Publications

2008
Simulation

DEC v. Riverside

By: David A. Lax, James K. Sebenius, Lawrence Susskind and Thomas Weeks

Riverside Lumber is a pulp manufacturer in a small town in the Pacific Northwest. Riverside regularly dumps effluent into a nearby river. The Division of Environmental Conservation (DEC) claims that the effluent is toxic and jeopardizes the local salmon catch.... View Details

Keywords: Competition; Conflict Management; Cooperation; Courts and Trials; Decision Choices and Conditions; Natural Environment; Negotiation; Pulp and Paper Industry; Northwestern United States

March 2025 (Revised April 2025)
Case

WallStreetBets: Democratizing Retail Investing

By: Joseph Pacelli and Alexis Lefort

In summer 2024, Jaime Rogozinski anticipated the launch of a day-trading eSports event, a vision he had nurtured for years. Rogozinski, the founder of the influential subreddit WallStreetBets (WSB), created the forum in 2012 as a space for retail traders to explore... View Details

Keywords: Investment; Emerging Markets; Market Participation; Financial Strategy; Lawsuits and Litigation; Social and Collaborative Networks; Financial Markets; Financial Services Industry; United States

June 12, 2023
Article

The Limits of Capacity Building for Investment Contract Negotiations

By: Karl P. Sauvant, Vanessa Sze Wai Tsang and Louis T. Wells

Developing countries must negotiate the best possible investment contracts with foreign investors at the outset. Donor organizations regularly push for “capacity building” to create technical expertise for negotiations within host country governments. But building and... View Details

Keywords: International Finance; Contracts; Negotiation

SSRN

February 1998 (Revised December 1998)
Case

Atlantic Energy/Delmarva Power & Light (A)

By: Benjamin C. Esty, Mathew M Millett and Tracy Aronson

Delmarva Power & Light and Atlantic Energy are neighboring electric utilities based in Delaware and New Jersey, respectively. In early 1996, they entered into merger negotiations, but were unable to reach an agreement on price because they could not agree on what... View Details

Keywords: Valuation; Negotiation Offer; Government Legislation; Risk and Uncertainty; Mergers and Acquisitions; Contracts; Utilities Industry; Delaware; New Jersey

Find at Harvard

July 2011
Background Note

Just an MOU or a Real Deal?

By: Lena G. Goldberg and Mary Beth Findlay

Notwithstanding the professed intention of a party to an MOU, a "preliminary" agreement can have binding effect. This note explores the circumstances under which MOUs may give rise to binding and enforceable agreements. View Details

Keywords: Curriculum and Courses; Contracts; Legal Liability; Management; Risk Management

August 2012
Supplement

Albert 'Jack' Stanley in Nigeria (C)

By: Lena G. Goldberg and Annelena Lobb

The international joint venture that successfully bid for $6 billion in contracts to build LNG trains on Nigeria's Bonny Island became entangled in a widening bribery and corruption probe triggered by an unrelated accusation against an employee of one of the JV... View Details

Keywords: Ethics; Crime and Corruption; Cross-Cultural and Cross-Border Issues; Governance Compliance; Law; Joint Ventures; Business Subsidiaries; Government Legislation; Rail Industry; Nigeria; United States; United Kingdom

June 2013
Article

What Is Privacy Worth?

By: Alessandro Acquisti, Leslie K. John and George Loewenstein

Understanding the value that individuals assign to the protection of their personal data is of great importance for business, law, and public policy. We use a field experiment informed by behavioral economics and decision research to investigate individual privacy... View Details

Keywords: Safety; Rights; Valuation; Ethics; Identity

Find at Harvard

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

22 Aug 2006
First Look

First Look: August 22, 2006

business in the early 21st century: to promote economic growth; to protect workers; to promote consumer welfare, and to promote public welfare. Other major economic powers tend to have laws that promote... View Details

Keywords: Martha Lagace

2016
Working Paper

Who Pays for White-Collar Crime?

By: Paul Healy and George Serafeim

Using a proprietary dataset of 667 companies around the world that experienced white-collar crime, we investigate what drives punishment of perpetrators of crime. We find a significantly lower propensity to punish crime in our sample, where most crimes are not reported... View Details

Keywords: Crime; Gender Bias; Women; Women Executives; Corruption; Legal Aspects Of Business; Firing; Human Capital; Human Resource Management; Prejudice and Bias; Crime and Corruption; Judgments; Law Enforcement; Human Resources; Corporate Governance; Gender

SSRN

Article

Towards a Bill of Rights for Online Advertisers

By: Benjamin Edelman

Online advertising presents remarkable efficiencies—better targeting, improved measurement and greater return on investment. Yet there are challenges, particularly when networks of intermediaries place ads through convoluted relationships, and all the more so when... View Details

Keywords: Online Advertising; Rights; Measurement and Metrics; Investment Return; Negotiation; Networks; Problems and Challenges; Performance Efficiency; Law; Advertising Industry

07 Aug 2007
First Look

First Look: August 7, 2007

Working PapersThe New Market for Federal Judicial Law Clerks Authors:Christopher Avery, Christine Jolls, Richard Posner, and Alvin E. Roth Abstract In the past, judges have often hired applicants for... View Details

Keywords: Martha Lagace

March 2010 (Revised January 2012)
Case

Microsoft's IP Ventures

By: Josh Lerner and Ann Leamon

Microsoft's IP Ventures program, through which Microsoft spun out promising but unused technologies into new companies, is a new approach to corporate venture capital. The program provides "IP for equity" and has proven very successful in achieving its main... View Details

Keywords: Corporate Entrepreneurship; Venture Capital; Equity; Financing and Loans; Investment; Intellectual Property; Rights; Software; Washington (state, US)

November 2010
Supplement

Esquel Group: Building a Sustainable Partnership with Cotton Farmers in Xinjiang (B)

By: James K. Sebenius and Jason Cheng Qian

Details and evaluates results in Esquel's 2002 initiative to negotiate long-term partnerships with often-exploited farmers in Xinjiang (western China) to procure a superior cotton variety. View Details

Keywords: Contracts; Agreements and Arrangements; Corporate Social Responsibility and Impact; Outcome or Result; Leasing; Business and Community Relations; Business and Government Relations; Partners and Partnerships; Agriculture and Agribusiness Industry; Agriculture and Agribusiness Industry; Agriculture and Agribusiness Industry; Hong Kong; Xinjiang Uygur Zizhiqu

September 2019 (Revised May 2020)
Supplement

Keroche (C): The Excise Tax Increase

By: Ramon Casadesus-Masanell and Pippa Tubman Armerding

This case discusses the Kenyan government’s decision to increase excise taxes on wines in 2007. The tax increase would cause an average increase in price of 367% on Keroche’s fortified wines. Meanwhile, Keroche’s competitor EABL had effectively lobbied the government... View Details

December 2019 (Revised December 2021)
Supplement

Negotiating for Equal Pay: The U.S. Women's National Soccer Team (B)

By: Christine Exley, John Beshears, Manuela Collis and Davis Heniford

Supplements the (A) case and describes the events following it View Details

Keywords: Equal Pay; Negotiation; Compensation and Benefits; Equality and Inequality; Gender; Prejudice and Bias; Ethics; Negotiation Tactics; Corporate Governance; Lawsuits and Litigation; Sports; Sports Industry; United States

2024
Working Paper

The Efficiency of Patent Litigation

By: Samuel Antill, Murat Alp Celik, Xu Tian and Toni M. Whited

How efficient is the U.S. patent litigation system? We quantify the extent to which the litigation system shapes innovation using a novel dynamic model, in which heterogeneous firms innovate and face potential patent lawsuits. We show that the impact of a litigation... View Details

Keywords: Innovation and Invention; Lawsuits and Litigation; Growth and Development; Welfare; Patents

SSRN

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

January 2018 (Revised August 2018)
Supplement

Fair Value Accounting at Noble Group (B)

By: Siko Sikochi, Suraj Srinivasan and Quinn Pitcher

Following a series of reports by Iceberg Research alleging that Noble Group was too aggressive in its fair value accounting for contracts and investments in producers, Noble’s stock price continued to fall and stakeholders began to call for improved transparency in... View Details

Keywords: Fair Value Accounting; Contracts; Valuation