Publications

December 2011
Article

Alchemy of Evidence: Mau Mau, the British Empire, and the High Court of Justice

By: Caroline Elkins

Restorative justice in various forms is a phenomenon that has swept across the globe over the last three decades. Most recently, it is unfolding in the High Court of Justice in London where five Kenyans have filed a claim against the British government, alleging that... View Details

Keywords: Colonialism; History; Lawsuits and Litigation; United Kingdom; Kenya

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Article

Will You Negotiate or Litigate?

By: Deepak Malhotra

Keywords: Negotiation; Lawsuits and Litigation

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November 2005 (Revised December 2016)
Case

Bally Total Fitness (A): The Rise, 1962–2004

By: John R. Wells, Elizabeth A. Raabe and Gabriel Ellsworth

From a single, modest club in 1962, Bally Total Fitness had grown to become—in management’s words—the “largest and only nationwide commercial operator of fitness centers” in the United States in 2004. Bally had faced its share of challenges, but the last couple of... View Details

Keywords: Bally Total Fitness; Fitness; Gyms; Health Clubs; Chain; Securities And Exchange Commission; Paul Toback; Weight Loss; Exercise; Contracts; Personal Training; Retention; Accounting; Accounting Audits; Accrual Accounting; Finance; Advertising; Business Growth and Maturation; Business Model; For-Profit Firms; Customers; Customer Satisfaction; Public Equity; Financing and Loans; Revenue; Revenue Recognition; Geographic Scope; Multinational Firms and Management; Health; Nutrition; Business History; Lawsuits and Litigation; Management; Business or Company Management; Goals and Objectives; Growth and Development Strategy; Marketing; Operations; Service Delivery; Service Operations; Public Ownership; Problems and Challenges; Business and Shareholder Relations; Business Strategy; Competition; Corporate Strategy; Expansion; Segmentation; Trends; Cost Management; Profit; Growth and Development; Leadership Style; Five Forces Framework; Private Ownership; Opportunities; Motivation and Incentives; Competitive Strategy; Health Industry; United States; Illinois; Chicago

13 Sep 2016
First Look

September 13, 2016

of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE litigation can reduce infringement and support small inventors. However, the model also shows that as NPEs become effective at bringing... View Details

September 2002 (Revised July 2003)
Case

Silhouette v. Hartlauer

Silhouette, an Austrian eyeglass frame manufacturer, sued Hartlauer, an Austrian retail discounter, for reselling Silhouette frames within the European Union (EU) that Hartlauer had purchased outside the EU. Does the EU follow the principle of exhaustion of trademarks? View Details

Keywords: Lawsuits and Litigation; Trademarks; Manufacturing Industry; Apparel and Accessories Industry; European Union

October 1987 (Revised August 1998)
Supplement

CVD, Inc. vs. A.S. Markham Corp. (B)

Contains a list of six questions that the jury was required to answer in order to deliver a verdict. View Details

Keywords: Judgments; Lawsuits and Litigation

Article

Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers

By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos

Cash-for-information whistleblower programs have gained momentum as a regulatory tool to enforce corporate misconduct. Yet, little is known about how financial incentives affect whistleblowers’ decisions to report potential misconduct to authorities. Similarly, there... View Details

Keywords: Corporate Misconduct; Whistleblowers; Financial Incentives; Ethics; Governance Compliance; Lawsuits and Litigation

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July 2024
Article

Buying the Verdict

By: Lauren Cohen and Umit Gurun

We document evidence that firms systematically increase specialized, locally targeted advertising following the firm being taken to trial in that given location, precisely following initiation of the suit. In particular, we use legal actions brought against publicly... View Details

Keywords: Lawsuits and Litigation; Advertising; Marketing Strategy

12 Jul 2004
Research & Ideas

Michael Porter’s Prescription For the High Cost of Health Care

claims. This practice, known as "re-underwriting," negates the purpose of health insurance and must be eliminated. Fewer Lawsuits. Malpractice litigation and the associated defensive medical practices inflict huge costs on... View Details

Keywords: by Michael E. Porter; Health

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

October 2016 (Revised September 2017)
Case

The CRISPR-Cas9 Quarrel

By: Richard G. Hamermesh and Matthew G. Preble

In mid-2016, the Broad Institute and the University of California, Berkeley were in the middle of a contentious patent dispute over which entity controlled a breakthrough gene editing technology called CRISPR-Cas9. With CRISPR-Cas9, scientists might soon be able to... View Details

Keywords: CRISPR; Broad Institute; University Of California Berkeley; Intellectual Property; Patents; Law; Lawsuits and Litigation; Science; Genetics; Entrepreneurship; Biotechnology Industry; United States

Article

Contested Meanings of Freedom: Workingmen's Wages, the Company Store System and the Godcharles v. Wigeman Decision

By: Laura Phillips Sawyer

In 1886, the Pennsylvania Supreme Court struck down a law that prohibited employers from paying wages in company store scrip and mandated monthly wage payments. The court held that the legislature could not prescribe mandatory wage contracts for legally competent... View Details

Keywords: Wages; Rights; Fairness; Lawsuits and Litigation; Laws and Statutes; Pennsylvania

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29 Sep 2011
Sharpening Your Skills

Sharpening Your Skills: Leveraging Intellectual Property

a cure-all, but rather as a tool with both strengths and weaknesses. The increasing use of patent pools to share technology is one method for firms to avoid costly litigation arising from overlapping patent awards. How Should I Think... View Details

Keywords: Re: Multiple Faculty

14 Jun 2016
First Look

June 14, 2016

Behavior and Impact of Patent Trolls: A Survey By: Cohen, Lauren, Umit Gurun, and Scott Duke Kominers Abstract—We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both... View Details

Keywords: Sean Silverthorne

March 2020
Case

Aereo

By: Thomas R. Eisenmann and Jacey Taft

Aereo aimed to disrupt television program distribution by providing consumers access to local broadcast TV programming using offsite antennas, cloud-based DVRs, and an Internet connection. With Aereo, consumers could “cut the cord” and avoid the high cost of a cable TV... View Details

Keywords: Entrepreneurship; Failure; Lawsuits and Litigation; Internet and the Web; Media; Entertainment and Recreation Industry; United States

April 2008 (Revised August 2008)
Supplement

AT&T v. Microsoft (B): District Court Ruling and Appeal

By: Willy C. Shih

The (B) case follows the course of Microsoft's settlement with AT&T, and its appeal in the issue of foreign replicated software that eventually goes to the U.S. Supreme Court. It is intended for follow-up the discussion of the (A) case with what happened, examining a... View Details

Keywords: Patents; Lawsuits and Litigation; Conflict and Resolution; Competitive Strategy; Technology Industry