Lawsuits and Litigation - Publications - Faculty & Research - Harvard Business School

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2023
Working Paper

Segmented Going-Public Markets and the Demand for SPACs

By: Angela Ma, Miles Zheng and Jessica Bai

We provide a regulatory-arbitrage-based explanation for the origin and proliferation of the Special Purpose Acquisition Company (SPAC). SPAC sponsors act as non-bank intermediaries, and the SPAC market structure appeals to yield-seeking investors and riskier,... View Details

Keywords: Special Purpose Acquisition Companies; Non-bank Intermediaries; Regulatory Arbitrage; Adverse Selection; Initial Public Offering

Forthcoming
Article

In the Red: Overdrafts, Payday Lending and the Underbanked

By: Marco Di Maggio, Angela Ma and Emily Williams

The reordering of transactions from “high-to-low” is a controversial bank practice thought to maximize fees paid by low-income customers on overdrawn accounts. We exploit multiple class-action lawsuits resulting in mandatory changes to this practice, coupled with... View Details

Keywords: Overdraft; Payday Loans; Excessive Fees; Underbanked; Underserved; Income; Personal Finance; Borrowing and Debt; Banks and Banking

January 2015
Case

Chevron Under Fire

By: George Serafeim, Rebecca Henderson and Christine Snively

Oil giant, Chevron, faced numerous challenges on environmental, social and governance (ESG) grounds in the first decade of the 21st century, including some major lawsuits and actions by NGOs. The case describes those challenges and raises questions about what is the... View Details

Keywords: Carbon Tax; Oil And Gas; Environment; Drilling; Governance; Business or Company Management; Corporate Social Responsibility and Impact; Corporate Strategy; Environmental Sustainability; Energy Sources; Mining Industry; Energy Industry

2017
Working Paper

Patent Trolls and Small Business Employment

By: Ian Appel, Joan Farre-Mensa and Elena Simintzi

We analyze how frivolous patent-infringement claims made by “patent trolls” affect small firms’ ability to create jobs, raise capital, and survive. Our identification strategy exploits the staggered passage of anti-patent-troll laws at the state level. We find that the... View Details

Keywords: Patent Trolls; Patents; Small Business; Employment; Venture Capital

September 2015
Case

Hexion/Apollo's Courtship of Huntsman Corporation (A)

By: Lena G. Goldberg and Danielle V. Holland

In July 2007, after several failed attempts to acquire Huntsman Corporation, Hexion/Apollo prevailed in a bidding war for the company and signed a definitive merger agreement. Apollo had down bid Huntsman during previous attempts to acquire the company, and Huntsman... View Details

Keywords: Fiduciary Outs; Topping Rights; Revlon Duties; Solvency Opinions; Reverse Termination Fees; Litigation Strategy; Law

October 2014 (Revised September 2017)
Case

The National Football League and Brain Injuries

By: Richard G. Hamermesh and Matthew G. Preble

The National Football League (NFL) was both the most popular spectator sport in the U.S. and a major economic entity, taking in roughly $10 billion a year in revenue. However through the early twenty-first century, an increased understanding of the long-term effects of... View Details

Keywords: Employee Safety; Safety; Employees; Sports; Health; Ethics; Sports Industry; United States

Article

Audit Quality and Auditor Reputation: Evidence from Japan

By: Douglas Skinner and Suraj Srinivasan

We study events surrounding ChuoAoyama's failed audit of Kanebo, a large Japanese cosmetics company whose management engaged in a massive accounting fraud. ChuoAoyama was PwC's Japanese affiliate and one of Japan's largest audit firms. In May 2006, the Japanese... View Details

Keywords: Audit Quality; Auditor Reputation; Japan; Accounting Audits; Crime and Corruption; Reputation; Beauty and Cosmetics Industry; Japan

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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

January 2014
Teaching Note

Dr. Benjamin Hooks and Children's Health Forum

By: Rosabeth Moss Kanter and Ai-Ling Malone

The case includes law, business, and public health perspectives on an African American leader's social entrepreneurship and leadership in other social movements. Later in his life, Dr. Benjamin Hooks championed the eradication of lead poisoning. Prior to that Hooks... View Details

Keywords: Leading Change; Health Disorders; Social Entrepreneurship; Personal Development and Career; Social Issues; United States

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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2013
Working Paper

The Auditing Oligopoly and Lobbying on Accounting Standards

By: Abigail M. Allen, Karthik Ramanna and Sugata Roychowdhury

We examine how the tightening of the U.S. auditing oligopoly over the last twenty-five years—from the Big 8 to the Big 6, the Big 5, and, then, the Big 4—has affected the incentives of the Big N, as manifest in their lobbying preferences on accounting standards. We... View Details

Keywords: Standards; Accounting Audits; Accounting Industry; United States

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

December 2016
Article

Through the Mud or in the Boardroom: Examining Activist Types and Their Strategies in Targeting Firms for Social Change

By: Charles Eesley, K. A. DeCelles and Michael Lenox

We examine the variety of activist groups and their tactics in demanding firms’ social change. While extant work does not usually distinguish among activist types or their variety of tactics, we show that different activists (e.g., social movement organizations vs.... View Details

Keywords: Negotiation Tactics; Investment Activism

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January 2016 (Revised February 2016)
Case

Citizens United and Corporate Speech

By: David Moss and Marc Campasano

The story of Citizens United began in late 2007, as leading members of the Republican and Democratic parties were preparing for the 2008 presidential primaries. Democrats expected a three-way contest in their party between Senator Barack Obama of Illinois, Senator (and... View Details

Keywords: Rights; Internet and the Web; Political Elections; Lawsuits and Litigation; Business and Government Relations

31 Aug 2017
News

Google And Microsoft Can Use Ai To Extract Many More Ad Dollars From Our Clicks

March 2010
Article

Information Content of Insider Trades before and after the Sarbanes-Oxley Act

By: Francois Brochet

This paper examines the information content of Form 4 filings under the more timely disclosure regime introduced by Section 403 of the Sarbanes-Oxley Act of 2002 (SOX). Abnormal returns and trading volumes around filings of insider stock purchases are significantly... View Details

Keywords: Stocks; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Government Legislation; Lawsuits and Litigation; Market Transactions; Volume; Sales

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June 2014
Supplement

Chung and Dasgupta: Information for Jordan Ramirez

By: Ian Larkin and Karen Huang

The "Promotion Process at Chung and Dasgupta, LLP" set of cases explores the roles of general and firm-specific human capital in employee performance measurement, feedback, and promotion/compensation decisions. In the cases, a leading law firm must decide whether to... View Details

Keywords: Performance Appraisal; Performance Measurement; Employee Feedback; Motivation; Promotions; Human Capital; Performance Evaluation; Management Systems; Compensation and Benefits; Retention; Legal Services Industry; United States; Massachusetts

June 2014
Supplement

Chung and Dasgupta: Information for Casey Clark

By: Ian Larkin and Karen Huang

The "Promotion Process at Chung and Dasgupta, LLP" set of cases explores the roles of general and firm-specific human capital in employee performance measurement, feedback, and promotion/compensation decisions. In the cases, a leading law firm must decide whether to... View Details

Keywords: Human Capital; Performance Evaluation; Management Systems; Compensation and Benefits; Retention; Legal Services Industry; United States; Massachusetts

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

2017
Working Paper

Tort Reform and Innovation

By: Alberto Galasso and Hong Luo

Current academic and policy debates focus on the impact of tort reforms on physicians’ behavior and medical costs. This paper examines whether these reforms also affect incentives to develop new technologies. We develop a theoretical model which predicts that the... View Details

Keywords: Lawsuits and Litigation; Laws and Statutes; Innovation and Invention; Medical Devices and Supplies Industry

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