Publications

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

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

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

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

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

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

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

Research Summary

Research Interests

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

18 Jan 2022
News

How Eliminating Non-Competes Could Reshape Tech

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

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)

15 Aug 2018
Book

Why Entrepreneurs Must Focus on Building Trust

Keywords: by Dina Gerdeman

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

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

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

December 2018
Case

DraftKings and the Future of Fantasy Sports

By: Robert F. Higgins and Julia Kelley

Founded in 2012, DraftKings helped change the fantasy sports landscape by popularizing daily fantasy sports (DFS), or short-term fantasy sports tournaments that offered big cash prizes to winners. The company’s valuation exceeded $1 billion by 2015, but DraftKings soon... 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