Publications

SSRN

December 2016
Supplement

Ron Johnson: A Career in Retail

By: Ryan Raffaelli, Joshua D. Margolis and Das Narayandas

This is a video supplement, to be used when teaching the Ron Johnson case. See abstract:

In April 2013, Ron Johnson (HBS '84) stepped down after just 18 months as CEO of J.C. Penney. In his brief tenure, Johnson, an acclaimed retailer respected for his... View Details

Keywords: Leadership; Leadership Development; Legal Industry; Procurement; Professional Service Firms; Pricing; Competition; Organizational Behavior; Change Management; Innovation Leadership; Situation or Environment; Failure; Management Teams; Brands and Branding; Retail Industry; United States

November 2006 (Revised August 2012)
Background Note

A Strategic Perspective on Bankruptcy

By: Bill George, Jim Sharpe and Andrew N. McLean

An overview of bankruptcy procedures in U.S. courts, recent filing data and a framework for evaluating a reorganization with creditors or considering opening a court-supervised reorganization under Chapter 11 of the Bankruptcy Code. View Details

Keywords: Bankruptcy; Financial Distress; Turnarounds; Legal Aspects Of Business; Liquidation; Boards Of Directors; Hedge Funds; Strategy; Law; Governing and Advisory Boards; Negotiation; Crisis Management; Policy; Insolvency and Bankruptcy; Credit; Financial Crisis; United States

2016
Working Paper

Who Pays for White-Collar Crime?

By: Paul Healy and George Serafeim

Using a proprietary dataset of 667 companies around the world that experienced white-collar crime, we investigate what drives punishment of perpetrators of crime. We find a significantly lower propensity to punish crime in our sample, where most crimes are not reported... View Details

Keywords: Crime; Gender Bias; Women; Women Executives; Corruption; Legal Aspects Of Business; Firing; Human Capital; Human Resource Management; Prejudice and Bias; Crime and Corruption; Judgments; Law Enforcement; Human Resources; Corporate Governance; Gender

SSRN

Read Now

12 Dec 2005
Research & Ideas

Using the Law to Strategic Advantage

Most managers think the legal department is that office down the hall where they go to keep out of trouble or write a binding patent agreement. And that's shortsighted, says Harvard Business School professor Constance Bagley. A company... View Details

Keywords: by Sean Silverthorne; Legal Services

24 Apr 2023
HBS Case

What Does It Take to Build as Much Buzz as Booze? Inside the Epic Challenge of Cannabis-Infused Drinks

Legalization turned cannabis into a multibillion-dollar industry seemingly overnight, but this hot new market has had more—and more unusual—growing pains than most. Many experts predict significant market expansion ahead as more states... View Details

Keywords: by Jay Fitzgerald; Consumer Products; Food & Beverage

18 Jan 2022
Research & Ideas

How Eliminating Non-Competes Could Reshape Tech

Federal restrictions of employee non-compete agreements could be in the cards for 2022, paving the way for increased worker mobility in a variety of industries. Such restrictions would have hiring and strategy implications for businesses as well, but not all of them... View Details

Keywords: by Kristen Senz; Technology

04 Jan 2022
What Do You Think?

Firing McDonald’s Easterbrook: What Could the Board Have Done Differently?

legal dispute and negative publicity at a precarious time. Employee sexual harassment allegations at McDonald’s were reaching the media along with efforts to get McDonald’s and its franchisees to raise starting pay to $15 per hour. The... View Details

Keywords: by James Heskett

March 2024 (Revised June 2024)
Case

Governing OpenAI (A)

By: Lynn S. Paine, Suraj Srinivasan and Will Hurwitz

In late November 2023, OpenAI’s new board of directors took stock of the situation. The company, which sought to develop artificial general intelligence (AGI)—computer systems with capabilities exceeding human abilities—was looking to regain its footing after a chaotic... View Details

December 2008 (Revised March 2017)
Case

Clutch Group - Should Abhi Shah Grab This Opportunity?

By: Daniel J. Isenberg

Abhi Shah ('06) co-founding CEO of Clutch Group in the US and Bangalore, must decide whether to risk a law suit by recruiting an entire legal services team from a large US corporation. His decision and how he implements it will have a dramatic impact on the legal... View Details

Keywords: Decisions; Lawsuits and Litigation; Business Startups; Legal Services Industry; Bangalore; United States

March 2006 (Revised March 2007)
Background Note

Winning Legally: Using the Law to Create Value, Marshal Resources, and Manage Risk

Describes the four components of legal astuteness: the attitudes, proactive approach, judgment, and knowledge necessary to manage the legal aspects of business effectively. Identifies a number of legal tools legally astute managers can use during different phases of... View Details

Keywords: Management; Law; Business Strategy

Article

On the Optimal Structure of Liability Laws

By: Jerry R. Green

We consider the control of tvo-party accidents through the use of liability rules that assign damages according to whether or not predetermined standards for care have been met. Particular emphasis is given to how the differential in the costs of accident avoidance... View Details

Keywords: Legal Liability; Law

Read Now

Research Summary

Research Interests

Research interests include: governance of closely-held firms; legal aspects of entrepreneurship; and legal aspects of management. View Details

January 2007 (Revised April 2007)
Background Note

Note on Lobbying

By: Felix Oberholzer-Gee, Libby Cantrill and Patricia Wu

Describes how companies engage the political and legal system and the rules and ethics associated with doing so. Focuses on the U.S. political and legal system, but also seeks to familiarize readers with lobbying norms and structures in the European Union and Japan. View Details

Keywords: Business and Government Relations; Ethics; Labor Unions; Legal Services Industry; Legal Services Industry; United States; Japan; European Union

January 2021 (Revised October 2024)
Case

Aptiv PLC Board of Directors (A)

By: Lynn S. Paine and Will Hurwitz

Aptiv’s board must decide whether a joint venture with an auto maker is the right next step in the company’s efforts to develop and commercialize a production-ready autonomous driving system. While many commentators believed that Aptiv’s self-driving technologies had... View Details

15 Aug 2018
Book

Why Entrepreneurs Must Focus on Building Trust

Keywords: by Dina Gerdeman

March 2020 (Revised March 2022)
Case

Wachtell Lipton: Focused Excellence

By: Ashish Nanda and Margaret Cross

For years, Wachtell, Lipton, Rosen & Katz—a small, New York City law firm—has consistently boasted the highest profits per partner and one of the highest “prestige” ratings among U.S.-based law firms. The firm has remained loyal to a distinctive strategy ever since its... View Details

Keywords: Strategy; Law; Mergers and Acquisitions; Legal Services Industry; New York (city, NY)

17 Jan 2023
Book

Good Companies Commit Crimes, But Great Leaders Can Prevent Them

In a fraught ethics and legal climate, leaders need to know how to steer clear of trouble more than ever. Corporate Criminal Investigations and Prosecutions, released in September, offers a comprehensive resource on everything from the... View Details

Keywords: by Lane Lambert

October 1987 (Revised October 1998)
Case

CVD, Inc. vs. A.S. Markham Corp. (A)

Describes the legal odyssey of two engineers who left their old employer to start a company that was directly competitive. The issues include employment contracts, technology licenses, antitrust, trade secrets, and confidential information. Provides a good opportunity... View Details

Keywords: Business Strategy; Human Resources; Contracts; Knowledge Use and Leverage; Intellectual Property; Ethics; Legal Liability; Business Startups; Monopoly

September 2019 (Revised December 2023)
Case

Accounting Fraud at Tesco Stores (A)

By: Jonas Heese, Suraj Srinivasan and Julia Kelley

This case describes the accounting fraud at Tesco Stores Limited (TSL), which was discovered by a senior accountant in TSL’s finance department. The accountant was concerned about TSL’s handling of commercial income, which, according to the accountant, overstated... View Details

Keywords: Accounting; Crime and Corruption; Organizational Culture; Corporate Accountability