Publications

Teaching Interest

Overview

By: John F. Batter

As as Senior Lecturer I teach the EC course Law, Management and Entrepreneurship (cross-listed in the General Management and Entrepreneurial Management Units) in both the Fall and Spring semesters. While I have retired from my public and private company litigation... View Details

Keywords: Fiduciary Duty; Securities; Private Equity; Entrepreneurship; Mergers; Law

20 Apr 2016
Research & Ideas

When CEOs Become Activists

issued an executive order on April 13, clarifying the state law and asking the legislature to revisit some of its provisions. The actions of PayPal’s Schulman and other CEOs is... View Details

Keywords: by Carmen Nobel; Technology; Publishing

22 Sep 2017
News

The Epicenter of Miami’s Vice

everything was being paid for in cash, the fact that you had all these banks popping up on Brickell Avenue, which is known as kind of the Wall Street of Miami, that were just there to take dirty money. You would pay people before money laundering View Details

2025
Working Paper

Pulp Friction: The Value of Quantity Contracts in Decentralized Markets

By: Olivier Darmouni, Simon Essig Aberg and Juha Tolvanen

Firms in decentralized markets often trade using quantity contracts, agreements that specify quantity prior to the point of sale. These contracts are valuable because they provide quantity assurance, as trading frictions could prevent a buyer and seller from matching... View Details

Keywords: Decentralized Markets; Trading Frictions; Market Structure; Transaction Costs; Contracts; Market Transactions; Pulp and Paper Industry

SSRN

Read Now

February 2014 (Revised October 2014)
Case

ISS A/S: The Buyout

By: Clayton Rose, Carsten Bienz and Lucy White

Provides the opportunity to value a leveraged buy-out; and to examine the nature and extent of a company's responsibilities to its bondholders. Here, the context is a "going private" transaction in Europe, where the financing plan called for the addition to the... View Details

Keywords: LBO; Private Equity; Contracts; Global Business; International Business; Finance; Ethics; Law; Service Industry; Europe

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

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

November 2010
Technical Note

Technical Note: An Abridged History of the American Corporation

By: Rakesh Khurana, Andrew David Klaber and Eric Baldwin

This note examines the development of the corporate form in the United States from the eighteenth century to the present, focusing primarily on legal issues. It identifies several major trends in the history of the American corporation: the transition of corporations... View Details

Keywords: Accounting; Corporate Accountability; Governing Rules, Regulations, and Reforms; History; Code Law; Managerial Roles; Corporate Social Responsibility and Impact; Private Ownership; United States

Find at Harvard

October 2020 (Revised April 2022)
Case

When Institutions Fail: HIV/AIDS in the 1980s

By: Tom Nicholas and Christian Godwin

During the early 1980s, young gay men in urban centers such as San Francisco and New York City began contracting a mysterious illness that would come to be known as HIV/AIDS. A diagnosis meant almost certain death, with a less than 1% survival rate. Conflicting... View Details

December 2006 (Revised October 2007)
Case

Monsanto: Realizing Biotech Value in Brazil

By: David E. Bell and Mary L. Shelman

In 2003, Monsanto's patented "Roundup Ready" technology was used illegally on 70-80% of the soybean area in southern Brazil. Under pressure from U.S. soybean growers, who were paying to license the technology, the firm implemented an innovative delivery-based... View Details

Keywords: Plant-Based Agribusiness; Patents; Lawfulness; Emerging Markets; Product Development; Agriculture and Agribusiness Industry; Agriculture and Agribusiness Industry; Brazil

July 2010 (Revised March 2011)
Case

A&M/Octone Records: All Rights or Nothing?

By: Anita Elberse, Elie Ofek and Caren Kelleher

In April 2008, after successfully transitioning Octone Records to Universal Music Group and relaunching the label as A&M/Octone Records, president and CEO James Diener is facing a new challenge. Diener and his executive team have trouble convincing a new, promising... View Details

Keywords: Talent and Talent Management; Intellectual Property; Contracts; Rights; Product Marketing; Product Development; Technology; Music Industry

01 Sep 2007
News

Giving New Ventures a Boost

Some $80,000 in cash and in-kind legal and accounting services were awarded to winners and runners-up in the 11th annual HBS Business Plan Contest last April. Traditional track... View Details

Keywords: Colleges, Universities, and Professional Schools; Colleges, Universities, and Professional Schools

March 2017 (Revised December 2017)
Case

The Ready-Made Garment Industry: A Bangladeshi Perspective (A)

By: Nien-hê Hsieh and Saloni Chaturvedi

Responsibility for working conditions in contract factories within the supply chain presents an ongoing challenge for managers and an area of debate. Much of the debate approaches the challenge from the perspective of large global apparel brands. This case helps... View Details

Keywords: Apparel; Bangladesh; Corporate Responsibility; Human Rights; Supply Chains; Labor; Working Conditions; Supply Chain; Safety; Rights; Corporate Social Responsibility and Impact; Apparel and Accessories Industry; Bangladesh

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

01 Oct 2001
News

Books: Winning the Influence Game

be applied at the local, state, national, or international level by managers from a wide spectrum of industries. In today's economy, where government laws and regulations can determine the long-term... View Details

Keywords: Executive, Legislative, and Other General Government Support; Executive, Legislative, and Other General Government Support

07 Aug 2006
Research & Ideas

Whatever Happened to Caveat Emptor?

efforts in Germany and France), consumers favor products that evolved slowly and are well engineered, while the French prefer style and innovation. These preferences are not... View Details

Keywords: by Sean Silverthorne; Retail

01 Apr 2002
News

University Elections

Pilkington & Ward LLP. New York, NY. Frances D. Fergusson, MA ’66, Ph.D. ’73; BA ’65, Wellesley College. President, Vassar College. Poughkeepsie, NY. William F. Lee, AB ’72; JD ’76, Cornell Law School; MBA ’76, Cornell University.... View Details

Keywords: Colleges, Universities, and Professional Schools; Colleges, Universities, and Professional Schools; Colleges, Universities, and Professional Schools

February 2002 (Revised May 2002)
Background Note

That's a Wrap: The Dynamics of the Video Rental Industry

By: V.G. Narayanan and Lisa Brem

The history, current dynamics, and future trends of the $10 billion home video rental industry provides a platform to discuss revenue-sharing contracts between suppliers of home videocassettes and retailers. View Details

Keywords: Contracts; Motivation and Incentives; Supply Chain Management; Revenue; Financial Strategy; Motion Pictures and Video Industry

November 2002 (Revised December 2002)
Case

Calvin Klein, Inc. v. Warnaco Group, Inc.

On May 30, 2000, Calvin Klein, Inc. (CKI) filed suit against Warnaco Group, Inc. and Linda Wachner, its CEO, for breaching its jeanswear licensing and distribution contract and, in so doing, diluting the equity of its brand. On June 26, 2000, Warnaco countered with its... View Details

Keywords: Lawsuits and Litigation; Distribution Channels; Brands and Branding; Apparel and Accessories Industry; Apparel and Accessories Industry; Apparel and Accessories Industry