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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

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

2013
Working Paper

Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation

By: Francois Brochet and Suraj Srinivasan

We examine which independent directors are held accountable when investors sue firms for financial and disclosure related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over... View Details

Keywords: Debt Securities; Lawsuits and Litigation; Legal Liability

July 2021
Article

Electronic Trace Data and Legal Outcomes: The Effect of Electronic Medical Records on Malpractice Claim Resolution Time

By: Sam Ransbotham, Eric Overby and Michael C. Jernigan

Information systems generate copious trace data about what individuals do and when they do it. Trace data may affect the resolution of lawsuits by, for example, changing the time needed for legal discovery. Trace data might speed resolution by clarifying what events... View Details

Keywords: Analytics and Data Science; Lawsuits and Litigation; Digital Transformation; Welfare; Health Industry

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04 Mar 2015
News

Patent trolls: Why no one likes them

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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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

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

August 2000 (Revised February 2001)
Case

Plum Creek Timber (A)

By: Max H. Bazerman, Hannah Bowles, Dov Brachfeld and Jack Troast

Plum Creek Timber Co., the nation's sixth largest private timberland owner and forest products company, must decide whether to enter negotiations with the U.S. government to establish a Habitat Conservation Plan (HCP) on its Pacific Northwest properties for a... View Details

Keywords: Conflict of Interests; Negotiation Process; Negotiation Participants; Environmental Sustainability; Business and Government Relations; Forest Products Industry; United States

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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 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

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

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

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

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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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

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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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

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

W.R. Grace & Co: Dealing with Asbestos Torts (HBS Case #213046)

A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract... View Details

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