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January 1992 (Revised December 1994)
Background Note

Note on E-Mail and Privacy: U.S. Law and Company Policies

By: Lynn S. Paine

Describes the legal landscape of employee privacy as it applies to e-mail interception: the various legal theories on which a privacy claim might be based and proposed federal legislation relevant to the subject. Also describes the policies companies like UPS,... View Details

Keywords: Risk and Uncertainty; Information; Rights; Government Legislation; Internet and the Web; Interpersonal Communication; Ethics; Theory; Policy; Employees

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May 2004 (Revised April 2005)
Background Note

Intellectual Property and Strategy

By: David B. Yoffie and Deborah Freier

Explores the role of intellectual property in firms' strategies. Explains the legal and strategic differences between patents, copyrights, trademarks, and trade secrets and explores the multiple ways firms use these different legal protections to gain competitive... View Details

Keywords: Copyright; Patents; Trademarks; Competitive Advantage; Value

June 1998 (Revised June 1998)
Background Note

Bankruptcy: A Debtor's Perspective

By: Howard H. Stevenson and Michael J. Roberts

Describes the business and legal context surrounding personal and corporate bankruptcy. View Details

Keywords: Insolvency and Bankruptcy; Financial Condition; Legal Liability; Personal Finance; Loss; Business or Company Management

2013
Working Paper

What Makes the Bonding Stick? A Natural Experiment Involving the U.S. Supreme Court and Cross-Listed Firms

By: Amir N. Licht, Christopher Poliquin, Jordan I. Siegel and Xi Li

On March 29, 2010, the U.S. Supreme Court signaled its intention to geographically limit the reach of the U.S. securities antifraud regime and thus differentially exclude U.S.-listed foreign firms from the ambit of formal U.S. antifraud enforcement. We use this legal... View Details

Keywords: Crime and Corruption; International Finance; Investment; Corporate Governance; Governing Rules, Regulations, and Reforms; Courts and Trials; Legal Liability; United States

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

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

2010
Working Paper

Law and Finance c. 1900

By: Aldo Musacchio

How persistent are the effects of legal institutions adopted or inherited in the distant past? A substantial literature argues that legal origins have persistent effects that explain clear differences in investor protections and financial development around the world... View Details

Keywords: Law; Finance; Corporate Governance; Practice; Growth and Development

February 2018
Background Note

Patent Trolling

By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou

The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details

Keywords: Intellectual Property; Patents; Lawsuits and Litigation; United States

2011
Other Unpublished Work

Innovation and Regulative Ambiguities in the U.S. Geothermal Power Sector

By: Shon R. Hiatt

While prior institutional research has focused on institutional ambiguity as an exogenous condition under which organizations exercise agency, this study examines the state's exercise of agency in making legal institutions more or less ambiguous and its impact on... View Details

Keywords: Entrepreneurship; Policy; Energy Sources; Innovation and Invention; Energy Industry; United States

January 2016 (Revised January 2019)
Case

The Allergan Board Under Fire (A)

By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane

In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details

July 2011
Background Note

Torts 101: Civil Wrongs & Ways to Right Them

By: Lena G. Goldberg and Mary Beth Findlay

This note summarizes basic principles of tort law and is intended as background information for business students studying legal aspects of management. View Details

Keywords: Business Ventures; Information; Legal Liability; Business or Company Management

January 2016 (Revised January 2019)
Supplement

The Allergan Board Under Fire (B)

By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane

In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details

July 1995
Background Note

Managerial Duties and Business Law

By: Joseph L. Badaracco Jr. and Jerry Useem

Consists of excerpts from Principles of Corporate Governance, a set of legal guidelines that enumerates the principal duties of corporate managers and directors, including fiduciary duty, duty of care, and duty of fair dealing. Also addresses legal obligations relating... View Details

Keywords: Ethics; Corporate Governance; Retention; Common Law; Business or Company Management; Goals and Objectives; Managerial Roles

December 2016 (Revised April 2024)
Case

Rajat Gupta

By: Paul Healy and Eugene Soltes

Rajat Gupta, former managing director of McKinsey & Company; a director of Goldman Sachs, Procter & Gamble, and AMR; and a well-known philanthropist, was convicted of engaging in insider trading. The case explores Gupta’s rise and the later legal problems he faced. View Details

Keywords: Insider Trading; McKinsey; Ethics; Crime and Corruption; United States

June 1989 (Revised May 1993)
Supplement

Rossin Greenberg Seronick & Hill, Inc. (C)

By: John A. Quelch

Teaching objectives: 1) to consider legal and other obligations advertising agencies owe to their clients, 2) to show how aggressive marketing can lead to allegations of misconduct, 3) to explore conflicts of interest which may arise for professional service companies... View Details

Keywords: Conflict of Interests; Ethics; Lawsuits and Litigation; Marketing; Advertising; Advertising Industry; New England

February 2020
Case

Intellectual Ventures Update 2020

By: David B. Yoffie and Daniel Fisher

After raising $6 billion and buying 60,000 patents, Intellectual Venture (IV) was confronted with a changing legal environment. After a number of important legal decisions, including the Supreme Court's so-called "Alice" decision, IV had to shift strategy. IV sold off... View Details

Keywords: Intellectual Property; Strategy; Innovation and Invention; Information Technology; Business Model; United States

March 2016 (Revised May 2020)
Technical Note

A Brief Note on Global Antitrust

By: Dennis Yao, David Yoffie, Eric Baldwin, Daniel Fisher and Rachel Salisbury

This brief note explores the critical antitrust legal and policy issues facing managers, especially in the world of technology. View Details

Keywords: Anti-trust; Monopoly; Policy; Law; Global Range; Technology

Article

Red Light States: Who Buys Online Adult Entertainment?

By: Benjamin Edelman

This paper studies the adult online entertainment industry, particularly the consumption side of the market. In particular, it focuses on the demographics and consumption patterns of those who subscribe to adult entertainment websites. On the surface, this business... View Details

Keywords: Online Technology; Segmentation; Film Entertainment; Demographics; Web Sites; Competition; Governing Rules, Regulations, and Reforms; Demand and Consumers; Legal Liability; Culture; Religion; Entertainment and Recreation Industry; United States

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December 2014 (Revised March 2018)
Case

John D. Rockefeller: The Richest Man in the World

By: Tom Nicholas and Vasiliki Fouka

By the late nineteenth century scale and managerial hierarchies had extended to several major industrial sectors of the U.S. economy. Although the precise mechanisms often varied, this process mainly involved horizontal integration, some form of legal or administrative... View Details

Keywords: Horizontal Integration; Wealth; Business History; Vertical Integration; Consolidation; Personal Development and Career; Energy Industry; United States

September 2014 (Revised November 2014)
Case

Marketing Marijuana in Colorado

By: John A. Quelch and David Lane

Colorado's 2014 legalization of marijuana for adult recreational (not just medical) use created a new market that entrepreneurs rushed to enter, channeled by regulations that aimed to minimize marijuana's access to minors while not stifling the emergent new industry.... View Details

Keywords: Public Health; Regulation; Marijuana; Plant-Based Agribusiness; Public Sector; Entrepreneurship; Health Care and Treatment; Agriculture and Agribusiness Industry; Health Industry; Colorado

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