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      • 2022
      • Article

      Pills in a World of Activism and ESG

      By: Guhan Subramanian and Caley Petrucci
      Easterbrook and Fischel’s The Economic Structure of Corporate Law advances their now famous passivity thesis, which posits that managers should remain passive in the face of an unsolicited tender offer for the company’s shares. Consistent with the broader... View Details
      Keywords: Investment Activism; Governance Controls; Business and Shareholder Relations
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      Subramanian, Guhan, and Caley Petrucci. "Pills in a World of Activism and ESG." University of Chicago Business Law Review 1 (2022): 417–439.
      • 2022
      • Working Paper

      Regulatory Incentives for Innovation: The FDA's Breakthrough Therapy Designation

      By: Amitabh Chandra, Jennifer Kao, Kathleen Miller and Ariel D. Stern
      Regulators of new products confront a tradeoff between speeding a new product to market and collecting additional product quality information. The FDA’s Breakthrough Therapy Designation (BTD) provides an opportunity to understand if a regulator can use new policy to... View Details
      Keywords: Research and Development; Governing Rules, Regulations, and Reforms; Product Development
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      Chandra, Amitabh, Jennifer Kao, Kathleen Miller, and Ariel D. Stern. "Regulatory Incentives for Innovation: The FDA's Breakthrough Therapy Designation." NBER Working Paper Series, No. 30712, December 2022.
      • November 2022 (Revised March 2023)
      • Case

      OneSmart

      By: Nien-he Hsieh, Meg Rithmire and Shu Lin
      At the end of 2021, Xi “Steve” Zhang was facing an existential crisis for himself and his business. OneSmart was a premium educational company founded in 2008 offering K-12 afterschool tutoring for students nationwide under a number of brands. The company was founded... View Details
      Keywords: Governing Rules, Regulations, and Reforms; Crisis Management; Failure; Education Industry; China
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      Hsieh, Nien-he, Meg Rithmire, and Shu Lin. "OneSmart." Harvard Business School Case 723-017, November 2022. (Revised March 2023.)
      • November 2022 (Revised March 2024)
      • Case

      Replika AI: Monetizing a Chatbot

      By: Julian De Freitas and Nicole Tempest Keller
      In early 2018, Eugenia Kuyda, co-founder and CEO of San Francisco-based chatbot Replika AI, was deciding how to monetize the app she had built. Launched in 2017, Replika was a consumer AI “companion app” developed by a team of AI software engineers originally based in... View Details
      Keywords: Mental Health; Subscriber Models; TAM; Monetization Strategy; Marketing Strategy; Product Marketing; AI and Machine Learning; Applications and Software; Product Positioning; Health Disorders; Technology Industry
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      De Freitas, Julian, and Nicole Tempest Keller. "Replika AI: Monetizing a Chatbot." Harvard Business School Case 523-016, November 2022. (Revised March 2024.)
      • November 2022 (Revised March 2023)
      • Supplement

      JUUL and the Vaping Revolution: A 2022 Update

      By: Michael W. Toffel and Sarah Mehta
      This slide deck provides a brief update (2019-2022) on the rise and fall of JUUL Labs, the maker of the popular JUUL e-cigarette. View Details
      Keywords: Electronic Cigarettes; E-Cigarettes; Vaping; Nicotine Replacement; JUUL; Juuling; Government Regulation; Advertising; Advertising Campaigns; Digital Marketing; Customers; Innovation and Invention; Innovation Strategy; Marketing; Ethics; Brands and Branding; Marketing Communications; Marketing Strategy; Product Marketing; Corporate Social Responsibility and Impact; Social Issues; Technology Industry; California
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      Toffel, Michael W., and Sarah Mehta. "JUUL and the Vaping Revolution: A 2022 Update." Harvard Business School PowerPoint Supplement 623-012, November 2022. (Revised March 2023.)
      • November 2022 (Revised March 2023)
      • Supplement

      JUUL and the Vaping Revolution: A 2022 Update

      By: Michael W. Toffel and Sarah Mehta
      This case provides a brief update (2019-2022) on the rise and fall of JUUL Labs, the maker of the popular JUUL e-cigarette. View Details
      Keywords: Electronic Cigarettes; E-Cigarettes; Vaping; Nicotine Replacement; JUUL; Juuling; Government Regulation; Advertising; Advertising Campaigns; Digital Marketing; Customers; Innovation and Invention; Innovation Strategy; Marketing; Ethics; Brands and Branding; Marketing Communications; Marketing Strategy; Product Marketing; Corporate Social Responsibility and Impact; Social Issues; Technology Industry; California
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      Toffel, Michael W., and Sarah Mehta. "JUUL and the Vaping Revolution: A 2022 Update." Harvard Business School Supplement 623-011, November 2022. (Revised March 2023.)
      • November 2022
      • Case

      Wendy Estrella: Scaling Multiple Businesses

      By: Jeffrey J. Bussgang and Sarah Mehta
      Entrepreneur Wendy Estrella, a self-made, Latina millionaire based in Lawrence, Massachusetts, is attempting to simultaneously scale her law practice as well as her property management and development company. What path should she take for each and can she do it all,... View Details
      Keywords: Business Ventures; Change; Competency and Skills; Decision Making; Demographics; Entrepreneurship; Personal Development and Career; Legal Services Industry; Real Estate Industry; Massachusetts
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      Bussgang, Jeffrey J., and Sarah Mehta. "Wendy Estrella: Scaling Multiple Businesses." Harvard Business School Case 823-016, November 2022.
      • November 2022
      • Case

      The Battle Among Channels for Marketing Pharmaceuticals: UpScript, Pharmacy Benefit Managers, and Direct-to-Consumer Sales

      By: Regina E. Herzlinger and Tiffany Farrell
      Can an online, direct-to-consumer pharmacy both improve the quality and speed of care for patients who need branded drugs and stabilize profits for pharmaceutical manufacturers? UpScript, after years spent achieving legal and regulatory compliance and simultaneous... View Details
      Keywords: DTC; Internet and the Web; Marketing Channels; Customer Value and Value Chain; Governing Rules, Regulations, and Reforms; Competitive Strategy; Service Delivery; Growth and Development Strategy; Pharmaceutical Industry; Health Industry; Retail Industry
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      Herzlinger, Regina E., and Tiffany Farrell. "The Battle Among Channels for Marketing Pharmaceuticals: UpScript, Pharmacy Benefit Managers, and Direct-to-Consumer Sales." Harvard Business School Case 323-031, November 2022.
      • November 2022
      • Technical Note

      National Security and Transnational Capitalism

      By: Meg Rithmire
      Though the relationship between national security and transnational commerce had long been interrogated and contested, the 2020s saw the escalation of concerns about insecurity and interdependence. These concerns manifested in a suite of institutional innovations and... View Details
      Keywords: Capitalism; National Security; Globalization
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      Rithmire, Meg. "National Security and Transnational Capitalism." Harvard Business School Technical Note 723-016, November 2022.
      • November 11, 2022
      • Editorial

      Finally Companies Have to Be Upfront about Job Pay Ranges

      By: Rosabeth Moss Kanter
      The significance of pay transparency laws is their role in moving American workplaces away from bias and closer to equal opportunity. View Details
      Keywords: Pay; Salary; Pay Gap; Transparency; Wages; Compensation and Benefits; Recruitment; Equality and Inequality
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      Kanter, Rosabeth Moss. "Finally Companies Have to Be Upfront about Job Pay Ranges." CNN.com (November 11, 2022). (Opinion.)
      • October 21, 2022
      • Article

      Climate Regulations Are About to Disrupt Global Shipping

      By: Willy C. Shih
      Ships that transport goods across oceans are collectively a major generator of greenhouse gases. Rules from the International Maritime Organization and the European Union aimed at curbing these emission promise to make transoceanic and regional shipping more expensive... View Details
      Keywords: Shipping; Decarbonization; Environmental Regulation; Supply Chain; Disruption; Shipping Industry; Atlantic Ocean; Oceania; Asia; Europe; North and Central America
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      Shih, Willy C. "Climate Regulations Are About to Disrupt Global Shipping." Harvard Business Review Digital Articles (October 21, 2022).
      • October 2022 (Revised September 2023)
      • Case

      SolarWinds Confronts SUNBURST (A)

      By: Frank Nagle, George A. Riedel, William R. Kerr and David Lane
      On December 12, 2020, SolarWinds learned that malware had been inserted in its software, potentially granting hackers access to thousands and thousands of its 300,000 customers. General Counsel Jason Bliss needed to orchestrate the company response without knowing how... View Details
      Keywords: Cyberattacks; Cybersecurity; Corporate Disclosure; Crisis Management; Customer Focus and Relationships; Legal Liability; Information Technology Industry; United States
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      Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (A)." Harvard Business School Case 723-357, October 2022. (Revised September 2023.)
      • October 2022 (Revised September 2023)
      • Supplement

      SolarWinds Confronts SUNBURST (B)

      By: Frank Nagle, George A. Riedel, William R. Kerr and David Lane
      Supplements the (A) case, describing actions taken by SolarWinds as well as by regulatory agencies in the aftermath of the immediate crisis. The case also includes reflections by SolarWinds managers on the choices they made with respect to disclosure, media relations,... View Details
      Keywords: Cyberattacks; Cybersecurity; Corporate Disclosure; Crisis Management; Customer Focus and Relationships; Legal Liability; Governance Compliance; Business and Government Relations; Information Technology Industry; United States
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      Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (B)." Harvard Business School Supplement 723-368, October 2022. (Revised September 2023.)
      • October 17, 2022
      • Article

      When Climate Collaboration Is Treated as an Antitrust Violation

      By: Matteo Gasparini, Knut Haanaes and Peter Tufano
      Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,... View Details
      Keywords: Climate Impact; Climate Finance; Antitrust; Anti-trust; Climate Change; Environmental Regulation; Law
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      Gasparini, Matteo, Knut Haanaes, and Peter Tufano. "When Climate Collaboration Is Treated as an Antitrust Violation." Harvard Business Review (website) (October 17, 2022).
      • October 2022
      • Background Note

      Note on Cyberattacks and Regulatory Regimes

      By: Frank Nagle, George A. Riedel, William R. Kerr and David Lane
      Describes common types of cyberattacks on enterprises and their costs, as well as the fragmentary regulatory regimes through which U.S. states and regulatory agencies at the start of 2021 attempted to encourage disclosure of cyberattacks and to pursue enforcement... View Details
      Keywords: Regulations; Regulatory Agencies; Cyberattacks; Governance; Corporate Disclosure; Cybersecurity; Information Industry; Information Technology Industry; Health Industry; Financial Services Industry; United States
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      Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "Note on Cyberattacks and Regulatory Regimes." Harvard Business School Background Note 723-392, October 2022.
      • September 2022 (Revised May 2024)
      • Case

      Navya: Steering toward a Driverless Future

      By: Julian De Freitas, Elie Ofek, Shaun Ingledew and Tonia Labruyere
      In 2022, Sophie Desormière arrived at French roboshuttle producer Navya, tasked with charting a new course in a challenging sector. The company, which had recently listed on the Paris Stock Exchange, was burning through cash reserves and needed to transform the promise... View Details
      Keywords: Autonomous Vehicles; Market Entry and Exit; Opportunities; Governing Rules, Regulations, and Reforms; Consumer Behavior; Business Model; Auto Industry; Transportation Industry; France; United States
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      De Freitas, Julian, Elie Ofek, Shaun Ingledew, and Tonia Labruyere. "Navya: Steering toward a Driverless Future." Harvard Business School Case 523-046, September 2022. (Revised May 2024.)
      • September 2022 (Revised November 2022)
      • Case

      The Uyghur Forced Labor Prevention Act: Trade and Genocide in U.S.-China Relations

      By: Jeremy Friedman and David Lane
      On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, requiring companies to prove that goods imported from the People’s Republic of China were not made with forced labor. The bill was a reaction to reports of products being made with... View Details
      Keywords: Ethics; Multinational Firms and Management; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Government Legislation; International Relations; Labor; Wages; Law Enforcement; Law; Rights; Operations; Supply Chain Management; Business and Government Relations; Agriculture and Agribusiness Industry; Agriculture and Agribusiness Industry; Agriculture and Agribusiness Industry; China; United States
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      Friedman, Jeremy, and David Lane. "The Uyghur Forced Labor Prevention Act: Trade and Genocide in U.S.-China Relations." Harvard Business School Case 723-001, September 2022. (Revised November 2022.)
      • September 2022
      • Article

      Loneliness Versus Distress: A Comparison of Emotion Regulation Profiles

      By: Alyssa J. Tan, Vincent Mancini, James J. Gross, Amit Goldenberg, Johanna C. Badcock, Michelle H. Lim, Rodrigo Becerra, Ben Jackson and David A. Preece
      Loneliness, a negative emotion stemming from the perception of unmet social needs, is a major public health concern. Current interventions often target social domains but produce small effects and are not as effective as established emotion regulation (ER)-based... View Details
      Keywords: Emotions
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      Tan, Alyssa J., Vincent Mancini, James J. Gross, Amit Goldenberg, Johanna C. Badcock, Michelle H. Lim, Rodrigo Becerra, Ben Jackson, and David A. Preece. "Loneliness Versus Distress: A Comparison of Emotion Regulation Profiles." Behaviour Change 39, no. 3 (September 2022): 180–190.
      • 2022
      • Book

      Corporate Criminal Investigations and Prosecutions

      By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
      Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and... View Details
      Keywords: Criminal Investigations; Crime and Corruption; Legal Liability
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      Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
      • September 2022
      • Article

      Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities

      By: Leemore Dafny, Christopher Ody and Teresa Rokos
      The federal Anti-Kickback Statute prohibits biopharmaceutical manufacturers from directly covering Medicare enrollees’ out-of-pocket spending for the drugs they manufacture, but manufacturers may donate to independent patient assistance charities and earmark donations... View Details
      Keywords: Cost Sharing; Prescription Drugs; Drug Spending; Medicare; Dual Eligibility; Cost; Health Care and Treatment; Philanthropy and Charitable Giving; Pharmaceutical Industry
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      Dafny, Leemore, Christopher Ody, and Teresa Rokos. "Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities." Health Affairs 41, no. 9 (September 2022).
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