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2024
Book

Deals: The Economic Structure of Business Transactions

By: Guhan Subramanian and Michael Klausner

Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.

Business transactions take widely varying forms—from multibillion-dollar... View Details

Keywords: Negotiation; Contracts

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2024
Article

Half the Firms, Double the Profits: Public Firms' Transformation, 1996–2022

By: Mark J. Roe and Charles C.Y. Wang

The number of public firms in the United States has halved since the beginning of the twenty-first century, causing consternation among corporate and securities law regulators. The dominant explanations, often advanced by Securities and Exchange commissioners when... View Details

Keywords: Corporate Law; Securities Regulation; Sarbanes-Oxley Act; Concentration Levels; Antitrust; Initial Public Offering; Public Ownership; Private Equity; Venture Capital; Mergers and Acquisitions; Monopoly; United States

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September 2023
Teaching Note

Patagonia: 'Earth Is Now Our Only Shareholder'

By: Brian Trelstad, Nien-hê Hsieh, Michael Norris and Susan Pinckney

Teaching Note for HBS Case No. 323-057. Patagonia’s change of ownership from a privately held company to a perpetual purpose trust and 501(c)(4) nonprofit in order to use the company’s profit to fight the environmental crisis and be a model for future businesses. View Details

March 2023 (Revised September 2023)
Case

Patagonia: 'Earth Is Now Our Only Shareholder'

By: Brian Trelstad, Nien-hê Hsieh, Michael Norris and Susan Pinckney

In September 2022, Yvon Chouinard, the iconoclastic founder of outdoor apparel company Patagonia, announced a new ownership model for his company. Chouinard and his family had held complete control of the company's voting and non-voting stock since its founding 50... View Details

November 2018 (Revised January 2019)
Module Note

Responsibilities to Investors (Abridged)

By: Lena G. Goldberg and Joseph L. Badaracco

This note focuses on managers’ responsibilities—economic, legal, and ethical—to investors. In capitalist and some socialist economies, these responsibilities traditionally have been grounded in fiduciary duties and are typically part of the common law or statutory law... View Details

Keywords: Responsibilities To Investors; Investors; Responsibility; Business and Shareholder Relations; Management; Ethics

2018
Chapter

The Orphan Drug Act at 35: Observations and an Outlook for the Twenty-First Century

By: Nicholas Bagley, Benjamin Berger, Amitabh Chandra, Craig Garthwaite and Ariel Dora Stern

On the 35th anniversary of the adoption of the Orphan Drug Act (ODA), we describe the enormous changes in the markets for therapies for rare diseases that have emerged over recent decades. The most prominent example is the fact that the profit-maximizing price of new... View Details

Keywords: Health Care and Treatment; Laws and Statutes; Research and Development; Investment; Markets; Monopoly

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April 2017
Article

Private Equity and Industry Performance

By: Shai Bernstein, Josh Lerner, Morten Sorensen and Per Stromberg

The growth of the private equity industry has spurred concerns about its potential impact on the economy more generally. This analysis looks across nations and industries to assess the impact of private equity on industry performance. Industries where PE funds have... View Details

Keywords: Private Equity; Markets; Entrepreneurship; Performance; Economy

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2015
Case

Advanced Leadership Pathways: Paul Lee and Asian Americans Advancing Justice

By: Rosabeth Moss Kanter, Frank Jerome LaNasa and Ai-Ling Jamila Malone

Paul Lee and Asian Americans Advancing Justice 2013 AL Fellow, 2014 Senior AL Fellow
Two years after the formation of the Asian Americans Advancing Justice (AAAJ), a national affiliation of four independent Asian American civil rights groups, Paul Lee, who... View Details

Keywords: Leadership Skills; Asian; Asian Americans; Asian Americans Advancing Justice; Civil Rights; Asian Law Caucus; Asian Pacific American Legal Center; Asian American Institute; Asian American Justice Center; Immigration Issues; Immigration Reform; Affirmative Action; Coalition; Asian American Activism; Japanese; Chinese; Korean; Indian; Pakistani; Hmong; Cambodian; Laotians; Filipino; Vietnamese; Pacific Islanders; Ethnic Group; Model Minority; Anti-asian Prejudice; Pan-asian; Discrimination; Immigrants; Immigration Acts; Alien Land Laws; Sei Fujii; Naturalize; Interracial; Immigration And Nationality Act Of 1965; Refugees; War; Warfare; Vincent Chin; Bigotry; Chinatown; Boston; Social Impact; Asian American Lawyers Association; National Asian Pacific Bar Association; Asian Community Development Corporation; Asian Task Force Against Domestic Violence; Southeast Asia; Mee Moua; Change Management; Demographics; Prejudice and Bias; Rights; Immigration; Leadership; Problems and Challenges; Society; North and Central America

Article

The Price Impact of Joining a Currency Union: Evidence from Latvia

By: Alberto Cavallo, Brent Neiman and Roberto Rigobon

Does membership in a currency union matter for a country’s international relative prices? The answer to this question is critical for thinking about the implications of joining (or exiting) a common currency area. This paper is the first to use high-frequency... View Details

Keywords: Currency Union; Exchange Rate; Law Of One Price; Currency Exchange Rate; Price; Latvia

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Article

Currency Unions, Product Introductions, and the Real Exchange Rate

By: Alberto Cavallo, Brent Neiman and Roberto Rigobon

We use a novel dataset of online prices of identical goods sold by four large global retailers in dozens of countries to study good-level real exchange rates and their aggregated behavior. First, in contrast to the prior literature, we demonstrate that the law of one... View Details

Keywords: Currency Union; Law Of One Price; International Prices; Global Firm; Currency Exchange Rate; Price; International Finance

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Summer 2013
Article

Strategic Management of Intellectual Property: An Integrated Approach

By: William W. Fisher III and Felix Oberholzer-Gee

In many organizations, the R&D, strategy, and legal functions are poorly integrated. As a consequence, firms miss opportunities to create and exploit the value of intellectual property. Functional silos are one reason for the lack of integration. More important,... View Details

Keywords: Innovation Management; Strategic Management; Legal Aspects Of Business; Licensing; Law; Innovation and Management; Knowledge Management; Intellectual Property; Business Strategy

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April 2013
Article

What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators

By: James K. Sebenius

Roger Fisher, who died in 2012, enjoyed a remarkable career that modeled one way that an academic, especially in a professional school such as law or business, could make a significant, positive, and lasting difference in the world. Distinctive aspects of his career... View Details

Keywords: Bargaining; Conflict Resolution; Dealmaking; Negotiation; Personal Development and Career; Conflict and Resolution

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2009
Working Paper

Private Equity and Industry Performance

By: Josh Lerner

The growth of the private equity industry has spurred concerns about its potential impact on the economy more generally. This analysis looks across nations and industries to assess the impact of private equity on industry performance. Industries where PE funds have... View Details

Keywords: Private Equity; Investment; Common Law; Industry Growth; Performance Productivity; Europe; United Kingdom; United States

October 2006 (Revised March 2009)
Case

Clifford Chance: Repotting the Tree

By: Arthur I Segel, A. Eugene Kohn and Nhat Minh Nguyen

Clifford Chance, LLP, a global law firm headquartered in London, needs to make a decision whether to stay in the central business district of London or move to a redeveloped business park at Canary Wharf, three miles outside of central London. Peter Charleton, head of... View Details

Keywords: Buildings and Facilities; Business Headquarters; Decision Choices and Conditions; Geographic Location; Logistics; London

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August 2005 (Revised April 2015)
Background Note

Employment At Will: A Legal Perspective

By: Lynn S. Paine and Christopher M. Bruner

Provides a brief overview of the employment-at-will doctrine, an important concept unique to the U.S. legal system and business landscape. Briefly surveys the history and development of this doctrine and certain limitations and exceptions to it, as well as some of the... View Details

Keywords: Business History; Resignation and Termination; Employment; Common Law; Laws and Statutes; Business and Government Relations; United States

November 2004 (Revised January 2006)
Case

Martha Stewart (A)

By: Lynn S. Paine and Christopher Bruner

Explores Martha Stewart's December 2001 sale of ImClone Systems common stock, the ensuing federal investigations into possible insider trading, and Stewart's criminal prosecution and sentencing. Discusses the impact of publicity on Stewart's company, Martha Stewart... View Details

Keywords: Capital Markets; Corporate Governance; Financial Markets; Management Teams; Law; Government and Politics

September 2004 (Revised April 2005)
Background Note

Note on Individual and Corporate Liability

By: Lynn S. Paine

Answers some of the most common questions managers ask about potential corporate and individual liability for corporate misconduct under U.S. law. Describes a few general principles of liability that managers should be aware of. A rewritten version of an earlier note. View Details

Keywords: Corporate Accountability; Legal Liability

2004
Working Paper

Regulation and Reaction: The Other Side of Free Banking in Antebellum New York

By: David A. Moss and Sarah Brennan

Free banking, which first appeared in the United States in the late 1830s, comprised two essential features: general incorporation for banks and rigorous security requirements for note issue. Because the general incorporation feature is what allowed free entry, it has... View Details

Keywords: History; Law; Competition; Financial Liquidity; Money; Market Entry and Exit; Financing and Loans; Banks and Banking; Banking Industry

December 2003 (Revised November 2015)
Background Note

The Fiduciary Relationship: A Legal Perspective

By: Lynn Sharp Paine

Discusses the concept of a fiduciary, as developed in the Anglo-American common law tradition, and outlines the principal differences between the legal standard applied to fiduciaries compared to ordinary arms'-length contractors. View Details

Keywords: Ethics; Assets; Financial Management; Common Law; Standards

July 2003
Background Note

Expropriation in International Business

By: Geoffrey G. Jones and Meghan Gallagher-Kernstine

Covers several important expropriation cases in international business from the 20th century and highlights the legal and political difficulties these companies faced. Serves to explain expropriation, to stress the vulnerability of foreign direct investments to... View Details

Keywords: Foreign Direct Investment; Global Strategy; Government and Politics; Common Law; Risk Management; Property; Risk and Uncertainty

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