Publications

March 2006
Case

EMC Corporation: Proposed Acquisition of VMware

By: Constance E. Bagley, Carin-Isabel Knoop and Chris Lombardi

Involves the decision by the CEO of EMC Corp. whether to acquire VMware, a small software firm in California that makes virtualization software. Among the factors to be considered are a pending patent case involving WMare and Microsoft and integration challenges... View Details

Keywords: Patents; Decision Choices and Conditions; Lawsuits and Litigation; Applications and Software; Acquisition; Information Technology Industry; California

February 2019 (Revised January 2020)
Case

Pierre Foods Acquisition of Advance Foods (A)

By: Guhan Subramanian and Mike Harmon

This case (A), and its related cases (B-E), establish a setting to discuss an M&A transaction and some of the key legal contracts that are associated with it. In 2010, private equity backed food manufacturer Pierre Foods is contemplating the acquisition of a key... View Details

Keywords: Mergers and Acquisitions; Contracts; Agreements and Arrangements; Negotiation; Complexity

January 1986 (Revised August 1986)
Case

Bougainville Copper Ltd. (Condensed)

Describes a mine operated by Bougainville Copper Ltd. in Papua New Guinea and the pressures negotiating the mineral contract between PNG and Bougainville Copper. Condensed from Bougainville Copper Ltd. (B), (C), and (D) by J.S. Hammond and G.B. Allan. View Details

Keywords: International Finance; Contracts; Negotiation; Mining Industry; Oceania

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

December 2021
Case

Should I Stay or Should I Go? Assessing Risk in Carlos Ghosn's International Escape

By: Eugene F. Soltes, Grace Liu and Muneeb Ahmed

In 2018, automotive tycoon Carlos Ghosn was arrested in Japan on financial misreporting charges, followed later by charges of improper payments and misappropriation of funds. Over a year later, still awaiting trial, Ghosn organized his escape from house arrest in Tokyo... View Details

Keywords: Crime and Corruption; Decision Making; Cost vs Benefits; Decision Choices and Conditions; Ethics; Cross-Cultural and Cross-Border Issues; Law; Courts and Trials; Rights; Risk and Uncertainty; Auto Industry; Japan

February 2005 (Revised March 2006)
Case

PCAOB, The (A)

By: Lynn S. Paine and Kim Bettcher

Members of the Public Co. Accounting Oversight Board--a private-sector, nonprofit body created by the Sarbanes-Oxley Act of 2002--must determine the form and content of a new auditing standard on internal control that will fulfill the requirements of Section 404 of the... View Details

Keywords: Law; Financial Reporting; Corporate Governance; Standards; Government Administration; Accounting Audits

August 2019
Case

Creating Accountability in Afghanistan

By: Jonas Heese, Gerardo Pérez Cavazos, Eugene F. Soltes and Grace Liu

By early 2019, the United States had contributed $132 billion to the Afghan reconstruction. John Sopko, in his role as the Special Inspector General for Afghan Reconstruction (SIGAR), was in charge of providing accountability for U.S. aid funding. Sopko’s oversight... View Details

Keywords: Auditing; Fraud; Accountability; Crime and Corruption; Law Enforcement; Governance; Infrastructure; Information; Networks; Strategy; Afghanistan

September 2023
Teaching Note

Patagonia: 'Earth Is Now Our Only Shareholder'

By: Brian Trelstad, Nien-hê Hsieh, Michael Norris and Susan Pinckney

Teaching Note for HBS Case No. 323-057. Patagonia’s change of ownership from a privately held company to a perpetual purpose trust and 501(c)(4) nonprofit in order to use the company’s profit to fight the environmental crisis and be a model for future businesses. View Details

December 2010
Article

Organizing the In-between: The Population Dynamics of Network-weaving Organizations in the Global Interstate Network

By: Paul Ingram and Magnus Thor Torfason

This article examines the population dynamics and viability of network weavers, which are organizations that provide network relations for others. An analysis of the population dynamics of the intergovernmental organizations (IGOs) that are the basis of the interstate... View Details

Keywords: Networks; Organizations; Demographics; Relationships; Globalization; Economics; Conflict and Resolution; Value; Lawfulness; Competition

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January 2022 (Revised January 2023)
Technical Note

Legal Analysis: Sexual Misconduct in the Workplace

By: J.S. Nelson and Trevor Fetter

This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and... View Details

Keywords: Crime and Corruption; Gender; Social Psychology; Behavior; Lawsuits and Litigation

December 2012 (Revised November 2014)
Case

W.R. Grace & Co.: Dealing with Asbestos Torts

By: Stuart C. Gilson and Sarah L. Abbott

A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract... View Details

Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States

August 2002 (Revised July 2003)
Case

LAE Enterprises Corp.

Jay Entrepreneur had to decide whether it was worth his time to plow through a 12-page term sheet for a Series A round of preferred stock prepared by HBS Investors, a well-established venture capital firm that did seed, early-round, and mezzanine financings. He could... View Details

Keywords: Venture Capital; Contracts; Decision Choices and Conditions; Business Startups; Medical Devices and Supplies Industry

October 1997 (Revised November 1997)
Case

NAACP, The

By: James E. Austin, Paul Barese, Stephanie L. Woerner and Elaine V. Backman

In February 1995, the National Association for the Advancement of Colored People (NAACP), the largest civil rights organization in the United States, was in the midst of a crisis. The executive director had been fired due to financial improprieties amid charges of... View Details

Keywords: Crime and Corruption; Capital; Governance Controls; Resignation and Termination; Selection and Staffing; Rights; Leadership; Management; United States

March 2010 (Revised January 2011)
Case

Carrot or Stick? Getting Paid for Innovation at Tessera Technologies

By: Willy C. Shih

Tessera Technologies has been very successful developing technologies for the semiconductor and mobile device industry, and then licensing them broadly to manufacturers. In addition to licensing patents, it also supplies know-how to help manufacturers move into... View Details

Keywords: Business Model; Innovation Strategy; Patents; Courts and Trials; Rights; Mobile Technology; Semiconductor Industry; California

01 Oct 2001
News

Christopher Cox: Capitol Hill Intellectual

Christopher Cox In reviewing Christopher Cox's CV, one might assume that his career has been well thought out. Cox took only three years to earn a BA in English and political science at the University of Southern California; received a... View Details

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

October 2009
Journal Article

Testing the Commitment Hypothesis in Contractual Settings: Evidence from Soccer

By: Oriol Carbonell and Diego A. Comin

This paper designs and implements an empirical test to discern whether the parties to a contract are able to commit not to renegotiate their agreement. We study optimal contracts with and without commitment and derive an exclusion restriction that is useful to identify... View Details

Keywords: Contracts; Agreements and Arrangements; Research; Sports Industry; Spain

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November 2001 (Revised March 2002)
Case

Digital Angel

By: Youngme E. Moon and Kerry Herman

Digital Angel is considering the appropriate marketing plan for the launch of its new locator device. The device, a watch and pager worn in combination, provides GPS location information and monitors heart rate and body temperature via body sensors. Parents of young... View Details

Keywords: Information; Safety; Rights; Market Entry and Exit; Ethics; Product Launch; Brands and Branding; Product Development

01 May 2006
Research & Ideas

What Companies Lose from Forced Disclosure

Increased financial disclosure standards on such issues as executive compensation should provide more useful information for investors, policy makers, and regulators. But do the companies themselves benefit? What researchers are now... View Details

Keywords: by Ann Cullen; Financial Services

December 2008 (Revised February 2015)
Case

A.J. Washington: Retaining an NFL Star

By: Andrew Wasynczuk and Nicole Shae Bennett

General Manager Luke Kolville, of the Los Angeles Spartans, struggles with the best approach to negotiate a long-term contract for his star quarterback. The agent for Washington is relatively new to the industry and has his sights set particularly high. Kolville needs... View Details

Keywords: Retention; Human Capital; Contracts; Managerial Roles; Negotiation; Groups and Teams; Sports Industry; Los Angeles