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    • All HBS Web  (136)
      • Faculty Publications  (45)

      Litigation FinancingRemove Litigation Financing →

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      • March 2025 (Revised April 2025)
      • Case

      WallStreetBets: Democratizing Retail Investing

      By: Joseph Pacelli and Alexis Lefort
      In summer 2024, Jaime Rogozinski anticipated the launch of a day-trading eSports event, a vision he had nurtured for years. Rogozinski, the founder of the influential subreddit WallStreetBets (WSB), created the forum in 2012 as a space for retail traders to explore... View Details
      Keywords: Investment; Emerging Markets; Market Participation; Financial Strategy; Lawsuits and Litigation; Financial Services Industry; United States
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      Pacelli, Joseph, and Alexis Lefort. "WallStreetBets: Democratizing Retail Investing." Harvard Business School Case 125-002, March 2025. (Revised April 2025.)
      • January 2025
      • Case

      A Tiger in the Tank: Exxon Sues Investors

      By: Clayton S. Rose, Sarah Sasso and James Weber
      In June 2024, investors were trying to make sense of ExxonMobil’s (Exxon) lawsuit against two impact investors, Arjuna Capital (Arjuna) and Follow This, that had just been dismissed by the U.S. District Court of Northern Texas. Exxon’s suit challenged the rights of two... View Details
      Keywords: Disruption; Talent and Talent Management; Customer Satisfaction; Decision Making; Demographics; Ethics; Corporate Accountability; Employees; Recruitment; Retention; Leadership; Crisis Management; Risk Management; Corporate Social Responsibility and Impact; Mission and Purpose; Organizational Change and Adaptation; Civil Society or Community; Social Issues; Adaptation; Investment Activism; Lawsuits and Litigation; Business and Shareholder Relations; Medical Devices and Supplies Industry; Health Industry; Energy Industry; United States; Netherlands; Norway
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      Rose, Clayton S., Sarah Sasso, and James Weber. "A Tiger in the Tank: Exxon Sues Investors." Harvard Business School Case 325-015, January 2025.
      • 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; Borrowing and Debt; Entertainment and Recreation Industry; Las Vegas
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      Mugford, Kristin. "Caesars Entertainment: Governance on the Road to Bankruptcy." Harvard Business School Case 224-108, June 2024.
      • 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
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      Pacelli, Joseph, ZeSean Ali, and Tom Quinn. "Accounting Red Flags or Red Herrings at Catalent? (B)." Harvard Business School Supplement 124-055, January 2024.
      • 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
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      Yoffie, David B., Andy Wu, and Sarah von Bargen. "Ripple 2023." Harvard Business School Case 724-372, August 2023.
      • 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
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      Antill, Samuel, and Steven R. Grenadier. "Financing the Litigation Arms Race." Journal of Financial Economics 149, no. 2 (August 2023): 218–234.
      • 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
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      Mugford, Kristin, Carin-Isabel Knoop, and Susan Pinckney. "The Purdue Pharma Bankruptcy: Settling the Opioid Crisis." Harvard Business School Case 223-060, March 2023. (Revised March 2024.)
      • 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
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      Serafeim, George. "Risks and Opportunities from the Transition to a Low Carbon Economy: A Business Analysis Framework." Harvard Business School Technical Note 123-014, December 2022.
      • 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
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      Dey, Aiyesha, Trung Nguyen, Marshal Herrmann, and Julia Kelley. "Financial Reporting at Mattel." Harvard Business School Case 122-006, October 2021.
      • 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
      Keywords: Gender Discrimination; Founders; Venture Capital; Selection and Staffing; Gender; Lawsuits and Litigation
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      Calder-Wang, Sophie, Paul A. Gompers, and Patrick Sweeney. "Venture Capital's 'Me Too' Moment." NBER Working Paper Series, No. 28679, April 2021.
      • 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
      Keywords: Finance; Entrepreneurship; Growth and Development Strategy; United States
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      Cohen, Lauren, Spencer C. N. Hagist, and Yago Zavalia Gahan. "Litigation Finance 2.0: LexShares." Harvard Business School Case 221-092, March 2021.
      • 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
      Keywords: Estate Planning; Entrepreneurship; Assets; Agreements and Arrangements; Lawsuits and Litigation; Valuation; Family and Family Relationships; Conflict Management; Australia; Africa
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      Wing, Christina R., and Faith Lyons. "Ken Talbot—Cautionary Tale in Estate Planning." Harvard Business School Case 621-071, January 2021. (Revised October 2021.)
      • 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
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      Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (B): Considering Entry into the Kenyan Beer Market." Harvard Business School Supplement 720-391, September 2019.
      • 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
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      Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (E): Considering Additional Capacity." Harvard Business School Supplement 720-394, September 2019. (Revised May 2020.)
      • 2019
      • Chapter

      Appraisal after Dell

      By: Guhan Subramanian
      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
      Keywords: Valuation; Contracts; Negotiation Process
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      Subramanian, Guhan. "Appraisal after Dell." Chap. 10 in The Corporate Contract in Changing Times: Is the Law Keeping Up? edited by Steven Davidoff Solomon and Randall Stuart Thomas, 222–243. University of Chicago Press, 2019.
      • 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
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      Dey, Aiyesha, Krishna G. Palepu, and Sarah Gulick. "Rio Tinto vs. the Securities and Exchange Commission." Harvard Business School Case 119-046, October 2018. (Revised October 2019.)
      • October 2017
      • Case

      The Market for Justice: Burford Capital and the Litigation Finance Industry

      By: Lauren Cohen, Christopher Malloy and William Powley
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      Cohen, Lauren, Christopher Malloy, and William Powley. "The Market for Justice: Burford Capital and the Litigation Finance Industry." Harvard Business School Case 218-007, October 2017.
      • 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
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      Ahmed, Faisal Z., and Laura Alfaro. "Market Reactions to Sovereign Litigation." Capital Markets Law Journal 12, no. 2 (April 2017): 141–163.
      • February 2017 (Revised January 2022)
      • Supplement

      Bankruptcy at Caesars Entertainment (B)

      By: Kristin Mugford
      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; Entertainment and Recreation Industry; Las Vegas
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      Mugford, Kristin. "Bankruptcy at Caesars Entertainment (B)." Harvard Business School Supplement 217-058, February 2017. (Revised January 2022.)
      • 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
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      Mugford, Kristin, and David Chan. "Bankruptcy at Caesars Entertainment." Harvard Business School Case 216-052, February 2016. (Revised March 2019.)
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