Publications

February 2000 (Revised August 2005)
Case

Deep Sight Technology, Inc.

By: Henry B. Reiling and Catherine M. Conneely

The founders of a deep sea technology company must refine their tentative capital structure and founders agreement in response to tax factors. Some parties are conveying partnership assets, others are conveying rights to an invention, another will be primarily... View Details

Keywords: Contracts; Agreements and Arrangements; Capital Structure; Alliances; Taxation; Entrepreneurship; Technology Industry

January 1998
Case

From Wall Street to Main Street: Morgan Stanley, Dean Witter, Discover & Co.

By: James K. Sebenius and David T. Kotchen

Designed as a follow-up to Morgan Stanley and S.G. Warburg: Investment Bank of the Future (A). View Details

Keywords: Negotiation; Valuation; Investment Banking; Mergers and Acquisitions; Banking Industry; Financial Services Industry

Find at Harvard

September 1996 (Revised December 2000)
Background Note

Protection of Intellectual Property in the United States, The

By: Myra M. Hart and Howard G. Zaharoff

Presents an overview of U.S. laws/systems in place to safeguard intellectual property rights. Includes a brief history of the development of the laws. Attention is given to patents, licenses, copyrights, trade secrets, trade and service markets, and non-disclosure and... View Details

Keywords: Trademarks; Patents; Copyright; Laws and Statutes; Agreements and Arrangements; United States

12 Feb 2008
First Look

First Look: February 12, 2007

industries may split apart. Untapped Potential in the Study of Negotiation and Gender Inequality in Organizations Authors:Hannah Riley Bowles and Kathleen L. McGinn Periodical:Academy of Management Annals, Vol. 2, Psychology Press,... View Details

Keywords: Martha Lagace

19 Jan 2011
First Look

First Look: Jan. 18

exporter, had thus far avoided public scrutiny. The company was a key source of employment in many rural communities, had extensive experience negotiating the complex Indonesian regulatory environment, and was moving to certify its... View Details

Keywords: Sean Silverthorne

28 Sep 2010
First Look

First Look: September 28, 2010

which specified that the label would receive a percentage of all of the artist's revenue streams, including recorded music, concert/ticket sales, merchandising, commercial licensing, sponsorships, and endorsements. Negotiations have... View Details

Keywords: Sean Silverthorne

April 1975 (Revised December 1975)
Case

Sorensen Chevrolet File, The

Concerns the settlement of an automobile insurance claim. A woman, blinded in an accident, alleges that approximate cause of the accident was failure by Sorensen Chevrolet to connect the left headlight of her car. The student is asked for a strategy for settling the... View Details

Keywords: Strategy; Negotiation; Insurance; Lawsuits and Litigation; Legal Liability; Insurance Industry; Auto Industry

Forthcoming
Article

Weak Credit Covenants

By: Victoria Ivashina and Boris Vallée

Using novel data on 1,240 credit agreements, we investigate sources of contractual complexity in the leveraged loan market. While negative covenants are widespread, carve-out and deductible clauses that qualify them are as frequent. We propose simple and comprehensive... View Details

Keywords: Leveraged Loans; Loan Contracts; Debt Covenants; Carve-out; Creditor Governance; LBO; Credit; Agreements and Arrangements; Leveraged Buyouts

Read Now

May 1988 (Revised November 1990)
Case

Airbus vs. Boeing (B): The Storm Intensifies

By: Malcolm S. Salter

Discusses the growing competition faced by U.S. producers of civil aircraft due to the success and expanding product line of Airbus Industries. Designed to foster discussion of international trade policy as it affects producers in the industry and to encourage firm... View Details

Keywords: Trade; Policy; Negotiation; Competition; Competitive Strategy; Aerospace Industry; United States

October 2017
Teaching Note

Canadian Pacific's Bid for Norfolk Southern

By: Benjamin C. Esty and E. Scott Mayfield

Teaching Note for HBS No. 216-057. View Details

Keywords: Capital Structure; Cash Flow; Cost of Capital; Financial Strategy; Investment Activism; Bids and Bidding; Negotiation Offer; Corporate Strategy; Rail Transportation; Mergers and Acquisitions; Transformation

April 2016
Supplement

Canadian Pacific's Bid for Norfolk Southern Spreadsheet Supplement

By: Benjamin C. Esty and Scott Mayfield

In December 2015, Canadian Pacific Railroad (CPR) has just made its third bid to acquire Norfolk Southern Corporation (NSC), one of the largest railroads in the United States. Having rejected the prior offers, NSC’s CEO James Squires and the NSC board must now value... View Details

Keywords: Capital Structure; Cash Flow; Cost of Capital; Financial Strategy; Investment Activism; Bids and Bidding; Negotiation Offer; Corporate Strategy; Rail Transportation; Mergers and Acquisitions; Transformation; United States; Canada

2008
Working Paper

Can the Virtuous Mouse and the Wealthy Elephant Live Happily Ever After?

By: James E. Austin and Herman B. Leonard

What happens when small iconic socially-oriented businesses are acquired by large corporations? Such mergers create significant opportunities for creating both business value and substantially expanded social value, but also pose unusually difficult challenges because... View Details

Keywords: Mergers and Acquisitions; Management Style; Agreements and Arrangements; Social Enterprise; Social Issues

Read Now

December 1997 (Revised August 1998)
Case

Shanghai Real Estate (A)

By: Lynn S. Paine and Harold F. Hogan Jr

An independent consultant from the United States must decide what to do when faced with his client's apparent violation of an agreement with a third party. The consultant is American, the client is a Chinese real estate developer, and the third party is a French... View Details

Keywords: Ethics; Contracts; Cross-Cultural and Cross-Border Issues; Law; Agreements and Arrangements; Alliances; Corporate Accountability; Consulting Industry; Real Estate Industry; China; United States; France

04 Jul 2005
Research & Ideas

Should You Outsource Your Marketing?

and competencies that are not always resident within a firm. This challenge requires negotiation and communications skills as well as a strong ability to project manage several elements of various marketing campaigns. Q: Is there a tie... View Details

Keywords: by Poping Lin

21 Oct 2008
First Look

First Look: October 21, 2008

http://www.hbsp.harvard.edu/b01/en/common/item_detail.jhtml?id=509022 Wyoff and China-LuQuan: Negotiating a Joint Venture (B) Harvard Business School Supplement 909-014 Through stalled joint venture talks between Pennsylvania-based Wyoff... View Details

Keywords: Martha Lagace

29 Apr 2019
Research & Ideas

Is the Digital Age Making Us Petty?

really exacting and precise,” Zhang says. “There’s some research by colleagues at Columbia showing that giving precise offers, in contract negotiations for instance, can lead to beneficial monetary outcomes for the offer maker.” “When... View Details

Keywords: by Kristen Senz

May 2011
Article

Institutional Stock Trading on Loan Market Information

By: Victoria Ivashina and Zheng Sun

Over the past decade, one of the most important developments in the corporate loan market has been the increasing participation of institutional investors in lending syndicates. As lenders, institutional investors routinely receive private information about borrowers.... View Details

Keywords: Stocks; Financing and Loans; Negotiation; Investment Portfolio; Investment Return

June 2002
Background Note

Note on the Value of Life

By: Michael A. Wheeler and Carlos Gonzalez

This case summarizes how American courts measure damages in wrongful death suits. Various standards are compared, as are their implications for business management. View Details

Keywords: Judgments; Courts and Trials; Business or Company Management; Standards; Negotiation; United States