Publications

Web

Antitrust & Competition Policy - Institute For Strategy And Competitiveness

litigation and legislation, both in the United States and internationally. Jul 2001 (Revised Jun 2002) Fundamental Theory Task Force Washington, DC Perspectives on Fundamental... View Details

February 2024 (Revised May 2024)
Case

Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech

By: Joseph L. Badaracco Jr. and Susan Pinckney

In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of... View Details

Keywords: Transition; Government Administration; Lawsuits and Litigation; Monopoly; Technology Industry; United States; European Union; China; India

2012
Book

Commentaries and Cases on the Law of Business Organization

By: William T. Allen, Reinier Kraakman and Guhan Subramanian

This fourth edition is completely updated throughout. It now includes excerpts from important recent cases such as "Air Products v. Airgas" and "In re CNX Gas" and provides commentary on current developments, such as "Say on Pay," proxy access and the Dodd-Frank Act of... View Details

Keywords: Business Organization; Laws and Statutes; Lawsuits and Litigation

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21 Feb 2020
HBS Seminar

Dr. David Egilman, Never Again

Web

Law, Management and Entrepreneurship - Course Catalog

school should enroll in LME Career Focus: Every MBA should understand how law affects business. In addition to serving as a Senior Lecturer at HBS, I am a retired Securities Litigation Partner at WilmerHale in Boston. I draw upon examples... View Details

2015
Working Paper

Financial Patent Quality: Finance Patents After State Street

By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon

In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these... View Details

Keywords: Patents; Lawsuits and Litigation; Finance

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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

10 Jul 2018
First Look

New Research and Ideas, July 10, 2018

core of the case is explored in the context of motion pleading and preliminary relief, and litigation strategy is presented as part of a company’s overall business strategy.... View Details

Keywords: Dina Gerdeman

June 2001
Case

GE's Early Dispute Resolution Initiative (A)

By: Michael A. Wheeler and Gillian Morris

GE's chief litigation counsel sought to rationalize litigation flow by viewing it as a manufacturing process. By applying the principles of Six Sigma, P.D. Villareal created an Early Dispute Resolution (EDR) system that enabled both lawyers and managers to work... View Details

Keywords: Corporate Governance; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Six Sigma; Organizational Change and Adaptation; Problems and Challenges; Conflict and Resolution; Energy Industry; Technology Industry; United States

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

01 Jun 2018
News

June 2018 Alumni and Faculty Books

fair competition that reshaped both public and private regulatory power. Rather than viewing the history of American capitalism as the unassailable ascent of large-scale corporations and free competition,... View Details

June 2004 (Revised January 2005)
Case

Rambus Inc., 2004

By: David B. Yoffie and Deborah Freier

Examines the role of technology licensing in strategies for high-technology companies. In the 1990s, Rambus developed a revolutionary memory technology that would improve the ability of DRAMs to keep pace with ever-faster microprocessors. To commercialize the... View Details

Keywords: Innovation Strategy; Lawsuits and Litigation; Strategic Planning; Relationships; Commercialization; Competition; Technology Adoption; Value; Semiconductor Industry

August 2007
Case

The Battle Of Union Square

Union Square Ventures, a Private Equity firm founded in 2003, filed a trademark infringement suit against Union Square Partners, another private equity firm founded in November 2006. Examines the possible impact that public litigation will have on the two firms. The... View Details

Keywords: Private Equity; Investment; Trademarks; Lawsuits and Litigation; Conflict Management; Reputation; Financial Services Industry

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November 2010 (Revised November 2017)
Case

Washout: The Founders' Tale and the Investors' Tale

By: Lena G. Goldberg and Chad M. Carr

The competing narratives of the founders of Alantec, Inc. and the venture capitalists who funded the company are explored in the context of Kalashian v. Advent VI Ltd. a California Superior Court case. The founders of the company, which produced switches for computer... View Details

Keywords: Business Startups; Venture Capital; Governance Controls; Governing and Advisory Boards; Lawsuits and Litigation; Managerial Roles; Ownership Stake; Business and Shareholder Relations; Conflict and Resolution; Technology Industry

13 Feb 2018
First Look

New Research and Ideas, February 13, 2018

backlogs and delays in numerous Patent and Trademarks Offices, and litigation over IP rights is expensive with an uncertain outcome. Moreover,... View Details

Keywords: Sean Silverthorne

November 2010
Supplement

Dow's Bid for Rohm and Haas (CW)

By: Benjamin C. Esty

Spreadsheet Supplement for 211020. View Details

Keywords: Mergers and Acquisitions; Performance; Joint Ventures; Financial Crisis; Economic Slowdown and Stagnation; Financial Markets; Sales; Lawsuits and Litigation; Negotiation Deal; Governing and Advisory Boards; Cash Flow; Decisions; Chemical Industry; Kuwait

February 2013
Article

An Activity-Generating Theory of Regulation

By: Joshua Schwartzstein and Andrei Shleifer

We propose an activity-generating theory of regulation. When courts make errors, tort litigation becomes unpredictable and as such imposes risk on firms, thereby discouraging entry, innovation, and other socially desirable activity. When social returns to activity are... View Details

Keywords: Courts and Trials; Lawsuits and Litigation; Governing Rules, Regulations, and Reforms; Theory

December 2020 (Revised February 2021)
Supplement

The Tulsa Massacre and the Call for Reparations

By: Mihir A. Desai and Suzanne Antoniou

How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government... View Details

December 2020 (Revised February 2021)
Teaching Note

The Tulsa Massacre and the Call for Reparations

By: Mihir A. Desai and Suzanne Antoniou

How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government... View Details