned the idea, but the... View Details

Keywords: Disclosure Regulation; Board Independence; Corporate Governance; Business and Shareholder Relations; Governing and Advisory Boards

October 2021 (Revised October 2022)
Case

The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen

By: Suraj Srinivasan and Li-Kuan Ni

In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices that critics alleged had contributed to the nationwide... View Details

2024
Working Paper

Product Liability Litigation and Innovation: Evidence from Medical Devices

By: Alberto Galasso and Hong Luo

We examine the relationship between product liability litigation and innovation by systematically combining data on product liability lawsuits with data on new product introductions in a panel dataset of leading medical device firms. We first document a decline in... View Details

Keywords: Lawsuits and Litigation; Product Development; Technological Innovation; Safety; Governing Rules, Regulations, and Reforms; Medical Devices and Supplies Industry

June 2004 (Revised January 2005)
Case

Rambus Inc., 2004

By: David B. Yoffie and Deborah Freier

Examines the role of technology licensing in strategies for high-technology companies. In the 1990s, Rambus developed a revolutionary memory technology that would improve the ability of DRAMs to keep pace with ever-faster microprocessors. To commercialize the... View Details

Keywords: Innovation Strategy; Lawsuits and Litigation; Strategic Planning; Relationships; Commercialization; Competition; Technology Adoption; Value; Semiconductor Industry

April 2013 (Revised June 2016)
Case

AIG and the American Taxpayers (A)

By: Karthik Ramanna and Matthew Shaffer

Explores the decision faced by AIG's board on whether to join shareholder and ex-CEO Maurice Greenberg's lawsuit against the U.S. government. The suit, argued by super-lawyer David Boies (of Bush v. Gore and California Gay Marriage fame), claims that in September 2008... View Details

Keywords: Property Rights; Financial Institutions; Financial Markets; Financial Crisis; Property; Insurance Industry; United States

October 2013 (Revised January 2014)
Supplement

Fred Khosravi and AccessClosure (B)

By: Richard G. Hamermesh and Lauren Barley

It was January 2013, and Fred Khosravi, chairman of the board of AccessClosure Inc., wondered what the new year had in store for him and AccessClosure, the company he founded in late 2002. Khosravi was cautiously optimistic—the Mountain View, California-based medical... View Details

Keywords: Medical Devices; Vascular Closure Device; Patent Litigation; Patenting; Biomedical Research; Biotechnology; Biotech; Technological Innovation; Patents; Health Care and Treatment; Biotechnology Industry; United States; California

Article

The Changing Landscape of Auditors' Liability

By: Colleen Honigsberg, Shivaram Rajgopal and Suraj Srinivasan

We provide a comprehensive overview of shareholder litigation against auditors since the passage of the Private Securities Litigation Reform Act (PSLRA). The number of lawsuits per year has declined, dismissals have increased, and settlements in recent years have... View Details

Keywords: Auditor Litigation; Tellabs; Section 10(b); Section 11; Audit Quality; Janus; PSLRA; Class-action Litigation; Accounting Audits; Lawsuits and Litigation; Legal Liability

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April 2013
Supplement

AIG and the American Taxpayers (B)

By: Karthik Ramanna and Matthew Shaffer

Explores the decision faced by AIG's board on whether to join shareholder and ex-CEO Maurice Greenberg's lawsuit against the U.S. government. The suit, argued by super-lawyer David Boies (of Bush v. Gore and California Gay Marriage fame), claims that in September 2008... View Details

Keywords: Financial Markets; Financial Policy; Property Rights; Financial Institutions; Financial Crisis; Financial Management; Insurance Industry; United States

August 2024
Case

The Walt Disney Company: Management Guidance

By: Joseph Pacelli and James Weber

In November 2023, financial analyst Aurora Fee was forecasting The Walt Disney Company’s earnings and stock price, with the goal of providing an investment recommendation to her clients. Disney, one of the world’s largest media and entertainment companies, had just... View Details

Keywords: Valuation; Accounting; Investment; Communication; Forecasting and Prediction; Business Earnings; Growth and Development Strategy; Financial Services Industry; Entertainment and Recreation Industry; United States

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