Shareholder Litigation Risk - Publications - Faculty & Research - Harvard Business School

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April 2025 (Revised May 2025)
Case

Governing Sustainability in a Shifting Context (A)

By: Lynn S. Paine and Will Hurwitz

In early 2025, boards of directors had to rethink corporate responsibility and sustainability efforts amid rapidly-shifting social, legal, regulatory, and economic forces. While just a few years earlier, calls to address racial justice and climate change reached into... View Details

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

January 2025
Case

Cyber Oversight: SolarWinds Board of Directors

By: Lynn S. Paine

In 2020, just two years after its IPO, information technology company SolarWinds discovered that it was the victim of an attack on its information systems by Russian hackers. The incident, known as the Sunburst attack, was costly for the company, and certain... View Details

Keywords: Corporate Governance; Corporate Accountability; Governing and Advisory Boards; Cybersecurity; Lawsuits and Litigation; Legal Liability; Business and Shareholder Relations; Risk Management; Information Technology Industry; United States; Texas; Delaware

December 2024
Supplement

Northvolt: Building Batteries to Fight Climate Change (B)

By: George Serafeim, Debora L. Spar, Peter Tufano, Hugo Etchegoyhen and Emilie Billaud

The (B) case explores Northvolt’s Chapter 11 bankruptcy filing on November 21, 2024, highlighting the company’s struggles to scale operations amid a global EV market slowdown and internal production challenges. While the (A) case detailed Northvolt’s ambitious... View Details

Keywords: Batteries; Electric Vehicles; Climate Change; Corporate Social Responsibility and Impact; Energy; Green Technology; Insolvency and Bankruptcy; Investment; Technological Innovation; Risk Management; Failure; Business and Government Relations; Business and Shareholder Relations; Transportation; Green Technology Industry; Europe; Sweden

September 20, 2024
Article

It’s Time to Unbundle ESG

By: Aaron K. Chatterji and Michael W. Toffel

ESG is at an inflection point. It has come to represent a broad and inchoate aspiration for what business should be doing beyond maximizing shareholder value. With ESG advocates on the defensive, business leaders need a new roadmap to determine which factors to... View Details

Keywords: ESG; ESG (Environmental, Social, Governance) Performance; ESG Ratings; ESG Reporting; ESG Disclosure; Sustainability; Climate; Climate Finance; Climate Risk; Social Accounting; Investment; Governance; Safety; Climate Change; Environmental Sustainability; Corporate Social Responsibility and Impact; Financial Services Industry

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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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September–October 2023
Article

What Does 'Stakeholder Capitalism' Mean to You?: A Guide to the Four Main Types

By: Lynn S. Paine

Business leaders are being urged to adopt a multistakeholder approach to governance in place of the shareholder-centered approach that has guided their work for several decades. But through hundreds of interviews with directors, executives, investors, governance... View Details

Keywords: Stakeholder Capitalism; Corporate Governance; Business and Shareholder Relations; Business and Stakeholder Relations; Organizational Structure; Trust

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June 2023
Article

Can Purpose Foster Stakeholder Trust in Corporations

By: Ranjay Gulati and Franz Wohlgezogen

As part of institutional changes toward more responsible capitalism, firms increasingly articulate a purpose beyond simply profit as a central tenet of their governance. Management scholarship has noted the potential advantages of such purpose-focus for stakeholder... View Details

Keywords: Stakeholder Management; Moral Identity; Mission and Purpose; Trust; Corporate Governance; Business and Stakeholder Relations

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April 2023
Case

Elliott Management: Capital Allocation in Biopharma

By: Amitabh Chandra, Paul Clancy and Lauren Gunasti

The case explores the intersection of capital allocation and shareholder activism in the biopharmaceutical industry. As many biopharma companies face looming patent expirations for key medicines, the case asks the question of whether investing in R&D and M&A is an... View Details

Keywords: Finance; Strategy; Capital Allocation; Biopharmaceutical Industry; Shareholder Activism; Investment Activism; Resource Allocation; Research and Development; Business and Shareholder Relations; Corporate Strategy; Pharmaceutical Industry

April 2023
Case

Strive Asset Management

By: Suraj Srinivasan, Lynn S. Paine and Aldo Sesia

Strive Asset Management, which launched in 2022, was actively targeting several leading U.S. companies in the upcoming 2023 proxy voting season to stop acquiescing to those large asset managers and other institutional shareholders who were pressing those companies to... View Details

Keywords: ESG; Shareholder Activism; Asset Management; Investment Funds; Corporate Governance; Risk Management; Climate Change; Diversity; Equity; Financial Services Industry; United States

March 2023
Teaching Note

Sustainability Reporting at Dollar Tree, Inc.

By: Suraj Srinivasan and Li-Kuan Ni

Teaching Note for HBS Case No. 122-044. The case discusses the ESG strategy of Dollar Tree Inc., a U.S. Fortune 500 company in the deep discount retail industry and the shareholder pressure faced by the company. In 2022, the company faced a shareholder resolution from... View Details

Keywords: ESG; Sustainability; Shareholder Activism; Dollar Tree; Sustainability Reporting; ESG Reporting; Board Of Directors; Shareholder Engagement; GHG; Environmental Accounting; Integrated Corporate Reporting; Trends; Communication; Announcements; Voting; Environmental Management; Climate Change; Environmental Sustainability; Values and Beliefs; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governing Rules, Regulations, and Reforms; Policy; Reports; Business or Company Management; Risk Management; Corporate Social Responsibility and Impact; Outcome or Result; Strategic Planning; Business and Stakeholder Relations; Situation or Environment; Opportunities; Civil Society or Community; Social Issues; Public Opinion; Strategy; Adaptation; Alignment; Business Strategy; Corporate Strategy; Value Creation; Retail Industry; United States; Virginia

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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January 2023
Teaching Note

The Opioid Settlement and Executive Pay at AmerisourceBergen

By: Suraj Srinivasan and Li-Kuan Ni

Teaching Note for HBS Case No 122-014. In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices that critics alleged... View Details

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

July 2022 (Revised January 2025)
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

June 2022 (Revised August 2022)
Case

Sustainability Reporting at Dollar Tree, Inc.

By: Suraj Srinivasan and Li-Kuan Ni

The cases discusses the ESG strategy of Dollar Tree Inc., a U.S. Fortune 500 company in the deep discount retail industry and the and shareholder pressure faced by the company. In 2022, the company faced a shareholder resolution from a renowned shareholder advocacy... View Details

Keywords: ESG; Sustainability; Shareholder Activism; Dollar Tree; Sustainability Reporting; ESG Reporting; Board Of Directors; Shareholder Engagement; GHG; Environmental Accounting; Integrated Corporate Reporting; Trends; Communication; Announcements; Voting; Environmental Management; Climate Change; Environmental Sustainability; Values and Beliefs; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governing Rules, Regulations, and Reforms; Policy; Reports; Business or Company Management; Risk Management; Corporate Social Responsibility and Impact; Outcome or Result; Strategic Planning; Business and Stakeholder Relations; Situation or Environment; Opportunities; Civil Society or Community; Social Issues; Public Opinion; Strategy; Adaptation; Alignment; Business Strategy; Corporate Strategy; Value Creation; Retail Industry; United States; Virginia

March 2022
Case

Shanghai Pudong Science and Technology Investment Co., Ltd.: December 2014

By: Josh Lerner, Luyang Zhang, Xinlai Tong and Yue Kong

In early December 2014, the senior team of Pudong Science and Technology Investment (hereafter, Pudong S&T) gathered in the offices of their chairman, Dr. Xudong Zhu. Before completing its cross-border acquisition of Montage Technology, Pudong S&T—wholly owned by the... View Details

Keywords: Mergers and Acquisitions; Ownership Stake; Risk Management; Ownership Type; China

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

October 2021 (Revised May 2023)
Case

Engine No. 1: An Impact Investing Firm Engages with ExxonMobil

By: Mark Kramer, Shawn Cole, Vikram S. Gandhi and T. Robert Zochowski

ExxonMobil, the world's fifth largest source of carbon emissions, remained committed to aggressively expanding its oil & gas business despite global warming. During the COVID pandemic this strategy resulted in massive losses as the price and demand for oil declined. ... View Details

Keywords: Carbon Emissions; Global Warming; Impact Investment Funds; Hedge Fund Activism; Leadership Development; Business Model; Renewable Energy; Resource Allocation; Decision Choices and Conditions; Governing and Advisory Boards

October 2021 (Revised October 2022)
Case

The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen

By: Suraj Srinivasan and Li-Kuan Ni

In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices that critics alleged had contributed to the nationwide... View Details

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