Publications

May 2010
Article

Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008

By: Guhan Subramanian, Steven Herscovici and Brian Barbetta

Delaware's antitakeover statute, codified at Section 203 of the Delaware corporate code, is by far the most important antitakeover statute in the United States. When it was first enacted in 1988, three bidders challenged its constitutionality under the Commerce Clause... View Details

Keywords: Courts and Trials; Opportunities; Bids and Bidding; Laws and Statutes; Decisions; Change; Acquisition; United States

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Web

Archival Collections - A Concrete Symbol: The Building of Harvard Business School 1908-1927 – Baker Library | Bloomberg Center, Historical Collections

campus. The wealth of architectural records also includes blueprints, drawings and sketches of site plans, sections, elevations, and floor plans. Frederick Law Olmsted National Historic Site Resource Link The Archives at the Frederick... View Details

23 Oct 2000
Conference Presentation

Organizational Leadership and Decision-Making: Challenges Facing General Counsel

By: Lynn S. Paine

Keywords: Organizations; Leadership; Decision Making; Law; Problems and Challenges; Legal Services Industry

August 2023
Article

Financing the Litigation Arms Race

By: Samuel Antill and Steven R. Grenadier

Using a dynamic real-option model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous implications for total ex-post litigant surplus. A defendant and a plaintiff bargain over a settlement payment. The... View Details

Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Lawsuits and Litigation; Financing and Loans

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Article

To Drive Efforts...Don't Tiptoe Around Your Legal Risk

By: Edward Chang and Bonnie Levine

Many Diversity, Equity, and Inclusion (DEI) initiatives are scuttled because DEI leaders and legal teams feel themselves to be at odds over questions of acceptable risk. DEI leaders see lawyers as guardians of the status quo, whereas legal experts, trained to... View Details

Keywords: Diversity; Risk Management; Legal Liability

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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

July 2012
Case

El Paso's Sale to Kinder Morgan

By: John Coates, Clayton Rose and David Lane

On October 16, 2011, El Paso agreed to sell itself to Kinder Morgan for just over $21 billion. Shareholders filed suit, arguing that the process was tainted by conflict and that a higher price could be obtained. Delaware Chancellor Leo Strine agreed with the plaintiffs... View Details

Keywords: El Paso; Kinder Morgan; Goldman Sachs; Leo Strine; Conflicts Of Interest; Corporate Governance; Relationships; Lawsuits and Litigation; Energy Industry; Banking Industry; United States

August 2011 (Revised December 2013)
Supplement

Albert 'Jack' Stanley in Nigeria (B)

By: Lena G. Goldberg and Chad M. Carr

The case describes Albert "Jack" Stanley's response to actions initiated against him by the U.S. Department of Justice and the SEC. View Details

Keywords: Crime and Corruption; Moral Sensibility; Law; Value; Nigeria; United States

February 2005
Case

L. Londell McMillan (A)

On the plane back to New York City, L. Londell McMillan focused on the music on his headphones, the latest offering from his friend and long-time client, Prince Rogers Nelson--the artist known as "Prince." McMillan and Prince had spent several days contemplating a... View Details

Keywords: Contracts; Music Entertainment; Product Marketing; Music Industry

September 2002 (Revised June 2003)
Case

Cartier v. Metro

Metro, a German wholesaler, sued Cartier, a French luxury retailer, to require Cartier to honor Cartier's guarantee on its watches that Metro sold, even though Metro is not part of Cartier's selective distribution network. Is such a network incompatible with the... View Details

Keywords: Lawsuits and Litigation; Distribution Channels; Apparel and Accessories Industry; France; Germany; European Union

June 2001
Article

Playing by the Rules: How Intel Avoids Antitrust Litigation

By: David B. Yoffie and Mary Kwak

Keywords: Information Infrastructure; Lawsuits and Litigation; Computer Industry

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01 Jun 1999
News

Ian Walsh

Ian Walsh was like many other students at Hamilton College - he majored in English and biology and played hockey and lacrosse. But he and his twin brother, Eric, were in a class by themselves when it came to career plans. While their peers were preparing for jobs or... View Details

Keywords: James E. Aisner

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

14 May 2014
News

Is Bruce Rauner the Next Mitt Romney?

Keywords: Securities, Commodities, and Other Financial Investments; Finance

16 Apr 2014
News

Out of Backroom, Into Poll Ring

28 Sep 2013
News

All the Right Moves

September 2006
Tutorial

Internal Control Process - Online Tutorial

By: David F. Hawkins

Introduces the Internal Control Process by detailing its five components: 1) the internal control environment, 2) risk assessment, 3) internal control activities, 4) information and communications, and 5) monitoring. Includes multiple review exercises throughout the... View Details

Keywords: Accounting; Communication; Assets; Governance Compliance; Governance Controls; Policy; Information; Code Law; Risk Management; System; Online Technology

February 2008
Article

Attracting Skeptical Buyers: Negotiating for Intellectual Property Rights

By: James J. Anton and Dennis A. Yao

Expropriable disclosures of knowledge to prospective buyers may be necessary to facilitate the sale of intellectual property (IP). In principle, confidentiality agreements can protect disclosures by granting the seller rights to sue for unauthorized use. In practice,... View Details

Keywords: Corporate Disclosure; Intellectual Property; Knowledge Sharing; Lawsuits and Litigation; Rights; Agreements and Arrangements; Competition