Publications

SSRN

07 Jul 2020
Blog Post

The JD/MBA Seminar: The Perfect Practice Ground

program—some focus more on the law and its effects on how business is conducted, while others approach their topics from a business-first standpoint, analyzing how businesses are impacted by the positive or... View Details

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

31 Jul 2019
News

Honoring the Code

law is going to be, I'm going to carry it out. “But in 2008, I'm now chairman, much different from 1993 when I wasn't involved. It just struck me that I'm leading an institution whose main value is integrity. View Details

December 2014 (Revised April 2016)
Module Note

Responsibilities to Employees

By: Nien-he Hsieh

The note provides a framework to conceptualize managers' responsibilities to employees in relation to economic, legal and ethical considerations. The note frames the central ethical challenge for managers as exercising power in a fair manner. The fair exercise of power... View Details

Keywords: Leadership & Corporate Accountability; Legal Aspects Of Business; Responsibility; Ethics; Fairness; Employees; Decision Making; Leadership; Jobs and Positions; Labor; Law

2014
Working Paper

The Contract Year Phenomenon in the Corner Office: An Analysis of Firm Behavior During CEO Contract Renewals

By: Ping Liu and Yuhai Xuan

This paper investigates how executive employment contracts influence corporate financial policies during the final year of the contract term, using a new, hand-collected data set of CEO employment agreements. On the one hand, the impending expiration of fixed-term... View Details

Keywords: Management Style; Contracts; Behavior; Employment

04 Oct 2004
What Do You Think?

Does Speed Trump Intellectual Property?

intellectual property? Does it discourage innovation by limiting the rewards to such efforts? Should it be discouraged by either new laws or the more diligent application of existing ones? Or does it provide a spur to the development of... View Details

Keywords: by James Heskett

fall 2007
Article

The Design of Patent Pools: The Determinants of Licensing Rules

By: Josh Lerner, Marcin Strojwas and Jean Tirole

Patent pools are an important but little-studied economic institution. In this paper, we first make a set of predictions about the licensing terms associated with patent pools. The theoretical framework predicts that (a) pools consisting of complementary patents are... View Details

Keywords: Governing Rules, Regulations, and Reforms; Collaborative Innovation and Invention; Patents; Rights

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February 1995 (Revised July 1995)
Case

Power Play (A): Nintendo in 8-bit Video Games

The home video-game industry began in 1972 with the founding of Atari. After riding a dramatic boom and bust in the early 1980s, most players left the business. Nintendo of Japan then rebuilt the industry--establishing a commanding worldwide position by the end of the... View Details

Keywords: Value Creation; Lawfulness; Competitive Advantage; Monopoly; Video Game Industry; Japan

October 2014
Technical Note

Legal Hazards of Product Launches

By: Lena Goldberg and Annelena Lobb

This note considers common legal pitfalls associated with the launch of new products. A series of questions are presented that companies poised to launch a product should keep in mind. Questions about advertising, pricing, and branding are explored, as well as who in a... View Details

Keywords: Entrepreneurship; Product Launch; Legal Liability

June 2022 (Revised January 2023)
Case

South Africa – a 'Just Energy Transition'

By: Richard Vietor

South Africa, like most other countries, is in the process of reducing its carbon emissions to comply with COP26 and, hopefully, reach net zero emissions by 2050. However, because South Africa relies almost wholly on coal (93%) for electricity, and on coal for... View Details

Keywords: Energy; Economic Development; Climate Change; Coal Mining; Emission Reduction; Environmental Regulation; Environmental Sustainability; Environmental Law; Labor and Management Relations; Labor Unions; Natural Resources; Energy Policy; Energy Sources; South Africa

Article

Matching in Networks with Bilateral Contracts

By: John William Hatfield and Scott Duke Kominers

We introduce a model in which firms trade goods via bilateral contracts which specify a buyer, a seller, and the terms of the exchange. This setting subsumes (many-to-many) matching with contracts, as well as supply chain matching. When firms' relationships do not... View Details

Keywords: Contracts; Market Design; Marketplace Matching; Supply Chain

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October 2015 (Revised September 2016)
Technical Note

Flight: Now without Humans Aboard

By: Mitchell Weiss, Karim Lakhani, HT Kung and Kerry Herman

This note provides an overview of the unmanned aerial vehicles (UAVs, or drones) industry in September 2015. UAVs offered many potential applications in industries as diverse as aerial imaging and photography, agriculture, construction, infrastructure inspection and... View Details

Keywords: Public Entrepreneurship; Drones; Entrepreneurship; Business Startups; Product Design; Research and Development; Technological Innovation; Rights; Ethics; Strategy; Transportation Networks; Market Entry and Exit; Innovation and Management; European Union; Asia; United States

2008
Working Paper

Nameless + Harmless = Blameless: When Seemingly Irrelevant Factors Influence Judgment of (Un)ethical Behavior

By: Francesca Gino, Lisa L. Shu and Max H. Bazerman

People often make judgments about the ethicality of others' behaviors and then decide how harshly to punish such behaviors. When they make these judgments and decisions, sometimes the victims of the unethical behavior are identifiable, and sometimes they are not. In... View Details

Keywords: Decision Choices and Conditions; Judgments; Ethics; Law; Behavior; Cognition and Thinking; Prejudice and Bias

12 Aug 2002
Research & Ideas

‘Let the Buyer Beware’ Doesn’t Protect Investors

regulations become protection for them against legal liability. This occurs in two ways: (1) those actions not proscribed by law are presumably legal, and ways to mislead buyers are continually being... View Details

Keywords: by D. Quinn Mills

2016
Working Paper

The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms

By: Anywhere Sikochi

I document the causal link between shareholder litigation risk and cross-listed firms’ information environment by exploiting a quasi-natural experiment in the form of a reduction in litigation risk resulting from the 2010 Supreme Court ruling in Morrison v. National... View Details

Keywords: Cross-listing; Information Environment; Shareholder Litigation Risk; D＆O Insurance; Risk and Uncertainty; Lawsuits and Litigation; Business and Shareholder Relations

22 Jul 2014
First Look

First Look: July 22

firms is significantly lower than that of comparable U.S. firms and that the difference depends on the firm's home country characteristics. Foreign firms from countries with a weak rule of law are less... View Details

Keywords: Sean Silverthorne

January 2019
Case

Accenture's Code of Business Ethics

By: Eugene Soltes

Leaders of Accenture’s compliance and ethics program are seeking to design a new code of business ethics for its global workforce of over 400,000 employees. The case explores the decision-making process that went into the design process and ultimately how they created... View Details

Keywords: Code Of Conduct; Compliance; Ethics; Law; Leadership; Governance Compliance

01 Jun 2016
News

In My Humble Opinion: Julie Bishop (AMP 151, 1996)

Julie Bishop (AMP 151, 1996) was 18 years into a successful legal career at a law firm in Perth, Western Australia, when she came to HBS. Bishop, who describes the AMP program as a time of “reflection, learning, View Details

Keywords: Julia Hanna; photography by X99/Zuma

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