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- November 2012 (Revised June 2013)
- Case
The Facebook IPO Litigation
By: Lena G. Goldberg and Annelena Loeb
Despite its success in the social-networking space, Facebook Inc.'s May 2012 IPO was largely considered a failure. Facebook faced multiple lawsuits and its share price had dropped significantly. Adversaries contended that Facebook had misled investors and violated... View Details
Keywords: Social Networking; IPO; Litigation Risk; Initial Public Offering; Ethics; Lawsuits and Litigation; Failure; Consumer Products Industry; Information Technology Industry; Entertainment and Recreation Industry; United States
Goldberg, Lena G., and Annelena Loeb. "The Facebook IPO Litigation." Harvard Business School Case 313-080, November 2012. (Revised June 2013.)
- 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
Antill, Samuel, and Steven R. Grenadier. "Financing the Litigation Arms Race." Journal of Financial Economics 149, no. 2 (August 2023): 218–234.
- Article
Market Reactions to Sovereign Litigation
By: Faisal Z. Ahmed and Laura Alfaro
Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede... View Details
Keywords: Sovereign Debt; Litigation; Vulture Funds; Argentina; Sovereign Finance; Lawsuits and Litigation; Markets; Argentina
Ahmed, Faisal Z., and Laura Alfaro. "Market Reactions to Sovereign Litigation." Capital Markets Law Journal 12, no. 2 (April 2017): 141–163.
- 2013
- Working Paper
Securities Litigation Risk for Foreign Companies Listed in the U.S.
By: Beiting Cheng, Suraj Srinivasan and Gwen Yu
We study securities litigation risk faced by foreign firms listed on U.S. exchanges. We take into account not only the propensity for foreign firms to commit violations of U.S. securities laws but also the costs that investors face when suing foreign firms. We find... View Details
Keywords: Litigation Risk; Cross Listing; Bonding; 10b-5; Securities Litigation; U.S.Listing; Class Action; Risk and Uncertainty; Debt Securities; Globalized Firms and Management; Ethics; Lawsuits and Litigation; United States
Cheng, Beiting, Suraj Srinivasan, and Gwen Yu. "Securities Litigation Risk for Foreign Companies Listed in the U.S." Harvard Business School Working Paper, No. 13-036, October 2012. (Revised March 2014.)
- 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
Sikochi, Anywhere. "The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms." Harvard Business School Working Paper, No. 17-048, December 2016.
- March 2021
- Case
Litigation Finance 2.0: LexShares
By: Lauren Cohen, Spencer C. N. Hagist and Yago Zavalia Gahan
Litigation finance—also referred to as third party litigation funding—was in its relative infancy as an asset class when Jay Greenberg and Max Volsky made a platform-play in the space. Seven years later, the market was far from "mainstream," but nonetheless had grown... View Details
Cohen, Lauren, Spencer C. N. Hagist, and Yago Zavalia Gahan. "Litigation Finance 2.0: LexShares." Harvard Business School Case 221-092, March 2021.
- 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
Antill, Samuel, Murat Alp Celik, Xu Tian, and Toni M. Whited. "The Efficiency of Patent Litigation." Working Paper, May 2024.
- 05 Nov 2008
- Working Paper Summaries
The Litigation of Financial Innovations
Keywords: by Josh Lerner
- Research Summary
Entry deterrence via strategic litigation
This paper analyzes the use of litigation by incumbents to deter entry by new firms. Specifically, I look at a context where incumbent firms own patents that confer a limited monopoly period in the market. In the US pharmaceutical industry, regulation provides for... View Details
- November 2010
- Article
The Litigation of Financial Innovations
By: Josh Lerner
This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to... View Details
Lerner, Josh. "The Litigation of Financial Innovations." Journal of Law & Economics 53, no. 4 (November 2010): 807–831.
- January 1994 (Revised April 1994)
- Case
EMC Corporation: Response to Shareholder Litigation (B)
By: Josh Lerner
Reports EMC's decision concerning the second shareholder class-action suit and its implications. Legislative efforts to reform securities litigation are also discussed. View Details
Keywords: Decisions; Lawsuits and Litigation; Going Public; Policy; Management Teams; Business and Shareholder Relations; Technology Industry; United States
Lerner, Josh. "EMC Corporation: Response to Shareholder Litigation (B)." Harvard Business School Case 294-071, January 1994. (Revised April 1994.)
- February 2014
- Article
Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation
By: Francois Brochet and Suraj Srinivasan
We examine which independent directors are held accountable when investors sue firms for financial- and disclosure-related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over... View Details
Keywords: Independent Directors; Litigation Risk; Class Action Lawsuits; Director Accountability; Reputation; Boards Of Directors; Corporate Governance; Debt Securities; Corporate Accountability; Lawsuits and Litigation
Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Journal of Financial Economics 111, no. 2 (February 2014): 430–449.
- August 2017
- Case
'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)
By: Lena G. Goldberg and Danielle V. Holland
The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details
Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts
Goldberg, Lena G., and Danielle V. Holland. "'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)." Harvard Business School Case 318-026, August 2017.
- January 2008 (Revised August 2008)
- Case
AT&T v. Microsoft (A): IP Litigation Strategy
By: Willy Shih
This case examines a hard fought litigation over a patent that originated at Bell Labs. It illustrates the challenges that technology companies face today innovating in a complex intellectual property environment in fields where there is a high amount of... View Details
Keywords: Technological Innovation; Patents; Lawsuits and Litigation; Conflict and Resolution; Strategy; Technology Industry
Shih, Willy. "AT&T v. Microsoft (A): IP Litigation Strategy." Harvard Business School Case 608-080, January 2008. (Revised August 2008.)
- 2024
- Working Paper
Product Liability Litigation and Innovation: Evidence from Medical Devices
By: Alberto Galasso and Hong Luo
We examine the relationship between product liability litigation and innovation by systematically
combining data on product liability lawsuits with data on new product introductions in a panel dataset of
leading medical device firms. We first document a decline in... View Details
Keywords: Lawsuits and Litigation; Product Development; Technological Innovation; Safety; Governing Rules, Regulations, and Reforms; Medical Devices and Supplies Industry
Galasso, Alberto, and Hong Luo. "Product Liability Litigation and Innovation: Evidence from Medical Devices." Harvard Business School Working Paper, No. 24-063, March 2024.
- Article
"Troll" Check? A Proposal for Administrative Review of Patent Litigation
By: Lauren Cohen, John Golden, Umit Gurun and Scott Duke Kominers
The patent system is commonly justified as a way to promote social welfare and, more specifically, technological progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals. Particularly in the United... View Details
Cohen, Lauren, John Golden, Umit Gurun, and Scott Duke Kominers. "Troll" Check? A Proposal for Administrative Review of Patent Litigation. Boston University Law Review 97, no. 5 (October 2017): 1775–1841.
- December 2018
- Case
Tiantong & Partners: Transforming Litigation Practice in China
By: Ashish Nanda and Lisa Rohrer
Jiang Yong founded Tiantong & Partners in 2002, seeking to radically improve the level of litigation-related services in China. By 2015, Tiantong was the premier Chinese litigation firm with the highest per lawyer revenues. The firm focused exclusively on high-stakes... View Details
Keywords: Law Firm; Law Firms; Growth; Legal Industry; Regulation; Professional Services; Law; Lawsuits and Litigation; Internet and the Web; Growth and Development; Strategy; Entrepreneurship; Decision Choices and Conditions; Legal Services Industry; China
Nanda, Ashish, and Lisa Rohrer. "Tiantong & Partners: Transforming Litigation Practice in China." Harvard Business School Case 719-457, December 2018.
- 09 Nov 2012
- Working Paper Summaries
Securities Litigation Risk for Foreign Companies Listed in the US
- January 1994 (Revised April 1995)
- Case
EMC Corporation: Response to Shareholder Litigation (A)
By: Josh Lerner
EMC Corp. is the target of a shareholder class-action lawsuit for the second time. CEO, Richard Egan, must decide whether to settle the case, as is done in 96% of such cases and as EMC itself did previously, or fight the action. View Details
Keywords: Decision Choices and Conditions; Lawsuits and Litigation; Going Public; Management Teams; Business and Shareholder Relations; Technology Industry; United States
Lerner, Josh. "EMC Corporation: Response to Shareholder Litigation (A)." Harvard Business School Case 294-070, January 1994. (Revised April 1995.)
- September 2004 (Revised January 2005)
- Case
Brazil's WTO Cotton Case: Negotiation Through Litigation
By: Ray A. Goldberg, Robert Lawrence and J. Katherine Milligan
Brazil has just won a case action against the U.S. cotton agriculture program at the World Trade Organization. What does this mean for future agricultural programs in the United States? For future trade policies of the United States, Brazil, and others in the global... View Details
Keywords: Developing Countries and Economies; Trade; Globalized Markets and Industries; Governing Rules, Regulations, and Reforms; Policy; Lawsuits and Litigation; Negotiation Process; Negotiation Types; Agriculture and Agribusiness Industry; United States; Brazil
Goldberg, Ray A., Robert Lawrence, and J. Katherine Milligan. "Brazil's WTO Cotton Case: Negotiation Through Litigation." Harvard Business School Case 905-405, September 2004. (Revised January 2005.)