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      • July 2005
      • Teaching Note

      Multinational Corporations in Apartheid-Era South Africa: The Issue of Reparations (TN)

      By: Geoffrey G. Jones
      Teaching Note to (9-804-027). View Details
      Keywords: Lawsuits and Litigation; Globalized Firms and Management; South Africa
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      Jones, Geoffrey G. "Multinational Corporations in Apartheid-Era South Africa: The Issue of Reparations (TN)." Harvard Business School Teaching Note 806-034, July 2005.
      • Article

      Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members

      By: Suraj Srinivasan
      I use a sample of 409 companies that restated their earnings from 1997 to 2001 to examine penalties for outside directors, particularly audit committee members, when their companies experience accounting restatements. Penalties from lawsuits and Securities and Exchange... View Details
      Keywords: Outcome or Result; Business Earnings; Financial Statements; Lawsuits and Litigation; Labor; Markets; Financial Reporting; Accounting Audits; Cost; Reputation
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      Srinivasan, Suraj. "Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members." Journal of Accounting Research 43, no. 2 (May 2005): 291–334.
      • November 2004 (Revised June 2005)
      • Case

      Mall of America (A)

      By: Lynn S. Paine and Christopher Bruner
      Explores fiduciary duty issues that arose in litigation among partners in the partnership that owned and controlled the Mall of America. Describes the complex real estate transaction in which one partner attempted to purchase an additional interest in the mall from a... View Details
      Keywords: Ethics; Business Organization; Lawsuits and Litigation; Partners and Partnerships; Property; Investment; Retail Industry; United States
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      Paine, Lynn S., and Christopher Bruner. "Mall of America (A)." Harvard Business School Case 305-068, November 2004. (Revised June 2005.)
      • September 2004 (Revised January 2005)
      • Case

      Brazil's WTO Cotton Case: Negotiation Through Litigation

      By: Ray A. Goldberg, Robert Lawrence and J. Katherine Milligan
      Brazil has just won a case action against the U.S. cotton agriculture program at the World Trade Organization. What does this mean for future agricultural programs in the United States? For future trade policies of the United States, Brazil, and others in the global... View Details
      Keywords: Developing Countries and Economies; Trade; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Lawsuits and Litigation; Negotiation Process; Negotiation Types; Agriculture and Agribusiness Industry; United States; Brazil
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      Goldberg, Ray A., Robert Lawrence, and J. Katherine Milligan. "Brazil's WTO Cotton Case: Negotiation Through Litigation." Harvard Business School Case 905-405, September 2004. (Revised January 2005.)
      • 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
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      Yoffie, David B., and Deborah Freier. "Rambus Inc., 2004." Harvard Business School Case 704-500, June 2004. (Revised January 2005.)
      • January 2004 (Revised September 2004)
      • Background Note

      Confidentiality in Settlement Negotiations: Ethics & Law

      By: Michael A. Wheeler, Dana Nelson and Gillian Morris
      Legal policy has a long history of protecting confidentiality of negotiations that are designed to produce settlement. However, within the past several decades there has been a significant push toward openness. Compelling arguments support confidentiality: It helps... View Details
      Keywords: Ethics; Lawsuits and Litigation; Attorney and Client Relationships; Policy; Corporate Disclosure; Negotiation
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      Wheeler, Michael A., Dana Nelson, and Gillian Morris. "Confidentiality in Settlement Negotiations: Ethics & Law." Harvard Business School Background Note 904-057, January 2004. (Revised September 2004.)
      • Article

      Will You Negotiate or Litigate?

      By: Deepak Malhotra
      Keywords: Negotiation; Lawsuits and Litigation
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      Malhotra, Deepak. "Will You Negotiate or Litigate?" Negotiation 7, no. 10 (October 2004).
      • December 2003 (Revised August 2006)
      • Background Note

      Grutter v. Bollinger: A Synopsis

      By: Lynn S. Paine
      In June 2003, the U.S. Supreme Court announced its decision in Grutter v. Bollinger, upholding the principle of affirmative action in university admissions, which had been challenged as a violation of the U.S. Constitution's Fourteenth Amendment. This case includes... View Details
      Keywords: Lawsuits and Litigation
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      Paine, Lynn S. "Grutter v. Bollinger: A Synopsis." Harvard Business School Background Note 304-065, December 2003. (Revised August 2006.)
      • August 2003 (Revised January 2013)
      • Case

      Multinational Corporations in Apartheid-era South Africa: The Issue of Reparations

      By: Geoffrey Jones and Cate Reavis
      Considers the lawsuits filed on behalf of victims of apartheid against multinationals who operated in South Africa prior to 1994. Reviews the debates about divestment from and sanctions against South Africa from the 1950s. Includes case studies of companies that... View Details
      Keywords: Ethics; Multinational Firms and Management; Government Legislation; Lawsuits and Litigation; Business and Government Relations; Prejudice and Bias; South Africa
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      Jones, Geoffrey, and Cate Reavis. "Multinational Corporations in Apartheid-era South Africa: The Issue of Reparations." Harvard Business School Case 804-027, August 2003. (Revised January 2013.)
      • July 2002 (Revised August 2003)
      • Case

      Unilever Superannuation Fund vs. Merrill Lynch, The

      By: Andre F. Perold and Joshua Musher
      In 2001, the Unilever Superannuation Fund sued Merrill Lynch for damages of 130 million British pounds. Over the period 1977 to 1998, the Unilever Fund had significantly underperformed the benchmark, and its trustees contended that the poor returns resulted from... View Details
      Keywords: Investment; Lawsuits and Litigation; Performance Evaluation; Agreements and Arrangements; Customer Relationship Management; Risk and Uncertainty; Asset Management; Risk Management; Legal Liability; Financial Services Industry; United Kingdom
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      Perold, Andre F., and Joshua Musher. "Unilever Superannuation Fund vs. Merrill Lynch, The." Harvard Business School Case 203-034, July 2002. (Revised August 2003.)
      • February 2002
      • Background Note

      States vs. Microsoft, The

      By: Michael A. Wheeler and Gillian Morris
      Although the federal Justice Department managed to settle its massive antitrust litigation against Microsoft in 2001, the state suit against the company continued. State attorney generals, perhaps emboldened by their recent victory over the Big Five tobacco companies,... View Details
      Keywords: Service Operations; Public Ownership; Private Ownership; Negotiation Deal; Goals and Objectives; Lawsuits and Litigation; Decision Making; Information Industry; Legal Services Industry
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      Wheeler, Michael A., and Gillian Morris. "States vs. Microsoft, The." Harvard Business School Background Note 902-177, February 2002.
      • January 2002
      • Case

      Price-Fixing Vignettes

      By: Guhan Subramanian and Michelle Kalka
      This case escribes the antitrust prosecutions in the United States and abroad of the international bulk vitamins cartel. Both the civil and criminal fines were historically high, and it was the first time the United States prosecuted foreign nationals for U.S. criminal... View Details
      Keywords: Price; Lawsuits and Litigation; Governance Compliance; Auctions; Laws and Statutes; Monopoly; Globalized Markets and Industries; Retail Industry; Health Industry; United States
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      Subramanian, Guhan, and Michelle Kalka. "Price-Fixing Vignettes." Harvard Business School Case 902-068, January 2002.
      • 2002
      • Other Teaching and Training Material

      The States vs. Microsoft

      By: Michael A. Wheeler and Gillian Morris
      Keywords: Lawsuits and Litigation; Business and Government Relations
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      Wheeler, Michael A., and Gillian Morris. "The States vs. Microsoft." Boston, MA: Harvard Business School Publishing, 2002.
      • September 2001 (Revised January 2002)
      • Case

      The American Medical Association-Sunbeam Deal (C): Denouement

      By: Ashish Nanda and Kimberly A. Haddad
      On September 5, 1997, the American Medical Association(AMA) withdrew from a contract with Sunbeam Corporation, the maker of small home appliances. Sunbeam sued the AMA to pay for the damages or to comply with the contract. The fracas led to the dismissal of three top... View Details
      Keywords: Medical Services; Appliances; Lawsuit; Litigation; Professionalism; Contracts; Corporate Accountability; Organizations; Lawsuits and Litigation; Consumer Products Industry; Health Industry; United States
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      Nanda, Ashish, and Kimberly A. Haddad. "The American Medical Association-Sunbeam Deal (C): Denouement." Harvard Business School Case 802-091, September 2001. (Revised January 2002.)
      • Article

      The Information Content of Litigation Participation Securities: The Case of CalFed Bancorp

      By: B. C. Esty
      Keywords: Information; Lawsuits and Litigation; Banks and Banking; Banking Industry
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      Esty, B. C. "The Information Content of Litigation Participation Securities: The Case of CalFed Bancorp." Journal of Financial Economics 60, nos. 2-3 (May 2001): 371–399.
      • 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
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      Wheeler, Michael A., and Gillian Morris. "GE's Early Dispute Resolution Initiative (A)." Harvard Business School Case 801-395, June 2001.
      • June 2001
      • Supplement

      GE's Early Dispute Resolution Initiative (B)

      By: Michael A. Wheeler and Gillian Morris
      Early Dispute Resolution (EDR) has proved successful at GE. Yet, when Michael McIlwrath, new counsel at an Italian subsidiary, attempted to translate it to his company, problems arose. He had to gain internal acceptance, and explain the concept of early mediation to a... View Details
      Keywords: Business Subsidiaries; Globalization; Lawsuits and Litigation; Organizational Culture; Performance Effectiveness; Problems and Challenges; Conflict of Interests; Complexity; Italy; New York (state, US)
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      Wheeler, Michael A., and Gillian Morris. "GE's Early Dispute Resolution Initiative (B)." Harvard Business School Supplement 801-453, June 2001.
      • June 2001
      • Article

      Playing by the Rules: How Intel Avoids Antitrust Litigation

      By: David B. Yoffie and Mary Kwak
      Keywords: Information Infrastructure; Lawsuits and Litigation; Computer Industry
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      Yoffie, David B., and Mary Kwak. "Playing by the Rules: How Intel Avoids Antitrust Litigation." Harvard Business Review 79, no. 6 (June 2001): 119–122. (Reprint R0106H.)
      • March 2001 (Revised April 2002)
      • Case

      Ginzel et al v. Kolcraft Enterprises et al (A)

      By: Michael A. Wheeler
      Examines the wrongful death lawsuit brought by the family of an infant who died after a portable crib collapsed. The manufacturer, Kolcraft, licensed the Playskool brand name from the co-defendant, Hasbro Industries. Raises difficult questions about what the two... View Details
      Keywords: Safety; Product; Negotiation; Corporate Social Responsibility and Impact; Lawsuits and Litigation; Legal Liability; Brands and Branding; Consumer Products Industry; United States
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      Wheeler, Michael A. "Ginzel et al v. Kolcraft Enterprises et al (A)." Harvard Business School Case 801-059, March 2001. (Revised April 2002.)
      • Winter 2001
      • Other Article

      Competition and Antitrust: A Productivity-Based Approach to Evaluating Mergers and Joint Ventures

      By: Michael E. Porter
      This article seeks to contribute thinking on how the intellectual foundations of antitrust might be updated, based on a large body of theoretical and empirical research on company strategy, competition, and economic development. The aim is to outline a new direction... View Details
      Keywords: Society; Strategy
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      Porter, Michael E. "Competition and Antitrust: A Productivity-Based Approach to Evaluating Mergers and Joint Ventures." Antitrust Bulletin 46, no. 4 (Winter 2001): 919–958. (Revised May 30, 2002.)
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