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    • All HBS Web  (154)
      • Faculty Publications  (19)

      Securities Class Action LawsuitsRemove Securities Class Action Lawsuits →

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      • July 2023 (Revised February 2024)
      • Case

      Equity Restructuring at Dell Technologies: Buy Out, Buy Up, Buy In (A)

      By: Stuart C. Gilson and Sarah L. Abbott
      In November 2018, Dell Technologies was poised to re-enter the public markets by means of a complex recapitalization that would replace an entire class of publicly-traded “tracking stock,” with new shares that would trade publicly without the need of a formal IPO. The... View Details
      Keywords: Technology; M&A; Recapitalization; MBO; Equity Issues; Private Equity Buyouts; Public Ownership; Stock Shares; Mergers and Acquisitions; Equity; Technology Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "Equity Restructuring at Dell Technologies: Buy Out, Buy Up, Buy In (A)." Harvard Business School Case 224-005, July 2023. (Revised February 2024.)
      • 24 Apr 2023 - 27 Apr 2023
      • Conference Presentation

      Diversity, Equity, & Inclusion: The Paradoxical Effect & Impact on Security

      By: J. Carlos Vega, Hise O. Gibson, Nicole Gilmore and Larry Whiteside Jr.
      Diversity, Equity, & Inclusion (DEI) is necessary to create the world class teams we need to defend against advanced threats and adversaries; however, the approach that most take often fails spectacularly. The panel challenges the current practices, the failings, and... View Details
      Keywords: Diversity; Cybersecurity; Corporate Social Responsibility and Impact
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      "Diversity, Equity, & Inclusion: The Paradoxical Effect & Impact on Security." Paper presented at the RSA Conference, San Francisco, CA, USA, April 24–27, 2023.
      • 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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      Kempf, Elisabeth, and Oliver Spalt. "Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits." Management Science 69, no. 3 (March 2023): 1323–1934.
      • Article

      Is ‘Not Guilty’ the Same as ‘Innocent’? Evidence from SEC Financial Fraud Investigations

      By: Eugene F. Soltes and David H. Solomon
      When the Securities and Exchange Commission (SEC) investigates firms for financial fraud, investors learn about the investigation only if managers disclose it, or regulators sanction the firm. We investigate the effects of such disclosures using confidential records on... View Details
      Keywords: Financial Fraud; Corporate Disclosure; Performance; Outcome or Result
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      Soltes, Eugene F., and David H. Solomon. "Is ‘Not Guilty’ the Same as ‘Innocent’? Evidence from SEC Financial Fraud Investigations." Journal of Empirical Legal Studies 18, no. 2 (June 2021): 287–327.
      • Article

      Measuring Audit Quality

      By: Shivaram Rajgopal, Suraj Srinivasan and Xin Zheng
      In this paper, we document 45 specific allegations related to audit deficiencies based on GAAS, as detailed in 141 AAERs and 153 securities class action lawsuits over the violation years 1978–2016. Next, we use these allegations to validate existing popular proxies of... View Details
      Keywords: Audit Quality; Audit Deficiency; AAER; Securities Class Action Lawsuits; Enforcement; Accounting Audits; Quality; Measurement and Metrics
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      Rajgopal, Shivaram, Suraj Srinivasan, and Xin Zheng. "Measuring Audit Quality." Review of Accounting Studies 26, no. 2 (June 2021): 559–619.
      • February 2020
      • Supplement

      Theranos: Who Has Blood on Their Hands? (B)

      By: Nien-he Hsieh, Christina R. Wing and John Masko
      This supplemental case tracks the results of the Colman and Taubman-Dye class action suit against Theranos as well as Theranos’ other legal challenges and chronicles the final demise of the company in 2019. View Details
      Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Entrepreneurship; Lawsuits and Litigation; Business Exit or Shutdown; Medical Devices and Supplies Industry; California; United States
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      Hsieh, Nien-he, Christina R. Wing, and John Masko. "Theranos: Who Has Blood on Their Hands? (B)." Harvard Business School Supplement 320-091, February 2020.
      • February 2019 (Revised November 2024)
      • Case

      Theranos: Who Has Blood on Their Hands? (A)

      By: Nien-hê Hsieh, Christina R. Wing, Emilie Fournier and Anna Resman
      This case covers the rise and fall of Theranos, the company founded by Elizabeth Holmes in 2004 to revolutionize the blood testing industry by creating a device that could provide from a small finger prick the same results and accuracy as intravenous blood draws. As... View Details
      Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Ethics; Entrepreneurship; Lawsuits and Litigation
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      Hsieh, Nien-hê, Christina R. Wing, Emilie Fournier, and Anna Resman. "Theranos: Who Has Blood on Their Hands? (A)." Harvard Business School Case 619-039, February 2019. (Revised November 2024.)
      • 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
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      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.
      • September 2013
      • Case

      United Rentals (A)

      By: Jay W. Lorsch, Kathleen Durante and Emily McTague

      In December 1997 United Rentals (URI) went public on the NYSE. Ten years later, during the peak of the economic meltdown, the company's performance was in decline. United Rentals had experienced its share of problems in the prior years and was still struggling to... View Details

      Keywords: Board Of Directors; Board Dynamics; Accounting Fraud; Governance; Board Committees; Merger; Corporate Governance; Construction Industry; United States
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      Lorsch, Jay W., Kathleen Durante, and Emily McTague. "United Rentals (A)." Harvard Business School Case 414-043, September 2013.
      • 2013
      • Working Paper

      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: Debt Securities; Lawsuits and Litigation; Legal Liability
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      Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Working Paper, 2013. (Harvard Business School Working Paper, No. 13-104, June 2013.)
      • December 2012 (Revised November 2014)
      • Case

      W.R. Grace & Co.: Dealing with Asbestos Torts

      By: Stuart C. Gilson and Sarah L. Abbott
      A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract... View Details
      Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
      • 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
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      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.)
      • October 2011
      • Case

      Raleigh & Rosse: Measures to Motivate Exceptional Service

      By: Robert Simons and Michael Mahoney
      In January 2010, U.S. luxury goods retailer Raleigh & Rosse is being sued by its employees for encouraging "off the clock" hours. At the center of the class action lawsuit is the famous Raleigh & Rosse performance measurement system previously thought to be the core of... View Details
      Keywords: Control Systems; Performance Measurement; Goal Setting; Compensation; Incentives; Motivation; Sales Compensation; Motivation and Incentives; Goals and Objectives; Growth Management; Lawsuits and Litigation; Organizational Culture; Management Systems; Customer Focus and Relationships; Employees; Performance Evaluation; Compensation and Benefits; Retail Industry; United States
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      Simons, Robert, and Michael Mahoney. "Raleigh & Rosse: Measures to Motivate Exceptional Service." Harvard Business School Brief Case 114-353, October 2011.
      • fall 2010
      • Article

      Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America

      By: Faisal Z. Ahmed, Laura Alfaro and Noel Maurer
      The re-occurring phenomenon of sovereign default has prompted an enormous theoretical and empirical literature. Most of this research has focused on why countries ever chose to pay their debts (or why private creditors ever expected repayment). The problem originates... View Details
      Keywords: Lawsuits and Litigation; Insolvency and Bankruptcy; Sovereign Finance; Borrowing and Debt; Debt Securities; Motivation and Incentives; Markets; Equity; Banking Industry; Latin America
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      Ahmed, Faisal Z., Laura Alfaro, and Noel Maurer. "Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America." Law and Contemporary Problems 73, no. 4 (fall 2010): 39–46.
      • February 2010 (Revised June 2014)
      • Supplement

      CityCenter (C): Turmoil and Choices

      By: John D. Macomber
      "CityCenter (C)" follows the (A) and (B) cases chronologically. The (C) case explores the decisions facing MGM MIRAGE following a lawsuit by partner Dubai World and suspension of Dubai World's cash contributions to the project in early 2009. Issues include the... View Details
      Keywords: Lawsuits and Litigation; Private Equity; Games, Gaming, and Gambling; Decisions; Partners and Partnerships; Conflict and Resolution; Entertainment and Recreation Industry; Nevada
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      Macomber, John D. "CityCenter (C): Turmoil and Choices." Harvard Business School Supplement 210-066, February 2010. (Revised June 2014.)
      • November 2005 (Revised July 2009)
      • Case

      Cutter & Buck (A)

      By: William A. Sahlman and Victoria Winston
      Only three short months into her new position as CEO of publicly traded golf apparel manufacturer Cutter & Buck, Fran Conley discovers accounting irregularities that call into question the reliability of this company's financial statements. Working closely with her... View Details
      Keywords: Financial Statements; Crime and Corruption; Corporate Disclosure; Governing and Advisory Boards; Lawsuits and Litigation; Organizational Change and Adaptation; Going Public
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      Sahlman, William A., and Victoria Winston. "Cutter & Buck (A)." Harvard Business School Case 806-028, November 2005. (Revised July 2009.)
      • Article

      Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members

      By: Suraj Srinivasan
      I use a sample of 409 companies that restated their earnings from 1997 to 2001 to examine penalties for outside directors, particularly audit committee members, when their companies experience accounting restatements. Penalties from lawsuits and Securities and Exchange... View Details
      Keywords: Outcome or Result; Business Earnings; Financial Statements; Lawsuits and Litigation; Labor; Markets; Financial Reporting; Accounting Audits; Cost; Reputation
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      Srinivasan, Suraj. "Consequences of Financial Reporting Failure for Outside Directors: Evidence from Accounting Restatements and Audit Committee Members." Journal of Accounting Research 43, no. 2 (May 2005): 291–334.
      • November 1994
      • Case

      Dow Corning and the Breast Implant Controversy (A)

      By: Willis M. Emmons III, Monica Brand and Greg Keller
      In early 1994, Dow Corning Corp. debates whether to participate in a proposed $4.2 billion product liability settlement. Specifically, the firm must decide whether to contribute $2 billion to end a class action suit filed by women suffering from connective tissue... View Details
      Keywords: Safety; Ethics; Health Disorders; Government Legislation; Crime and Corruption; Legal Liability; Risk and Uncertainty; Business Strategy; Communication Strategy; Lawsuits and Litigation; Health Industry; Beauty and Cosmetics Industry
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      Emmons, Willis M., III, Monica Brand, and Greg Keller. "Dow Corning and the Breast Implant Controversy (A)." Harvard Business School Case 795-047, November 1994.
      • January 1992 (Revised August 1992)
      • Case

      Lexon Corp. (B)

      By: Lynn S. Paine
      Lexon Corp. lawyers must decide how to respond to two lawsuits challenging the company's interception of electronic mail on privacy grounds. They must also formulate a company policy on e-mail. One suit was filed by an employee dismissed from her job after asking that... View Details
      Keywords: Information; Rights; Managerial Roles; Interpersonal Communication; Employee Relationship Management; Ethics; Lawsuits and Litigation; Computer Industry; California
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      Paine, Lynn S. "Lexon Corp. (B)." Harvard Business School Case 392-072, January 1992. (Revised August 1992.)
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