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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
- 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
Keywords: Accounting Audits; Acquisition; Budgets and Budgeting; Business Earnings; Earnings Management; Cost Accounting; Fair Value Accounting; Financial Reporting; Revenue Recognition; Integrated Corporate Reporting; Fairness; Moral Sensibility; Values and Beliefs; Government Legislation; Conflict of Interests; Announcements; Blogs; Debates; Lawsuits and Litigation; Stocks; Performance Productivity; Pharmaceutical Industry; Accounting Industry; United States
- 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
- 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
- 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
Keywords: Regulation; Ethics; Fairness; Insolvency and Bankruptcy; Government Legislation; Courts and Trials; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Crime and Corruption; Negotiation Offer; Negotiation Participants; Negotiation Style; Product Design; Product Development; Brands and Branding; Marketing Strategy; Trust; Government and Politics; Law; Negotiation; Operations; Ownership; Marketing; Social Psychology; Health Care and Treatment; Pharmaceutical Industry; United States
- 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
- 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
Keywords: Accounting; Accounting Audits; Financial Reporting; Financial Statements; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Lawsuits and Litigation; Business and Shareholder Relations; Consumer Products Industry; Entertainment and Recreation Industry; Financial Services Industry; North and Central America; United States; California
- 2021
- Working Paper
Venture Capital's 'Me Too' Moment
By: Sophie Calder-Wang, Paul A. Gompers and Patrick Sweeney
In this paper, we document the historically low rate of hiring of women in the venture capital sector. We find that the high-profile Ellen Pao v. Kleiner Perkins gender discrimination trial had dramatic treatment effects. In difference-in-differences regressions, we... View Details
- 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
- January 2021 (Revised October 2021)
- Case
Ken Talbot—Cautionary Tale in Estate Planning
By: Christina R. Wing and Faith Lyons
In 2010, Ken Talbot, a self-made Australian billionaire, was traveling throughout Africa to bring his innovative coal technology to the continent when he perished in a plane crash. His will was originally created years prior when his estate worth was estimated to be AU... View Details
- September 2019
- Supplement
Keroche (B): Considering Entry into the Kenyan Beer Market
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case discusses the situation of the Kenyan alcoholic drinks producer Keroche in July 2004, when co-founder Tabitha Karanja was debating whether to enter the Kenyan beer market. Doing so would mean direct competition with the multinational EABL in an industry and... View Details
Keywords: Keroche; Alcohol; Alcoholic Drinks; Alcoholic Beverages; Beverages; Drinks; Wine Industry; Wine; Fortified Wine; Viena; Beer; Beer Market; Manufacturing; Production Capacity; Capacity; Growth; Regulated; Unregulated; Informal; Informal Market; Regulation; Illicit; Illegal; Substandard; Dangerous; Shutdown; Factory; Safe; Affordable; Low-income Consumers; Business Growth and Maturation; Business Startups; Production; Investment; Safety; Quality; Small Business; Family Business; Crime and Corruption; Customer Focus and Relationships; Decisions; Income; Demographics; Geographic Scope; Geographic Location; Goods and Commodities; Government Legislation; Growth and Development; Business History; Lawsuits and Litigation; Laws and Statutes; Lawfulness; Goals and Objectives; Consumer Behavior; Market Entry and Exit; Problems and Challenges; Social Issues; Poverty; Strategy; Competition; Entrepreneurship; Marketing; Manufacturing Industry; Food and Beverage Industry; Kenya; Nairobi; Africa
- September 2019 (Revised May 2020)
- Supplement
Keroche (E): Considering Additional Capacity
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case describes Keroche’s growth after entering the beer business in 2008. Although the company was operating at full capacity and not able to fulfill all of its orders, Tabitha Karanja had set a goal of growing Keroche’s share of the Kenyan beer market from... View Details
Keywords: Keroche; Alcohol; Alcoholic Beverages; Beer; Beer Market; Premium Beer; Manufacturing; Production; Production Capacity; Capacity; Business Ventures; Business Exit or Shutdown; Business Growth and Maturation; Business Startups; Small Business; Family Business; Crime and Corruption; Customer Focus and Relationships; Decisions; Income; Demographics; Geographic Scope; Geographic Location; Goods and Commodities; Government Legislation; Growth and Development; Business History; Lawsuits and Litigation; Laws and Statutes; Lawfulness; Goals and Objectives; Consumer Behavior; Market Entry and Exit; Problems and Challenges; Safety; Social Issues; Poverty; Strategy; Competition; Entrepreneurship; Investment; Financing and Loans; Manufacturing Industry; Food and Beverage Industry
- 2019
- Chapter
Appraisal after Dell
This essay presents new data on appraisal litigation and appraisal outs. I find that appraisal claims have not meaningfully declined in 2016 and that perceived appraisal risk, as measured by the incidence of appraisal outs, has increased since the Dell appraisal in May... View Details
- October 2018 (Revised October 2019)
- Case
Rio Tinto vs. the Securities and Exchange Commission
By: Aiyesha Dey, Krishna G. Palepu and Sarah Gulick
Keywords: Coal Mining; SEC Enforcement; FCPA; Mining; Fraud; Acquisition; Financial Reporting; Mergers and Acquisitions; Non-Renewable Energy; Ethics; Financial Management; Investment; Corporate Governance; Laws and Statutes; Lawsuits and Litigation; Risk Management; Risk and Uncertainty; Energy Industry; Mining Industry; Financial Services Industry; Mozambique; United States; Australia; England
- October 2017
- Case
The Market for Justice: Burford Capital and the Litigation Finance Industry
By: Lauren Cohen, Christopher Malloy and William Powley
- 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
- February 2017 (Revised January 2022)
- Supplement
Bankruptcy at Caesars Entertainment (B)
By: Kristin Mugford
- February 2016 (Revised March 2019)
- Case
Bankruptcy at Caesars Entertainment
By: Kristin Mugford and David Chan
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
- January 2016 (Revised January 2019)
- Supplement
The Allergan Board Under Fire (B)
By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R＆D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Corporate Governance; Investment Activism; Business and Stakeholder Relations; Business Model; Business and Shareholder Relations; Valuation; Pharmaceutical Industry
- 2015
- Working Paper
Financial Patent Quality: Finance Patents After State Street
By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon
In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these... View Details