Legality - Publications - Faculty & Research - Harvard Business School

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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

March 2025
Case

Harvey: AI for Lawyers

By: Suraj Srinivasan, Charles Krumholz and Radhika Kak

In early 2025, Winston Weinberg and Gabe Pereyra, co-founders of Harvey AI, reflected on the company’s meteoric rise as a pioneer in AI-powered legal technology. Since its founding in 2022, Harvey had transformed how lawyers approached research, drafting, and document... View Details

Keywords: Innovation Strategy; Business Startups; AI and Machine Learning; Technological Innovation; Growth and Development Strategy; Product Positioning; Legal Services Industry; Legal Services Industry; New York (city, NY); San Francisco; London

September 2019 (Revised December 2023)
Case

Accounting Fraud at Tesco Stores (A)

By: Jonas Heese, Suraj Srinivasan and Julia Kelley

This case describes the accounting fraud at Tesco Stores Limited (TSL), which was discovered by a senior accountant in TSL’s finance department. The accountant was concerned about TSL’s handling of commercial income, which, according to the accountant, overstated... View Details

Keywords: Accounting; Crime and Corruption; Organizational Culture; Corporate Accountability

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

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

Find at Harvard

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

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

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

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

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

The Corporate Conspiracy Vacuum

Outstanding Proceedings Award, 2015 Acad. of Legal Stud. in Bus.; Outstanding Paper, 2014 Pac. Sw. Acad. of Legal Stud. in Bus.; translation into Chinese and publication for the Chinese market. 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

Profile

Kanwaljit Bakshi

public service. She was recruited by the Department of Justice to work on computer crime in national security, but Brochu's knowledge of computer security, plus her earlier experience as a volunteer legal aid for families and children,... View Details

Keywords: Nonprofit / Government

20 Nov 2019
Video

Zia Mody

Zia Mody discusses the economics of India's legal sector.

Paper Dragon Thieves

Best Paper Award, 2016 Western Acad. of Legal Stud. in Bus.; and Ralph Bunche Outstanding Int’l Paper Award, 2016 Acad. of Legal Stud. in Bus. Basis of 2020 Doctoral Dissertation applying ideas to Scandinavia and the European Union, “Monsoon Paper Dragons,” Shruti... View Details

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

Nov 06 2018
Testimonial

Reinterpreting the Corporate Counsel's Role

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

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

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

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