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July 2024
Article

Buying the Verdict

By: Lauren Cohen and Umit Gurun

We document evidence that firms systematically increase specialized, locally targeted advertising following the firm being taken to trial in that given location, precisely following initiation of the suit. In particular, we use legal actions brought against publicly... View Details

Keywords: Lawsuits and Litigation; Advertising; Marketing Strategy

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June 2024
Case

Caesars Entertainment: Governance on the Road to Bankruptcy

By: Kristin Mugford

Caesars Entertainment was a large casino operator in the United States that had been purchased in a 2008 leveraged buyout by Apollo and TPG. In January 2015, Caesars Entertainment Operating Company (CEOC), its largest subsidiary, filed for Chapter 11. This set up a... View Details

Keywords: Gaming; Chapter 11; Fraudulent Conveyance; Apollo; TPG; Bankruptcy; Leveraged Buyouts; Restructuring; Capital Structure; Insolvency and Bankruptcy; Private Equity; Financial Management; Lawsuits and Litigation; Negotiation; Games, Gaming, and Gambling; Entertainment and Recreation Industry; Las Vegas

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

March 22, 2024
Article

It’s Time to Give Up on Ending Social Media’s Misinformation Problem

By: Scott Duke Kominers and Jesse Shapiro

Keywords: Social Media; Lawsuits and Litigation; Information Publishing; Policy

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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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February 2024 (Revised May 2024)
Case

Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech

By: Joseph L. Badaracco Jr. and Susan Pinckney

In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of... View Details

Keywords: Transition; Government Administration; Lawsuits and Litigation; Monopoly; Technology Industry; United States; European Union; China; India

January 11, 2024
Article

Understanding the Tradeoffs of the Amazon Antitrust Case

By: Chiara Farronato, Andrey Fradkin, Andrei Hagiu and Dionne Lomax

Regulators in the United States and Europe have been taking on Big Tech, challenging what they say are the companies’ anti-competitive and predatory strategies that harm consumers and third-party users of their platforms. This article examines the FTC’s case against... View Details

Keywords: Monopoly; Governing Rules, Regulations, and Reforms; Market Design; Lawsuits and Litigation

January 2024
Supplement

Accounting Red Flags or Red Herrings at Catalent? (B)

By: Joseph Pacelli, ZeSean Ali and Tom Quinn

GlassHouse Research identified accounting red flags at Catalent. Fiat Lux Partners countered most of GlassHouse’s claims. Who was right? This update explores the aftermath of the short seller duel. View Details

August 2023
Case

Ripple 2023

By: David B. Yoffie, Andy Wu and Sarah von Bargen

This case covers Ripple’s events from 2020–2023. The focus of this case is Ripple’s 2023 victory over the SEC, which sued Ripple in 2020 claiming that they did not register their XRP coins as securities. After Ripple’s victory, CEO Garlinghouse faced numerous... View Details

Keywords: Cryptocurrency; Currency; Lawsuits and Litigation; Business Strategy

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

July 2023 (Revised April 2024)
Case

Raymond Jefferson: Trial by Fire

By: Anthony Mayo and Carin-Isabel Knoop

In the spring of 2021, Raymond (Ray) Jefferson applied for a job in President Joseph Biden’s administration. Ten years earlier, false allegations were used to force him to resign from his prior U.S. government position as Assistant Secretary of Labor for Veterans’... View Details

Keywords: Leadership Style; Personal Development and Career; Ethics; Lawsuits and Litigation

March 2023 (Revised March 2024)
Case

The Purdue Pharma Bankruptcy: Settling the Opioid Crisis

By: Kristin Mugford, Carin-Isabel Knoop and Susan Pinckney

How to get to a fair outcome for claimants in the Purdue Pharma bankruptcy given its significant role in the U.S. opioid crisis. View Details

March 2023
Article

Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits

By: Elisabeth Kempf and Oliver Spalt

This paper provides novel evidence suggesting that securities class action lawsuits, a central pillar of the U.S. litigation and corporate governance system, can constitute an obstacle to valuable corporate innovation. We first establish that valuable innovation output... View Details

Keywords: Class-action Litigation; Turnover; Lawsuits and Litigation; Innovation and Invention; Risk and Uncertainty

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December 2022
Technical Note

Risks and Opportunities from the Transition to a Low Carbon Economy: A Business Analysis Framework

By: George Serafeim

The transition to a low carbon economy introduces many risks and opportunities for businesses. Risks emerge from regulatory actions, such as carbon taxes and cap and trade systems, technological innovation that develop alternatives for customers making existing... View Details

Keywords: Risk Assessment; Opportunities; Environmental Sustainability; Carbon Footprint; Risk Management; Competitive Dynamics; Business Analysis; Climate Change; Accounting; Finance; Valuation; Business and Shareholder Relations; Technological Innovation; Transition; Product Positioning; Renewable Energy; Analysis

August 2022
Article

The U.S. Approach to Antitrust Policy in Technology Markets

By: Shane Greenstein

This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,... View Details

Keywords: Antitrust; Lawsuits and Litigation; Information Technology; Competition

July 2022 (Revised September 2024)
Case

Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard

By: Jonas Heese, Joseph Pacelli and James Barnett

In January 2022, Microsoft announces its acquisition of the video game company Activision Blizzard, in a deal valued at $68.7 billion, which would make Microsoft the world’s third largest video game company. The deal came as Activision Blizzard faced gender pay... View Details

Keywords: Accounting; Goodwill Accounting; Analysis; Decision Making; Talent and Talent Management; Games, Gaming, and Gambling; Ethics; Leadership; Risk and Uncertainty; Mergers and Acquisitions; Lawsuits and Litigation; Entertainment and Recreation Industry; Video Game Industry; North America; California

March 2022 (Revised November 2023)
Case

Doubling Down: Elon Musk's Big Bets in 2022

By: David Yoffie and Daniel Fisher

2021 was a banner year for Elon Musk. CEO of the electric vehicle manufacturer Tesla, the aerospace manufacturer SpaceX, and a few smaller startups, Musk became the richest person on Earth after Tesla reached a market capitalization of $1 trillion and SpaceX a private... View Details

Keywords: Innovation and Management; Competitive Advantage; Competitive Strategy; Information Infrastructure; Applications and Software; Transportation; Strategic Planning; Leadership Style; Leading Change; Goals and Objectives; Aerospace Industry; Auto Industry; Battery Industry; United States; Europe; China

January 2022 (Revised January 2023)
Technical Note

Legal Analysis: Sexual Misconduct in the Workplace

By: J.S. Nelson and Trevor Fetter

This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and... View Details

Keywords: Crime and Corruption; Gender; Social Psychology; Behavior; Lawsuits and Litigation

November 2021
Case

The Wolf in Cashmere: LVMH's Bid to Acquire Tiffany

By: Stuart C. Gilson and Sarah L. Abbott

In November 2019, the iconic U.S. jeweler Tiffany agreed to be acquired by the luxury goods conglomerate LVMH. The $16.6 billion transaction was scheduled to close in mid-2020. However, in 2020, the global COVID-19 pandemic took a toll on the luxury goods sector. In... View Details

Keywords: Mergers ＆ Acquisitions; Luxury Brand; COVID-19 Pandemic; Mergers and Acquisitions; Health Pandemics; Lawsuits and Litigation; Consumer Products Industry; United States; Europe

October 2021
Case

Financial Reporting at Mattel

By: Aiyesha Dey, Trung Nguyen, Marshal Herrmann and Julia Kelley

In September 2020, Diana Ferguson was nearing her first Audit Committee meeting as the newly appointed Audit Committee chair of Mattel, Inc. Mattel was just recovering from an accounting scandal which had revealed the company’s poor internal controls and weak board... View Details

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