Legality - Publications - Faculty & Research - Harvard Business School

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September 2020
Case

Disrupting Justice at RightNow: Persevere, Pivot or Perish

By: Shikhar Ghosh and Amir Reza Rezvani

The case examines the focus of an early stage company, and how an unexpected external incidence can threaten or void the business model. It encompasses issues such as defining and pivoting a business model, organizational requirements for a pivot, investor relations,... View Details

Keywords: Legal Aspects Of Business; Startup; Teams; Pivot; Financing; Entrepreneurship; Law; Venture Capital; Business Startups; Financing and Loans; Business Model; Organizational Change and Adaptation; Legal Services Industry; Germany

June 2015
Article

The Organization of Enterprise in Japan

By: Tom Nicholas

Recent research reveals that the joint stock corporation was not a superior form of business organization in many countries historically. In Japan, however, it played a more fundamental role. Between 1896 and 1939 joint stock enterprises accounted for 44 percent of... View Details

Keywords: Japan; Legal Form; Enterprise; Modernization; Business Organization; Entrepreneurship; Japan

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November 2014
Case

Taryn Rose Launches Dresr: Street Marketing a Luxury Brand

By: Lena G. Goldberg, Marcel Saucet and Christine Snively

Serial entrepreneur and shoe designer Taryn Rose, M.D., prepared to launch a new e-commerce platform, Dresr, which would connect shoppers with tastemakers online. Dresr would bring the service element found in brick and mortar luxury stores into the online shopping... View Details

Keywords: E-commerce; Online Platforms; Online Marketing; Footwear; Legal Aspects Of Business; Street Marketing; Entrepreneurship; Internet and the Web; Luxury; Marketing Strategy; Digital Platforms; Legal Liability; Fashion Industry; Technology Industry

15 Feb 2024
HBS Seminar

John Coates, John F. Cogan, Jr. Professor of Law and Economics Deputy Dean Research Director, Center on the Legal Profession

Summer 2013
Article

Strategic Management of Intellectual Property: An Integrated Approach

By: William W. Fisher III and Felix Oberholzer-Gee

In many organizations, the R&D, strategy, and legal functions are poorly integrated. As a consequence, firms miss opportunities to create and exploit the value of intellectual property. Functional silos are one reason for the lack of integration. More important,... View Details

Keywords: Innovation Management; Strategic Management; Legal Aspects Of Business; Licensing; Law; Innovation and Management; Knowledge Management; Intellectual Property; Business Strategy

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December 2018
Case

Tiantong & Partners: Transforming Litigation Practice in China

By: Ashish Nanda and Lisa Rohrer

Jiang Yong founded Tiantong & Partners in 2002, seeking to radically improve the level of litigation-related services in China. By 2015, Tiantong was the premier Chinese litigation firm with the highest per lawyer revenues. The firm focused exclusively on high-stakes... View Details

Keywords: Law Firm; Law Firms; Growth; Legal Industry; Regulation; Professional Services; Law; Lawsuits and Litigation; Internet and the Web; Growth and Development; Strategy; Entrepreneurship; Decision Choices and Conditions; Legal Services Industry; China

August 2011 (Revised October 2015)
Case

Boardroom Battle Behind Bars: Gome Electrical Appliances Holdings—A Corporate Governance Drama

By: William C. Kirby and Tracy Yuen Manty

Despite widespread news of the incarceration of Gome Electronics' CEO, Huang Guangyu, Bain Capital felt they carefully undertook due diligence before making a significant investment in the company. The venture capital firm was confident that it and the current... View Details

Keywords: China; Legal Aspects Of Business; Corruption; Risk; Corporate Governance; Crime and Corruption; Power and Influence; Risk Management; Business and Shareholder Relations; Venture Capital; Ethics; Governing and Advisory Boards; Governing Rules, Regulations, and Reforms; Values and Beliefs; Private Equity; China

2014
Article

The Governance of Social Enterprises: Mission Drift and Accountability Challenges in Hybrid Organizations

By: Alnoor Ebrahim, Julie Battilana and Johanna Mair

We examine the challenges of governance facing organizations that pursue a social mission through the use of market mechanisms. These hybrid organizations, often referred to as social enterprises, combine aspects of both charity and business at their core. In this... View Details

Keywords: Governance; Hybrid Organizations; Nonprofit; Performance Measurement; Legal Form; Agency Theory; Stakeholder Management; Mission and Purpose; Social Enterprise; Corporate Accountability

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2017
Working Paper

Peer Effects on the United States Supreme Court

By: Matthew Lilley, Richard Holden and Michael Keane

Using data on essentially every US Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We consider both the impact of justice ideology and justice votes on the votes of their peers. To identify these peer effects we use two instruments.... View Details

Keywords: Supreme Court; Peer Effects; Voting Behavior; Legal System; Courts and Trials; Voting; Behavior

Fall 2021
Book Review

Book Review of Investment Treaties and the Legal Imagination: How Foreign Investors Play by Their Own Rules, by Nicolás M. Perrone. Oxford University Press, 2021.

By: Sabine Pitteloud

August 2023 (Revised February 2024)
Case

DexAI

By: Jo Tango and Christina Wallace

During a challenging fundraising environment, the DexAI founders received two term sheets with nearly identical economic terms but very different legal ones. The entrepreneurs had to navigate: representations and warranties (their personal guarantees that the company's... View Details

Keywords: Venture Capital Term Sheet; Term Sheet; Term Sheets; Founders; Legal Aspects Of Business; Seed Financing; Founders' Agreements; Venture Capital; Entrepreneurship; Financing and Loans; Intellectual Property; Entrepreneurial Finance; Contracts; Business Startups; Agreements and Arrangements

July–August 2016
Article

Minimum Advertised Pricing: Patterns of Violation in Competitive Retail Markets

By: Ayelet Israeli, Eric Anderson and Anne Coughlan

Manufacturers in many industries frequently use vertical price policies, such as minimum advertised price (MAP), to influence prices set by downstream retailers. Although manufacturers expect retail partners to comply with MAP policies, violations of MAP are common in... View Details

Keywords: Pricing Policies; Pricing; Channel Management; Legal Aspects Of Business; Price; Governance Compliance; Marketing Channels; Retail Industry

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June 2019
Case

Fangda Partners: A Step Ahead

By: Ashish Nanda and Lisa Rohrer

Elite Chinese law firm Fangda Partners has steered Alibaba and other Chinese and international clients through the complex legal, corporate, and regulatory challenges associated with executing international transactions. “Fangda has traveled a long distance in a short... View Details

Keywords: Law Firm; Law Firms; Growth; Legal Industry; Regulation; Professional Services; Law; Leadership; Growth and Development; Strategy; Governing Rules, Regulations, and Reforms; Legal Services Industry; China

September–October 2018
Article

Online MAP Enforcement: Evidence from a Quasi-Experiment

By: Ayelet Israeli

This paper investigates a manufacturer’s ability to influence compliance rates among its authorized online retailers by exploiting changes in the Minimum Advertised Price (MAP) policy and in dealer agreements. MAP is a pricing policy widely used by manufacturers to... View Details

Keywords: Pricing Policies; Pricing; Channel Management; Legal Aspects Of Business; Retail; Price; Policy; Governance Compliance; Distribution Channels; Management; Retail Industry

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2019
Working Paper

Second Chance: Life with Less Student Debt

By: Marco Di Maggio, Ankit Kalda and Vincent Yao

Rising student debt is considered one of the creeping threats of our time. This paper examines the effect of student debt relief on individual credit and labor market outcomes. We exploit the plausibly random debt discharge due to the inability of National Collegiate,... View Details

Keywords: Student Debt; Private Student Loans; Legal Settlement; Mobility; Debt Collection; Debt Relief; Borrowing and Debt; Personal Finance; Outcome or Result; United States

October 2023 (Revised January 2024)
Case

McDonald's Board of Directors (A)

By: Lynn S. Paine and Will Hurwitz

In October 2019, the McDonald’s Corporation board of directors, chaired by Enrique Hernandez, Jr., gathered to learn the results of their outside counsel’s investigation into the conduct of the CEO. On the surface, the iconic fast-food chain was thriving as growing... View Details

July 2015 (Revised September 2017)
Case

Ron Johnson: A Career in Retail

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

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 innovation and success in shaping the retail image at Target and Apple, introduced dramatic departures... View Details

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

February 2012 (Revised October 2012)
Background Note

A Glossary of Technical Terms Related to Bankruptcy in the U.S.

By: Carliss Y. Baldwin, Jim Sharpe and Ravi Mehta

Quick reference guide of various terms related to the United States Bankruptcy Code. View Details

Keywords: Bankruptcy; Financial Crisis; Financial Distress; Turnarounds; Legal Aspects Of Business; Crisis Management; Insolvency and Bankruptcy; Finance; Law; United States

Forthcoming
Article

Second Chance: Life with Less Student Debt

By: Marco Di Maggio, Ankit Kalda and Vincent Yao

This paper examines the effect of student debt relief on individual credit and labor market outcomes. We exploit an episode of plausibly random debt discharge due to the loss of paperwork for thousands of borrowers to examine the effects of private student debt relief... View Details

Keywords: Student Debt; Private Student Loans; Legal Settlement; Mobility; Debt Collection; Debt Relief; Personal Finance; Borrowing and Debt; Outcome or Result

July 2018
Teaching Note

Ron Johnson: A Career in Retail

By: Ryan Raffaelli

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 innovation and success in shaping the retail image at Target and Apple, introduced dramatic departures... 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

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