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May 2011 (Revised June 2011)
Case

The Crisis at Tyco - A Director's Perspective

By: Suraj Srinivasan and Aldo Sesia

In 2002, Wendy Lane had been a member of the board of directors at Tyco International a little more than a year when the company's CEO Dennis Kozlowski and other top executives were accused of fraud, which ultimately led to resignations, imprisonments, lawsuits, and... View Details

Keywords: Management Teams; Reputation; Governing and Advisory Boards; Crisis Management; Accounting Audits; Problems and Challenges; Risk Management; Finance; Managerial Roles; Lawsuits and Litigation; Service Industry; United States

June 2012 (Revised August 2012)
Case

MF Global: Where's the Money?

By: Clayton S. Rose, Pamela Chan and Raghav Chopra

When MF Global failed in October of 2011, it was discovered that $1.6 billion of segregated customer assets was missing. Safeguarding these assets was the firm's responsibility, and in the words of one SEC official, its "sacred obligation." What is known about the... View Details

Keywords: Financial Firms; Customer Obligations; Bankruptcy; Regulation; Financial Crisis; Brokerage; Asset Management; Ethics; Governing Rules, Regulations, and Reforms; Financial Management; Crisis Management; Insolvency and Bankruptcy; Financial Services Industry

May 2020
Teaching Note

Kraft Heinz: The $8 Billion Brand Write-Down

Teaching Note for HBS Case No. 519-076. On Friday, February 22, 2019, following an unexpected and disappointing earnings report, The Kraft Heinz Company’s stock price fell 27%, wiping out $16 billion in market value. CEO Bernardo Hees had announced that the company had... View Details

Keywords: Marketing; Marketing Strategy; Brands and Branding; Consumer Products Industry; Food and Beverage Industry; United States

February 2010
Supplement

Lending Club case exhibits (CW)

By: Peter Tufano

A new entrant in the nascent online peer lending space, Lending Club must decide whether or not to register with the SEC. Lending Club provided a platform through which individual borrowers could receive loans funded by individuals who chose to invest in them. The... View Details

Keywords: Internet and the Web; Financing and Loans

February 2010 (Revised December 2010)
Case

Lending Club

By: Peter Tufano

A new entrant in the nascent online peer lending space, Lending Club must decide whether or not to register with the SEC. Lending Club provided a platform through which individual borrowers could receive loans funded by individuals who chose to invest in them. The... View Details

Keywords: Financial Instruments; Price; Personal Finance; Financing and Loans; Financial Services Industry

December 2019
Case

WeWork Files for an IPO

By: Lynn S. Paine and Will Hurwitz

For the board of The We Company—better known as WeWork—August 14, 2019, promised to be a pivotal day. It was then that WeWork’s IPO prospectus, known as an S-1 filing, would be made public, giving potential investors, the media, and the general public a window into the... View Details

Keywords: Capital Structure; Corporate Accountability; Corporate Governance; Going Public; Leadership; Management; Private Equity; Valuation; Venture Capital; Real Estate Industry; Technology Industry; United States

April 2015 (Revised July 2015)
Case

Proxy Access at Whole Foods

By: Jay Lorsch and Emily McTague

Proxy access grants shareholders meeting certain ownership requirements the right to nominate directors for election to the board without going through a typical proxy contest. In August 2010 the SEC approved a rule granting proxy access for shareholders meeting... View Details

Keywords: Board Of Directors; Proxy Advisor; Shareholder Activism; Shareholder Voting; Shareholder Votes; Proxy Battle; Institutional Change; Institutional Investing; Business and Shareholder Relations; Food and Beverage Industry; North America

March 2014 (Revised January 2015)
Case

Prodigy Network: Democratizing Real Estate Design and Financing

By: Karim R. Lakhani, Katja Hutter and Greta Friar

This case follows Rodrigo Nino, founder and CEO of commercial real estate development company Prodigy Network, as he develops an equity-based crowdfunding model for small investors to access commercial real estate in Colombia, then tries out the model in the U.S. U.S.... View Details

March 2009
Article

The Impact of Shareholder Activism on Financial Reporting and Compensation: The Case of Employee Stock Options Expensing

By: F. Ferri and Tatiana Sandino

We examine the economic consequences of more than 150 shareholder proposals to expense employee stock options (ESO) submitted during the proxy seasons of 2003 and 2004, the first case in which the SEC allowed a shareholder vote on an accounting matter. Our results... View Details

Keywords: Shareholder Activism; Shareholder Votes; Stock Option Expensing; Executive Compensation; Financial Reporting; Employee Stock Ownership Plan; Corporate Governance; Business and Shareholder Relations; Investment Activism

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July 2001 (Revised October 2001)
Case

Policy Management Systems Corp.: The Financial Reporting Crisis

Tim Williams, the new CFO of a publicly-traded enterprise software company, attempts to rebuild his company's reputation for reliable financial reporting following a highly visible financial reporting crisis. The crisis begins with an earnings shortfall warning, which... View Details

Keywords: Accrual Accounting; Revenue Recognition; Capital Markets; Policy; Corporate Governance; Accounting Audits; Technology Industry

May 2011
Article

Institutional Stock Trading on Loan Market Information

By: Victoria Ivashina and Zheng Sun

Over the past decade, one of the most important developments in the corporate loan market has been the increasing participation of institutional investors in lending syndicates. As lenders, institutional investors routinely receive private information about borrowers.... View Details

Keywords: Stocks; Financing and Loans; Negotiation; Investment Portfolio; Investment Return

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Forthcoming
Article

The Political Economy of Anti-Bribery Enforcement

By: Lauren Cohen and Bo Li

Using exogenous variation in the timing and geographic location of U.S. Congressional elections, we find that the probability of Foreign Corrupt Practices Act (FCPA) enforcement actions against foreign firms increases significantly preceding senatorial elections,... View Details

Keywords: Bribery; Regulatory Enforcement; Crime and Corruption; Political Elections; Power and Influence; Public Opinion; Geographic Location

John F. Batter

John Batter is a retired Litigation Partner in the Boston Office of Wilmer Cutler Pickering Hale and Dorr LLP where his practice focussed on on the defense of public and private companies and their directors and management against breach of fiduciary duty claims and... View Details

2007
Working Paper

The Impact of Shareholder Activism on Financial Reporting and Compensation: The Case of Employee Stock Options Expensing

By: Fabrizio Ferri and Tatiana Sandino

In this paper we examine the economic consequences of over 150 shareholder proposals to expense employee stock options (ESO) submitted during the proxy seasons of 2003 and 2004–the first case where the SEC has allowed an accounting matter to be subject to an advisory... View Details

Keywords: Executive Compensation; Financial Reporting; Employee Stock Ownership Plan; Corporate Governance; Investment Activism; Business and Shareholder Relations

Divestment or Engagement? New Research on Innovation in the Energy Sector

Why you should watch: A new and important NBER working paper, by Cohen, Gurun and Nguyen, takes a long hard look at innovation in the energy industry - and concludes that divestment campaigns targeted at fossil fuel companies may not just be ineffective.... View Details

March 2015
Case

Statoil: Transparency on Payments to Governments

By: George Serafeim

The Statoil case describes the challenge of increasing transparency, in extractive industries, around host county government payments. The case describes Statoil's reasoning behind voluntarily disclosing host country government payments, and the events that led to this... View Details

Keywords: Corruption; Disclosure; Disclosure Strategy; Regulation; Industry Self-regulation; Corporate Governance; Corporate Accountability; Bribery; Sustainability; Corporate Social Responsibility; Government Legislation; Cost vs Benefits; Corporate Disclosure; Mining; Mining Industry; United States

February 2017 (Revised June 2017)
Case

ExxonMobil: Business as Usual? (A)

By: George Serafeim, Shiva Rajgopal and David Freiberg

Climate change was becoming an important societal and business issue as more governments were introducing climate change related regulations and investors became increasibly worried about stranded assets within oil and gas firms. In September 2016, the U.S. Securities... View Details

Keywords: Oil ＆ Gas; Oil Prices; Oil Companies; Asset Impairment; Predictive Analytics; Sustainability; Environmental Impact; Innovation; Disclosure; Accounting; Valuation; Climate Change; Renewable Energy; Environmental Sustainability; Financial Reporting; Energy Industry

25 Apr 2017
First Look

First Look at New Research, April 25

to end innovators nor of a positive impact of NPEs on innovation in the industries in which they are most prevalent. Download working paper: https://www.hbs.edu/faculty/Pages/item.aspx?num=47648 Is the SEC Captured? Evidence from... View Details

Keywords: Sean Silverthorne

March 5, 2022
Article

Hospital Capacity Shortages: An SEC-Backed Transparency “PULL” Will Open Beds Faster Than a “PUSH” by HHS

By: Regina E. Herzlinger

In the new normal of ongoing pandemics, hospital bed shortages will continue. Healthcare innovation expert and author of the upcoming book Innovating in Healthcare: Creating Breakthrough Services, Products, and Business Models (Wiley, 2023, 978-1119543008), HBS... View Details

Keywords: Hospital Capacity; Access To Care; Health Pandemics; Health Care and Treatment; Performance Capacity; Planning

Regina E. Herzlinger

Regina E. Herzlinger is the Nancy R. McPherson Professor of Business Administration at the Harvard Business School. She was the first woman to be tenured and chaired at Harvard Business School and serve on many established and start-up corporate health care/medical... View Details

Keywords: health care; insurance industry; medical devices; retailing; digital health

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