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

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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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2018
Book

American Fair Trade: Proprietary Capitalism, Corporatism, and the 'New Competition,' 1890–1940

By: Laura Phillips Sawyer

American Fair Trade explores the contested political and legal meanings of the term fair trade from the late nineteenth century through the New Deal era. This history of American capitalism argues that business associations partnered with regulators to... View Details

Keywords: Economic Systems; Competition; Policy; Fairness; History; Governing Rules, Regulations, and Reforms; United States

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December 2018
Case

DraftKings and the Future of Fantasy Sports

By: Robert F. Higgins and Julia Kelley

Founded in 2012, DraftKings helped change the fantasy sports landscape by popularizing daily fantasy sports (DFS), or short-term fantasy sports tournaments that offered big cash prizes to winners. The company’s valuation exceeded $1 billion by 2015, but DraftKings soon... View Details

16 Apr 2013
Working Paper Summaries

The Auditing Oligopoly and Lobbying on Accounting Standards

Keywords: by Abigail M. Allen, Karthik Ramanna & Sugata Roychowdhury; Accounting; Banking

American Fair Trade: Proprietary Capitalism, Corporatism, and the 'New Competition,' 1890-1940

American Fair Trade explores the contested political and legal meanings of the term fair trade from the late nineteenth century through the New Deal era. This history of American capitalism argues that business associations partnered with... View Details

November 1994
Case

Dow Corning and the Breast Implant Controversy (A)

By: Willis M. Emmons III, Monica Brand and Greg Keller

In early 1994, Dow Corning Corp. debates whether to participate in a proposed $4.2 billion product liability settlement. Specifically, the firm must decide whether to contribute $2 billion to end a class action suit filed by women suffering from connective tissue... View Details

Keywords: Safety; Ethics; Health Disorders; Government Legislation; Crime and Corruption; Legal Liability; Risk and Uncertainty; Business Strategy; Communication Strategy; Lawsuits and Litigation; Beauty and Cosmetics Industry; Beauty and Cosmetics Industry

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

November 2004 (Revised June 2005)
Case

Mall of America (A)

By: Lynn S. Paine and Christopher Bruner

Explores fiduciary duty issues that arose in litigation among partners in the partnership that owned and controlled the Mall of America. Describes the complex real estate transaction in which one partner attempted to purchase an additional interest in the mall from a... View Details

Keywords: Ethics; Business Organization; Lawsuits and Litigation; Partners and Partnerships; Property; Investment; Retail Industry; United States

04 Mar 2015
News

Patent trolls: Why no one likes them

September 2019 (Revised May 2020)
Case

Keroche (A): Fighting for Share in the Kenyan Alcoholic Drinks Market

By: Ramon Casadesus-Masanell and Pippa Tubman Armerding

This case discusses the challenges faced by Kenyan alcoholic drinks producer Keroche Industries Limited in 2003, when the Kenyan government accused the company of manufacturing and selling substandard alcoholic drinks, revoked its liquor licenses, and shut down its... View Details

Keywords: Keroche; Alcohol; Wine; Manufacturing; Informal Market; Regulation; Illicit; Illegal; Shutdown; Factory; Low-income Consumers; Multinational; Local; Government; Allegations; Accusations; Negative Press; EABL; Tusker; Beer; SAB; Chang'aa; Naivasha; Rift Valley; East Africa; Lawsuit; Legal Battle; Business Ventures; Business Exit or Shutdown; Business Growth and Maturation; Business Startups; Production; Safety; Quality; Distribution; Small Business; Family Business; Crime and Corruption; Customer Focus and Relationships; Decisions; Income; Demographics; Geographic Scope; Geographic Location; Goods and Commodities; Government Legislation; Growth and Development; Business History; Lawsuits and Litigation; Laws and Statutes; Lawfulness; Goals and Objectives; Consumer Behavior; Market Entry and Exit; Problems and Challenges; Social Issues; Poverty; Strategy; Competition; Entrepreneurship; Manufacturing Industry; Food and Beverage Industry; Kenya; Nairobi; Africa

December 2019 (Revised December 2021)
Case

Negotiating for Equal Pay: The U.S. Women's National Soccer Team (A)

By: Christine Exley, John Beshears, Manuela Collis and Davis Heniford

In 2019, members of the U.S. Women's National Soccer Team (WNT) filed a gender discrimination lawsuit against the U.S. Soccer Federation. The case describes the history of the WNT's quest for equal pay leading up to this event. View Details

Keywords: Equal Pay; Negotiation; Compensation and Benefits; Equality and Inequality; Gender; Prejudice and Bias; Negotiation Tactics; Corporate Governance; Lawsuits and Litigation; Sports; Sports Industry; United States

November 2006 (Revised March 2007)
Case

Goodyear and the Threat of Government Tire Grading

By: Felix Oberholzer-Gee, Dennis A. Yao and Elizabeth Raabe

In the spring of 1977, Goodyear CEO Charles J. Pilliod Jr. was looking at an internal report on government and legal events relevant to the tire industry. Two items caught his attention. First, he noticed that an industry suit to block the government's proposed system... View Details

Keywords: Competitive Advantage; Lawsuits and Litigation; Auto Industry; Rubber Industry; United States

March 2019 (Revised June 2019)
Supplement

Gender and Free Speech at Google (C)

By: Nien-hê Hsieh and Sarah Mehta

This case reveals Google’s response to a list of employee demands aiming to combat sexual misconduct in the workplace. This case should accompany the (A) and (B) cases, “Gender and Free Speech at Google” (318-085) and (319-085). View Details

Keywords: Free Speech; Ethnicity; Gender; Race; Employees; Employee Relationship Management; Recruitment; Labor; Employment; Lawsuits and Litigation; Technology Industry; United States; California

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

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... 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

December 2022
Case

LIV Golf

By: Alexander J. MacKay

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 to compete with the PGA Tour, which was... View Details

Keywords: Anti-trust; Golf; ＂Sports Organizations,; Sports Management; Competition; Competition Policy; Strategy; Strategy And Leadership; Competitive Strategy; Sports; Sports Industry

Patent Trolls

We develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE litigation can reduce infringement and support small inventors.... View Details

March 2019
Supplement

Gender and Free Speech at Google (B)

By: Nien-hê Hsieh and Sarah Mehta

In November 2018, 20,000 Google employees participated in a walkout to protest the company’s decision to grant a $90 million exit package to a former executive accused of sexual misconduct. The case explores organizers’ demands and asks how the company’s senior leaders... View Details

Keywords: Free Speech; Ethnicity; Gender; Race; Employees; Employee Relationship Management; Recruitment; Labor; Employment; Lawsuits and Litigation; Technology Industry; United States; California

August 2010 (Revised March 2012)
Supplement

The Dow Acquisition of Rohm and Haas (D)

By: Jay W. Lorsch and Melissa Barton

Dow's board and management team worked on arranging appropriate financing to complete the acquisition of Rohm and Haas. Meanwhile, the board of Rohm and Haas filed suit against Dow after it delayed the completion of the acquisition. View Details

Keywords: Mergers and Acquisitions; Financing and Loans; Governing and Advisory Boards; Lawsuits and Litigation; Management Teams; Chemical Industry

January 1995 (Revised November 1995)
Case

Candela Laser vs. Cynosure, Inc.

By: Josh Lerner and Benjamin Conway

Summarizes the lawsuit by Candela Laser against its former CEO and founder, who has begun a competing firm. The extent of patent and trade secret protection are crucial issues. View Details

Keywords: Information Technology; Patents; Lawsuits and Litigation; Entrepreneurship

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