Publications

Read Now

18 Jan 2022
Research & Ideas

How Eliminating Non-Competes Could Reshape Tech

Harvard Business School says. As part of a sweeping executive order aimed at promoting competition in the American economy, US President Joe Biden specifically called out non-compete agreements as hurtful to innovation and workers. Issued last July, the order asks the... View Details

Keywords: by Kristen Senz; Technology

26 Jul 2004
Research & Ideas

A Better Way to Negotiate: Backward

be its strongest regional ally. Yet because Israel's formal membership might have kept numerous Arab states from joining the coalition, the U.S. government pointedly excluded the Israelis, starting negotiations elsewhere. Careful... View Details

Keywords: by James K. Sebenius

March 2006 (Revised November 2010)
Background Note

Protecting Foreign Investors

By: Louis T. Wells Jr.

Describes the emergence of several kinds of efforts to assure the safety of foreign investment in emerging markets: international arbitration, expanded official political risk insurance, credit from government agencies, and intervention by investors' home governments.... View Details

Keywords: Foreign Direct Investment; Risk Management; Emerging Markets; Agreements and Arrangements; Business and Government Relations; Safety

29 Jul 2022
Research & Ideas

Will Demand for Women Executives Finally Shrink the Gender Pay Gap?

gender is underrepresented, Healy says. “You can bring that power to the negotiating table in at least trying to make sure you're treated fairly,” he says. Healy partnered with Boris Groysberg, the Richard P. Chapman Professor of Business... View Details

Keywords: by Kristen Senz

July 2024
Technical Note

Intellectual Property in Tough Tech Ventures

By: Joshua Lev Krieger, Jim Matheson, Russ Wilcox and Mel Martin

This note explains the crucial role of intellectual property rights (IPR), particularly patents, in the success of tough tech ventures (TTVs). It outlines the patent system's mechanics, emphasizing utility patents and their requirements for novelty, non-obviousness,... View Details

Keywords: Intellectual Property

20 Jan 2017
News

The Economy And Trump: Gestures Versus Policy

June 2018 (Revised January 2020)
Case

Renegotiating NAFTA

By: Laura Alfaro, Haviland Sheldahl-Thomason and Sarah Jeong

January 1, 2019 marked the 25th anniversary of the North American Free Trade Agreement (NAFTA). Twenty-five years after the landmark trade pact was signed by the United States, Canada, and Mexico, considerable debate surrounded it. Trade and trade agreements were a... View Details

Keywords: Trade; Negotiation; Agreements and Arrangements; Cost vs Benefits; Auto Industry; United States; Mexico; Canada

October 2009 (Revised November 2009)
Case

Acciona and the Battle for Control of Endesa

Acciona, S.A. is a global infrastructure and renewable energy conglomerate that is publicly traded in Spain and controlled by the Entrecanales family. In 2006, the company joined the highly politicized cross-border takeover battle for Spain's largest electric utility,... View Details

Keywords: Mergers and Acquisitions; Business Conglomerates; Renewable Energy; Cross-Cultural and Cross-Border Issues; Ownership Stake; Business and Government Relations; Business Strategy; Energy Industry; Utilities Industry; Spain

14 Jan 2014
First Look

First Look: January 14

Tufts that is based at the Harvard Law School. Summaries of several of Koh's negotiations are presented in order to stimulate further research and analysis. Among numerous other activities, the episodes described include his leadership in... View Details

Keywords: Sean Silverthorne

September 2001 (Revised July 2009)
Case

Buenos Aires Embotelladora S.A. (BAESA): A South American Restructuring

By: Stuart C. Gilson and Gustavo A. Herrero

In 1998, BAESA, PepsiCo's largest bottler and distributor outside North America, experienced severe financial difficulty and had to restructure its debt and business operations to avoid bankruptcy or liquidation. Based in Argentina, with operations throughout South... View Details

Keywords: Restructuring; Borrowing and Debt; Insolvency and Bankruptcy; Bonds; Stocks; Multinational Firms and Management; Laws and Statutes; United States; Argentina; Brazil

26 Oct 2010
First Look

First Look: October 26, 2010

http://sloanreview.mit.edu/the-magazine/articles/2010/fall/52111/selling-to-many-cultures-within-the-us/ Building Intercultural Trust at the Negotiating Table Authors:Sujin Jang and Roy Y.J. Chua Publication:In View Details

Keywords: Sean Silverthorne

May 1988 (Revised November 1990)
Case

Airbus vs. Boeing (B): The Storm Intensifies

By: Malcolm S. Salter

Discusses the growing competition faced by U.S. producers of civil aircraft due to the success and expanding product line of Airbus Industries. Designed to foster discussion of international trade policy as it affects producers in the industry and to encourage firm... View Details

Keywords: Trade; Policy; Negotiation; Competition; Competitive Strategy; Aerospace Industry; United States

September 1996 (Revised December 2000)
Background Note

Protection of Intellectual Property in the United States, The

By: Myra M. Hart and Howard G. Zaharoff

Presents an overview of U.S. laws/systems in place to safeguard intellectual property rights. Includes a brief history of the development of the laws. Attention is given to patents, licenses, copyrights, trade secrets, trade and service markets, and non-disclosure and... View Details

Keywords: Trademarks; Patents; Copyright; Laws and Statutes; Agreements and Arrangements; United States

March 2003 (Revised January 2008)
Case

Northrop versus TRW

By: Carliss Y. Baldwin and James Quinn

TRW, a leading supplier of advanced technology products for the auto, defense, and aerospace markets, receives an unexpected stock-for-stock offer from defense company Northrop Grumman Corp. The $11.4 billion aggregate offer, which represents a 22% premium over the... View Details

Keywords: Mergers and Acquisitions; Decision Choices and Conditions; Governing and Advisory Boards; Laws and Statutes; Negotiation Tactics; Valuation; Aerospace Industry; Auto Industry; Ohio

Find at Harvard

27 Jun 2005
Research & Ideas

The Potential Downside of Win-Win

little effect on the restaurant or movie industry. Their contentment left society slightly better off. It is generally wonderful when parties are able to trade off interests to create value. In fact, one of the most important... View Details

Keywords: by Max H. Bazerman

September 2002 (Revised May 2003)
Case

X-IT and Kidde (A)

By: Constance E. Bagley and David Lane

Involves a start-up, X-IT Products LLC, whose founders had designed an innovative, lightweight, and easy-to-use--yet strong--escape ladder. After X-IT had filed a patent application for the ladder in the United States, X-IT was approached by Kidde PLC, one of the... View Details

Keywords: Patents; Negotiation Process; Agreements and Arrangements; Ethics; Lawsuits and Litigation; Business Startups; Consumer Products Industry

26 Jun 2019
Research & Ideas

Why the US-China Tariff Standoff Hurts American Companies More

Cavallo suggests that American companies—and more recently, consumers—are bearing the brunt of the trade war with China, whose government has been retaliating with its own import tax increases. US exporters, particularly farmers selling... View Details

Keywords: by Danielle Kost; Retail; Manufacturing; Steel

March 2001
Case

Charlene Barshefsky (B)

By: James K. Sebenius and Rebecca Hulse

Details former U.S. Trade Representative Charlene Barshefsky's strategic and tactical approach to surmounting the barriers laid out in the (A) case. View Details

Keywords: Trade; International Relations; Copyright; Negotiation Style; Negotiation Tactics; Alliances; Business and Government Relations; China; United States