Publications

May 2011 (Revised July 2012)
Exercise

Remicade/Simponi: Confidential Instructions for Johnson & Johnson

By: Guhan Subramanian and Rhea Ghosh

This two-party negotiation exercise features a real-life dispute between Merck and Johnson & Johnson regarding European distribution rights to two highly lucrative drugs. View Details

Keywords: Price; Rights; Agreements and Arrangements; Negotiation Deal; Problems and Challenges; Risk and Uncertainty; Europe

March 2005 (Revised June 2005)
Background Note

Arbitration between Foreign Investors and Host Governments

By: Louis T. Wells Jr. and Regina Garcia-Cuellar

Explains the emergence of international arbitration as an option for foreign investors with disputes with governments of emerging markets. Presents issues about whether arbitration will remain acceptable to countries and governments. View Details

Keywords: Conflict and Resolution; Foreign Direct Investment; Globalized Markets and Industries; Emerging Markets; Government and Politics

March 2010
Supplement

Whose Money Is It Anyway? (C)

By: V.G. Narayanan, Richard G. Hamermesh and Rachel Gordon

The case describes how the Brigham and Women's Physicians Organization and its corporate parent resolved the issue of how the disputed funds would be distributed and used. View Details

Keywords: Corporate Governance; Business Subsidiaries; Organizational Design; Conflict and Resolution; Resource Allocation; Health Industry

April 2011 (Revised March 2012)
Supplement

U.S. Healthcare Reform: Reaction to the Patient Protection and Affordable Care Act of 2010

By: Arthur A. Daemmrich

Supplement to "U.S. Healthcare Reform: International Perspectives" updating key events and disputes concerning the reform law, including the 2010 Congressional elections, legislative proposals, legal challenges, and responses by employers. View Details

Keywords: Governing Rules, Regulations, and Reforms; Government Legislation; Political Elections; Health Care and Treatment; Lawsuits and Litigation; Business and Government Relations; Public Opinion; Health Industry; Public Administration Industry; United States

January 2020
Case

Terra Nova: A Social Business Trying to Unlock Land Rights for the Urban Poor in Brazil

By: Julie Battilana, Ruth Costas, Marissa Kimsey and Priscilla Zogbi

Brothers André and Daniel Albuquerque founded the company Terra Nova in 2001 to mediate land disputes between poor families illegally living in urban areas and the official landowners—with the aspiration to improve the lives of the poor. A business-led approach to the... View Details

Keywords: Mission and Purpose; Social Enterprise; Entrepreneurship; Negotiation; Power and Influence; Social Issues; Conflict and Resolution; Business and Government Relations; Infrastructure; Urban Development; Real Estate Industry; Brazil; Latin America

March 2008 (Revised June 2012)
Background Note

ADR Choices

By: Michael Wheeler, James Sebenius and Marjorie Aaron

Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to... View Details

Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management

February 2011 (Revised August 2011)
Case

Brazil: Leading the BRICs?

By: Arthur A. Daemmrich and Aldo Musacchio

Brazil's new president, Dilma Rousseff, had announced plans to sustain GDP growth above 5% annually and continue the country's leadership role among emerging economies. Between 2003 and 2010, Brazil benefited from strong economic growth and stable policies under the... View Details

Keywords: Developing Countries and Economies; Intellectual Property; Infrastructure; Economic Growth; Trade; International Relations; Economic Systems; Globalization; Corporate Strategy; Brazil; Russia; India; China; United States

February 2003 (Revised May 2003)
Case

Bombardier: Canada versus Brazil at the WTO

By: Rawi E. Abdelal, Laura Alfaro and Brett Laschinger

In less than a decade, Bombardier had grown from a medium-size Canadian company to a highly profitable global player largely on the strength of the introduction of a new generation of regional jet and successfully marketing its product to airlines around the world.... View Details

Keywords: Trade; Global Strategy; Five Forces Framework; Marketing Strategy; Product Launch; Business and Government Relations; Situation or Environment; Competition; Air Transportation Industry; Canada; Brazil

February 2012 (Revised August 2014)
Supplement

Poles Apart on PZU (C)

By: Francesca Gino, Vincent Dessain, Karol Misztal and Michael Khayyat

After a decade-long dispute with the Polish State Treasury, in October 2009 the Dutch insurer Eureko agreed to exit PZU in exchange for compensation. Who was the biggest beneficiary of the settlement: Eureko, the Treasury, or PZU itself? View Details

Keywords: Negotiation Process; Insurance; Negotiation Deal; Insurance Industry; Poland

August 2009 (Revised June 2011)
Case

Kansas City Zephyrs Baseball Club, Inc. 2006

By: Krishna G. Palepu

This case centers around a dispute between the owners and the players regarding the profitability of professional baseball teams in connection with the negotiations for a new collective bargaining agreement. The case describes the financial statements of the baseball... View Details

Keywords: Accrual Accounting; Financial Statements; Profit; Labor Unions; Measurement and Metrics; Agreements and Arrangements; Performance; Sports Industry; United States

September 2010 (Revised October 2010)
Background Note

Note on International Trade Finance

By: C. Fritz Foley, Matthew Johnson and David Lane

This note provides an introduction to the financing terms and payment arrangements that support international trade. It describes the principal instruments of trade finance, the limited evidence on their relative use, and the international trade dispute resolution... View Details

Keywords: Trade; Credit; Financial Instruments; Financing and Loans; International Finance; Conflict and Resolution

September 2014 (Revised February 2017)
Case

Turkcell

By: Felix Oberholzer-Gee, Charles C.Y. Wang and Esel Cekin

This case centers around the shareholder dispute between three major shareholders of Turkcell, and how its management vied against increasing regulatory intervention and market competition in the absence of a fully-functioning board. The battle for control of the... View Details

Keywords: Financial Performance; Regulatory Environment; Telecommunications; Marketing; Value Added; Pricing; Shareholder; Boards Of Directors; Governing and Advisory Boards; Corporate Governance; Conflict and Resolution; Business and Shareholder Relations; Telecommunications Industry; Turkey

February 2016 (Revised June 2016)
Case

The Maggi Noodle Safety Crisis in India (A)

By: Karthik Ramanna and Radhika Kak

The local government in Delhi has ordered a ban on Nestlé's flagship product in India—Maggi Noodles—citing excessive lead content per government lab tests. Nestlé disputes the government tests, noting that internal and third-party tests show the product to be safe.... View Details

Keywords: Multinationals; Regulation; Customer Relations; Business And Government; Crisis Management; Leadership; Multinational Firms and Management; Globalization; Governing Rules, Regulations, and Reforms; Safety; Customer Relationship Management; Business and Government Relations; India; Europe; Switzerland

December 2010 (Revised April 2012)
Background Note

Stalemate at the WTO: TRIPS, Agricultural Subsidies, and the Doha Round

By: Arthur A. Daemmrich

This note analyzes disputes over intellectual property enforcement and agricultural trade barriers at the center of the Doha Round of World Trade Organization (WTO) negotiations. Fundamental principles of intellectual property rights and agricultural subsidies are... View Details

Keywords: Agribusiness; Trade; Globalization; Governance; International Relations; Intellectual Property; Agreements and Arrangements; Agriculture and Agribusiness Industry; Pharmaceutical Industry

April 1996 (Revised November 1997)
Case

Background and Agreements on Foreign Direct Investment

By: Louis T. Wells Jr. and Courtenay Sprague

A brief history of foreign direct investment (FDI) is explored, emphasizing conflicts, developments in the legal framework governing FDI, and international agreements and nonbinding principles formulated to resolve disputes brought in by FDI. Propositions provide a... View Details

Keywords: Foreign Direct Investment; Agreements and Arrangements; Conflict Management

June 6, 2019
Article

Tesla's Advantage? 'It's the Software, Stupid.'

By: Lou Shipley

Without question, entrepreneur, innovator and engineer Elon Musk is a controversial figure, but there is no disputing that his first-to-market Tesla electric vehicles are not only revolutionizing the high-end driving experience, but also disrupting the automobile... View Details

Keywords: Tesla; Elon Musk; Autonomous Vehicle; Transportation; Software; Technology; Disruption; Auto Industry

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January 1999
Exercise

Seneca Systems (B): General and Confidential Instructions for R. Thompson, Vice President, Marketing

Seneca is a three-party negotiation-mediation simulation. The context is a product failure crisis in a manufacturing company with highly autonomous units. The heads of two divisions are in a dispute over who has responsibility for failures in a key product. The head of... View Details

Keywords: Negotiation Participants; Business Divisions; Power and Influence; Manufacturing Industry

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April 2015
Case

Who Owns the Whale? (Abridged)

By: Thales S. Teixeira and David E. Bell

Judge William Wright considers the case of the dispute of a whale carcass wherein several whaling ships claim ownership based on each one's contribution to its killing. The judge must weigh in the differing efforts and costs of three ships who each played a role at... View Details

Keywords: Whaling; Attribution; Norms-of-ownership; Transaction Costs; Deadweight Losses; Free-rider Problem; Advertising; History; United States; United Kingdom