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      • December 2003 (Revised August 2006)
      • Background Note

      Grutter v. Bollinger: A Synopsis

      By: Lynn S. Paine
      In June 2003, the U.S. Supreme Court announced its decision in Grutter v. Bollinger, upholding the principle of affirmative action in university admissions, which had been challenged as a violation of the U.S. Constitution's Fourteenth Amendment. This case includes... View Details
      Keywords: Lawsuits and Litigation
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      Paine, Lynn S. "Grutter v. Bollinger: A Synopsis." Harvard Business School Background Note 304-065, December 2003. (Revised August 2006.)
      • December 2003 (Revised November 2015)
      • Background Note

      The Fiduciary Relationship: A Legal Perspective

      By: Lynn Sharp Paine
      Discusses the concept of a fiduciary, as developed in the Anglo-American common law tradition, and outlines the principal differences between the legal standard applied to fiduciaries compared to ordinary arms'-length contractors. View Details
      Keywords: Ethics; Assets; Financial Management; Common Law; Standards
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      Paine, Lynn Sharp. "The Fiduciary Relationship: A Legal Perspective." Harvard Business School Background Note 304-064, December 2003. (Revised November 2015.)
      • December 2003 (Revised October 2005)
      • Case

      High-Definition TV: The Grand Alliance

      By: Thomas R. Eisenmann
      Describes political and economic forces that influenced the development of an all-digital, high-definition television (HDTV) standard in the United States between 1986 and 1996. Outlines the stakes for various government and industry participants in the... View Details
      Keywords: Decision Choices and Conditions; Investment; Policy; Management Practices and Processes; Emerging Markets; Standards; Business and Government Relations; Networks; Research and Development; Technology Adoption; Entertainment and Recreation Industry; Entertainment and Recreation Industry; Japan; Europe; United States
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      Eisenmann, Thomas R. "High-Definition TV: The Grand Alliance." Harvard Business School Case 804-103, December 2003. (Revised October 2005.)
      • November 2003 (Revised September 2016)
      • Case

      Creating Global Oil, 1900-1935

      By: Geoffrey G. Jones and Daniel Wadhwani
      Taught in the elective MBA course entitled The Evolution of Global Business. Examines the development of an international cartel in the oil industry in the 1920s and 1930s. Focuses on the decisions and actions of the leading multinational oil companies—particularly... View Details
      Keywords: History; Competition; Multinational Firms and Management; Alliances; Cooperation; Business and Government Relations; Energy Industry
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      Jones, Geoffrey G., and Daniel Wadhwani. "Creating Global Oil, 1900-1935." Harvard Business School Case 804-089, November 2003. (Revised September 2016.)
      • September 2003 (Revised February 2005)
      • Case

      Analyst Conflicts (A): Resolved?

      By: Ashish Nanda
      This case tracks the events leading to the April 2003 industry settlement on equity research in financial services companies. View Details
      Keywords: Conflict of Interests; Law; Negotiation Deal; Financial Services Industry
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      Nanda, Ashish. "Analyst Conflicts (A): Resolved?" Harvard Business School Case 904-021, September 2003. (Revised February 2005.)
      • August 2003 (Revised August 2006)
      • Case

      HealthSouth Corporation

      By: Regina E. Herzlinger and Ivan Cheung
      Delineates how a for-profit health services business was created. Focuses on sources of financing, the impact of Medicare reimbursement, and Stark laws against fraud and abuse. View Details
      Keywords: Business Ventures; Finance; Health Care and Treatment; Law; Rights; Health Industry
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      Herzlinger, Regina E., and Ivan Cheung. "HealthSouth Corporation." Harvard Business School Case 304-006, August 2003. (Revised August 2006.)
      • August 2003 (Revised January 2013)
      • Case

      Multinational Corporations in Apartheid-era South Africa: The Issue of Reparations

      By: Geoffrey Jones and Cate Reavis
      Considers the lawsuits filed on behalf of victims of apartheid against multinationals who operated in South Africa prior to 1994. Reviews the debates about divestment from and sanctions against South Africa from the 1950s. Includes case studies of companies that... View Details
      Keywords: Ethics; Multinational Firms and Management; Government Legislation; Lawsuits and Litigation; Business and Government Relations; Prejudice and Bias; South Africa
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      Jones, Geoffrey, and Cate Reavis. "Multinational Corporations in Apartheid-era South Africa: The Issue of Reparations." Harvard Business School Case 804-027, August 2003. (Revised January 2013.)
      • July 2003 (Revised September 2003)
      • Case

      Refinancing of Shanghai General Motors (A), The

      By: Mihir A. Desai and Mark Veblen
      The CFO of General Motors' joint venture in Shanghai, Shanghai General Motors (SGM), wants to refinance almost $900 million of project finance it raised to begin operations. The highest priority is improving the terms of the financing with regard to costs and specific... View Details
      Keywords: Business Subsidiaries; Multinational Firms and Management; Joint Ventures; Financing and Loans; Auto Industry; Shanghai
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      Desai, Mihir A., and Mark Veblen. "Refinancing of Shanghai General Motors (A), The." Harvard Business School Case 204-031, July 2003. (Revised September 2003.)
      • July 2003 (Revised September 2003)
      • Case

      Refinancing of Shanghai General Motors (B), The

      By: Mihir A. Desai and Mark Veblen
      This case provides the outcome to "The Refinancing of Shanghai General Motors (A)" in which the CFO of General Motors' joint venture in Shanghai, Shanghai General Motors (SGM), wants to refinance almost $900 million of project finance it raised to begin operations. The... View Details
      Keywords: Business Subsidiaries; Multinational Firms and Management; Joint Ventures; Financing and Loans; Auto Industry; Shanghai
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      Desai, Mihir A., and Mark Veblen. "Refinancing of Shanghai General Motors (B), The." Harvard Business School Case 204-025, July 2003. (Revised September 2003.)
      • July 2003
      • Background Note

      Expropriation in International Business

      By: Geoffrey G. Jones and Meghan Gallagher-Kernstine
      Covers several important expropriation cases in international business from the 20th century and highlights the legal and political difficulties these companies faced. Serves to explain expropriation, to stress the vulnerability of foreign direct investments to... View Details
      Keywords: Foreign Direct Investment; Global Strategy; Government and Politics; Common Law; Risk Management; Property; Risk and Uncertainty
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      Jones, Geoffrey G., and Meghan Gallagher-Kernstine. "Expropriation in International Business." Harvard Business School Background Note 804-020, July 2003.
      • July 2003 (Revised February 2004)
      • Background Note

      M&A Legal Context: Standards Related to the Sale or Purchase of a Company

      By: Carliss Y. Baldwin, Constance E. Bagley and James Quinn
      Introduces students to the legal standards affecting officers and directors when selling or purchasing a company. Provides a practical understanding of the Revlon Standard, the Securities and Exchange Act of 1934, Rule 10b-5, and the legal criteria for a cause of... View Details
      Keywords: Laws and Statutes; Law Enforcement; Government Legislation; Acquisition; Business Exit or Shutdown; Corporate Governance; Going Public; Courts and Trials
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      Baldwin, Carliss Y., Constance E. Bagley, and James Quinn. "M&A Legal Context: Standards Related to the Sale or Purchase of a Company." Harvard Business School Background Note 904-004, July 2003. (Revised February 2004.)
      • July 2003 (Revised February 2004)
      • Background Note

      M&A Legal Context: Hostile Takeovers

      By: Carliss Y. Baldwin, Constance E. Bagley and James Quinn
      Introduces students to the main tactical maneuvers used by hostile bidders, including bear hugs, proxy fights, tender offers, and toeholds. Also describes how, in the United States, tender offers are regulated by the federal government via the Williams Act. View Details
      Keywords: Acquisition; Cash; Governing Rules, Regulations, and Reforms; Code Law; Bids and Bidding; United States
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      Baldwin, Carliss Y., Constance E. Bagley, and James Quinn. "M&A Legal Context: Hostile Takeovers." Harvard Business School Background Note 904-005, July 2003. (Revised February 2004.)
      • summer 2003
      • Article

      Ownership and Control Rights in Internet Portal Alliances, 1995-1999

      By: Daniel W. Elfenbein and Josh Lerner
      Keywords: Ownership; Rights; Internet and the Web; Alliances
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      Elfenbein, Daniel W., and Josh Lerner. "Ownership and Control Rights in Internet Portal Alliances, 1995-1999." RAND Journal of Economics 34, no. 2 (summer 2003).
      • summer 2003
      • Article

      Patents, Invalidity, and the Strategic Transmission of Enabling Information

      By: James J. Anton and Dennis A. Yao
      The patent system encourages innovation and knowledge disclosure by providing exclusivity to inventors. Exclusivity is limited, however, because a substantial fraction of patents have some probability of being ruled invalid when challenged in court. The possibility of... View Details
      Keywords: System; Innovation and Invention; Knowledge Dissemination; Courts and Trials; Competition; Patents; Corporate Disclosure
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      Anton, James J., and Dennis A. Yao. "Patents, Invalidity, and the Strategic Transmission of Enabling Information." Journal of Economics & Management Strategy 12, no. 2 (summer 2003): 151–178. (Harvard users click here for full text.)
      • May 2003
      • Teaching Note

      Performance Indicator (TN)

      By: Kenneth S. Corts and Jan W. Rivkin
      Teaching Note for (9-702-480). View Details
      Keywords: Rights; Patents; Information Technology; Market Design; Sales; Business Startups
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      Corts, Kenneth S., and Jan W. Rivkin. "Performance Indicator (TN)." Harvard Business School Teaching Note 703-456, May 2003.
      • March 2003
      • Case

      Investing in Japan

      By: Peter A. Hecht and Luis M. Viceira
      The evolution of the macroeconomic environment, capital markets, financial institutions (including banks, public and private pension funds, and mutual funds), and financial regulation in Japan during the period 1980 to 2002, are examined long-term demographic... View Details
      Keywords: Capital Markets; Investment; Financial Institutions; Macroeconomics; Japan
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      Hecht, Peter A., and Luis M. Viceira. "Investing in Japan." Harvard Business School Case 203-036, March 2003.
      • 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
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      Baldwin, Carliss Y., and James Quinn. "Northrop versus TRW." Harvard Business School Case 903-115, March 2003. (Revised January 2008.)
      • March 2003 (Revised March 2011)
      • Background Note

      A Note on Antitrust and Competitive Tactics

      By: Dennis A. Yao
      Provides an overview of antitrust law as it relates to competitive strategy. Discusses the problem of managing antitrust risk and provides a guide to business actions that pose antitrust risk. View Details
      Keywords: Laws and Statutes; Risk Management; Monopoly; Business and Government Relations; Competitive Strategy
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      Yao, Dennis A. "A Note on Antitrust and Competitive Tactics." Harvard Business School Background Note 703-493, March 2003. (Revised March 2011.)
      • March 2003
      • Article

      Creditor Rights, Enforcement, and Debt Ownership Structure: Evidence from the Global Syndicated Loan Market

      By: Benjamin C. Esty and William L. Megginson
      Keywords: Rights; Borrowing and Debt; Ownership; Markets; Global Range; Financing and Loans
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      Esty, Benjamin C., and William L. Megginson. "Creditor Rights, Enforcement, and Debt Ownership Structure: Evidence from the Global Syndicated Loan Market." Journal of Financial and Quantitative Analysis 38, no. 1 (March 2003): 37–59.
      • Article

      The Growing Strategic Importance of End-of-Life Product Management

      By: Michael W. Toffel
      Requiring manufacturers to manage the their products when they become waste is an innovative form of regulation, one that has been adopted by countries in Asia, Europe, and North America on a variety of products that range from vehicles to appliances to batteries.... View Details
      Keywords: Product; Environmental Sustainability; Cost Management; Wastes and Waste Processing; Strategy; Governing Rules, Regulations, and Reforms; Manufacturing Industry; Asia; Europe; North and Central America
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      Toffel, Michael W. "The Growing Strategic Importance of End-of-Life Product Management." California Management Review 45, no. 3 (Spring 2003): 102–129.
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