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- Faculty Publications (293)
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- All HBS Web (442)
- Faculty Publications (293)
- August 2017 (Revised November 2019)
- Case
Capitol Digital
By: Richard Ruback and Royce Yudkoff
The case describes the acquisition of Capitol Digital, which specialized in litigation support and digital forensics, including due diligence findings and first year operational plans. View Details
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry
We investigate the effect of patent wars on firm strategy using data from the global smartphone market. In particular, we analyze how smartphone vendors not involved in patent litigation strategically respond to increased litigation risks in this industry. We find... View Details
- February 2013
- Article
An Activity-Generating Theory of Regulation
By: Joshua Schwartzstein and Andrei Shleifer
We propose an activity-generating theory of regulation. When courts make errors, tort litigation becomes unpredictable and as such imposes risk on firms, thereby discouraging entry, innovation, and other socially desirable activity. When social returns to activity are... View Details
Keywords: Courts and Trials; Lawsuits and Litigation; Governing Rules, Regulations, and Reforms; Theory
Schwartzstein, Joshua, and Andrei Shleifer. "An Activity-Generating Theory of Regulation." Journal of Law & Economics 56, no. 1 (February 2013): 1–38. (Lead Article.)
- 2017
- Chapter
Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both aggregate trends and cross-sectional differences amongst various types of NPEs. Survey evidence illustrates a number of ways in which NPEs can... View Details
Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Lawsuits and Litigation; Innovation and Invention
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey." In Patent Assertion Entities and Competition Policy, edited by D. Daniel Sokol. Cambridge University Press, 2017.
- 2006
- Other Unpublished Work
Does Competition Increase Patent Litigation? Empirical Evidence of Strategic Patenting in the Telecom Equipment Industry
By: Juan Alcacer and Rachelle C. Sampson
Anecdotal evidence suggests that patent litigation has increased in the last 20 years as firms in knowledge intensive industries use patents more frequently to protect their knowledge stocks and managers focus on extracting new revenue streams from existing patent... View Details
- July 2008 (Revised August 2008)
- Supplement
Fidelity Investments' Charitable Gift Fund (B)
By: Robert C. Pozen
The (B) case informs students of Fidelity's decision about pursuing a business process patent for its charitable gift fund and describes subsequent litigation and lawsuits filed by other companies over business process patent issues. View Details
Pozen, Robert C. "Fidelity Investments' Charitable Gift Fund (B)." Harvard Business School Supplement 309-003, July 2008. (Revised August 2008.)
Samuel B. Antill
Samuel Antill is an assistant professor of business administration in the Finance Unit at Harvard Business School. He teaches the Finance II course in the MBA required curriculum.
Professor Antill’s research interests are in corporate... View Details
Professor Antill’s research interests are in corporate... View Details
John F. Batter
John Batter is a retired Litigation Partner in the Boston Office of Wilmer Cutler Pickering Hale and Dorr LLP where his practice focussed on on the defense of public and private companies and their directors and management against breach of fiduciary duty claims and... View Details
- Spring 2015
- Article
Sovereign Debt Restructuring: Evaluating the Impact of the Argentina Ruling
By: Laura Alfaro
Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede... View Details
Alfaro, Laura. "Sovereign Debt Restructuring: Evaluating the Impact of the Argentina Ruling." Harvard Business Law Review 5, no. 1 (Spring 2015): 47–71.
- 12 May 2016
- Blog Post
Reflecting on the JD/MBA Experience
through commercial litigation or transactional M&A work. Harvard was my first choice because I had an outstanding undergraduate experience there and because Harvard's JD/MBA program combines both Harvard Law School and Harvard... View Details
- September 2009 (Revised August 2011)
- Case
Urban Decay: A Great Idea
By: Lena G. Goldberg
Casual discussions of ideas for a new business can have unintended legal consequences and expectations about founder status and ownership shares may diverge widely. Using facts from a litigated case, the concept of inadvertent formation of a partnership is explored. View Details
Keywords: Business Startups; Spoken Communication; Lawsuits and Litigation; Ownership Stake; Partners and Partnerships
Goldberg, Lena G. "Urban Decay: A Great Idea." Harvard Business School Case 310-032, September 2009. (Revised August 2011.)
- 2018
- Working Paper
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of non-practicing 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; NPEs; PAEs; Innovation; Patents; Ethics; Lawsuits and Litigation; Innovation and Invention; Corporate Finance
Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Harvard Business School Working Paper, No. 15-002, July 2014. (Revised June 2018.)
- August 2005 (Revised April 2006)
- Case
Rambus Inc., 2005
By: David B. Yoffie
Rambus is grappling with the ever-changing dynamics of the DRAM/semiconductor industry. The company is actively defending its patent portfolio through litigation and exploring both partnerships and industry standards for keys to future profitability and growth. How can... View Details
Keywords: Competition; Partners and Partnerships; Lawsuits and Litigation; Growth and Development Strategy; Semiconductor Industry; United States
Yoffie, David B. "Rambus Inc., 2005." Harvard Business School Case 706-416, August 2005. (Revised April 2006.)
- April 2007 (Revised June 2008)
- Background Note
USG
By: Elie Ofek and Kerry Herman
Serves as a background note for purposes of class discussion around next-generation innovation at USG. Describes the company, its products, and competitors. Of relevance is the fact that it recently filed for Chapter 11 due to litigation over asbestos-related claims.... View Details
Ofek, Elie, and Kerry Herman. "USG." Harvard Business School Background Note 507-073, April 2007. (Revised June 2008.)
- May 2010 (Revised May 2013)
- Case
C.K. Claridge, Inc.
Sued for patent infringement, chemical manufacturer C.K. Claridge tries to design a settlement strategy taking into account a decision analysis of litigating v. negotiating. The plaintiffs are the patent holder and its sole licensee, who is also a CKC competitor. (This... View Details
Keywords: Decision Making; Patents; Lawsuits and Litigation; Negotiation Style; Negotiation Tactics; Chemical Industry
Sebenius, James K. "C.K. Claridge, Inc." Harvard Business School Case 910-045, May 2010. (Revised May 2013.)
Trang Nguyen
Trang Nguyen is a student at the Ph.D. Business Administration program jointly offered by Harvard Business School and Harvard Graduate School of Arts and Sciences.
Trang is interested in research at the intersection of corporate governance... View Details
Trang is interested in research at the intersection of corporate governance... View Details
- January 2016 (Revised January 2019)
- Case
The Allergan Board Under Fire (A)
By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R＆D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Governing and Advisory Boards; Mergers and Acquisitions; Corporate Governance; Management Teams; Business and Shareholder Relations; Pharmaceutical Industry
Paine, Lynn S., Suraj Srinivasan, John C. Coates, and David Lane. "The Allergan Board Under Fire (A)." Harvard Business School Case 316-010, January 2016. (Revised January 2019.)
- 2015
- Working Paper
Auditor Lobbying on Accounting Standards
By: Abigail Allen, Karthik Ramanna and Sugata Roychowdhury
We examine how Big N auditors' changing incentives impact their comment-letter lobbying on U.S. GAAP over the first thirty-four years of the FASB (1973–2006). We examine the influence of auditors' lobbying incentives arising from three basic factors: managing expected... View Details
Allen, Abigail, Karthik Ramanna, and Sugata Roychowdhury. "Auditor Lobbying on Accounting Standards." Harvard Business School Working Paper, No. 15-055, December 2014. (Winner of the American Accounting Association Western Conference Best Paper Award.)
- January 2016 (Revised January 2019)
- Supplement
The Allergan Board Under Fire (B)
By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R＆D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Corporate Governance; Investment Activism; Business and Stakeholder Relations; Business Model; Business and Shareholder Relations; Valuation; Pharmaceutical Industry
Paine, Lynn S., Suraj Srinivasan, John C. Coates, and David Lane. "The Allergan Board Under Fire (B)." Harvard Business School Supplement 316-029, January 2016. (Revised January 2019.)