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    • Faculty Publications  (26)

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    • All HBS Web  (353)
      • Faculty Publications  (26)

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      • November 2018 (Revised January 2019)
      • Module Note

      Responsibilities to Investors (Abridged)

      By: Lena G. Goldberg and Joseph L. Badaracco
      This note focuses on managers’ responsibilities—economic, legal, and ethical—to investors. In capitalist and some socialist economies, these responsibilities traditionally have been grounded in fiduciary duties and are typically part of the common law or statutory law...  View Details
      Keywords: Responsibilities To Investors; Investors; Responsibility; Business and Shareholder Relations; Management; Ethics
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      Goldberg, Lena G., and Joseph L. Badaracco. "Responsibilities to Investors (Abridged)." Harvard Business School Module Note 319-066, November 2018. (Revised January 2019.)
      • 2018
      • Chapter

      The Orphan Drug Act at 35: Observations and an Outlook for the Twenty-First Century

      By: Nicholas Bagley, Benjamin Berger, Amitabh Chandra, Craig Garthwaite and Ariel Dora Stern
      On the 35th anniversary of the adoption of the Orphan Drug Act (ODA), we describe the enormous changes in the markets for therapies for rare diseases that have emerged over recent decades. The most prominent example is the fact that the profit-maximizing price of new...  View Details
      Keywords: Health Care and Treatment; Laws and Statutes; Research and Development; Investment; Markets; Monopoly
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      Bagley, Nicholas, Benjamin Berger, Amitabh Chandra, Craig Garthwaite, and Ariel Dora Stern. "The Orphan Drug Act at 35: Observations and an Outlook for the Twenty-First Century." Chap. 4 in Innovation Policy and the Economy, Volume 19, edited by Josh Lerner and Scott Stern, 97–137. University of Chicago Press, 2018.
      • April 2017
      • Article

      Private Equity and Industry Performance

      By: Shai Bernstein, Josh Lerner, Morten Sorensen and Per Stromberg
      The growth of the private equity industry has spurred concerns about its potential impact on the economy more generally. This analysis looks across nations and industries to assess the impact of private equity on industry performance. Industries where PE funds have...  View Details
      Keywords: Private Equity; Markets; Entrepreneurship; Performance; Economy
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      Bernstein, Shai, Josh Lerner, Morten Sorensen, and Per Stromberg. "Private Equity and Industry Performance." Management Science 63, no. 4 (April 2017): 1198–1213.
      • 2015
      • Case

      Advanced Leadership Pathways: Paul Lee and Asian Americans Advancing Justice

      By: Rosabeth Moss Kanter, Frank Jerome LaNasa and Ai-Ling Jamila Malone
      Paul Lee and Asian Americans Advancing Justice 2013 AL Fellow, 2014 Senior AL Fellow
      Two years after the formation of the Asian Americans Advancing Justice (AAAJ), a national affiliation of four independent Asian American civil rights groups, Paul Lee, who...  View Details
      Keywords: Leadership Skills; Asian; Asian Americans; Asian Americans Advancing Justice; Civil Rights; Asian Law Caucus; Asian Pacific American Legal Center; Asian American Institute; Asian American Justice Center; Immigration Issues; Immigration Reform; Affirmative Action; Coalition; Asian American Activism; Japanese; Chinese; Korean; Indian; Pakistani; Hmong; Cambodian; Laotians; Filipino; Vietnamese; Pacific Islanders; Ethnic Group; Model Minority; Anti-asian Prejudice; Pan-asian; Discrimination; Immigrants; Immigration Acts; Alien Land Laws; Sei Fujii; Naturalize; Interracial; Immigration And Nationality Act Of 1965; Refugees; War; Warfare; Vincent Chin; Bigotry; Chinatown; Boston; Social Impact; Asian American Lawyers Association; National Asian Pacific Bar Association; Asian Community Development Corporation; Asian Task Force Against Domestic Violence; Southeast Asia; Mee Moua; Change Management; Demographics; Prejudice and Bias; Rights; Immigration; Leadership; Problems and Challenges; Society; North and Central America
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      Kanter, Rosabeth Moss, Frank Jerome LaNasa, and Ai-Ling Jamila Malone. "Advanced Leadership Pathways: Paul Lee and Asian Americans Advancing Justice." Harvard Business Publishing Case 316-040, 2015. (Harvard Advanced Leadership Initiative.)
      • Article

      The Price Impact of Joining a Currency Union: Evidence from Latvia

      By: Alberto Cavallo, Brent Neiman and Roberto Rigobon
      Does membership in a currency union matter for a country’s international relative prices? The answer to this question is critical for thinking about the implications of joining (or exiting) a common currency area. This paper is the first to use high-frequency...  View Details
      Keywords: Currency Union; Exchange Rate; Law Of One Price; Currency Exchange Rate; Price; Latvia
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      Cavallo, Alberto, Brent Neiman, and Roberto Rigobon. "The Price Impact of Joining a Currency Union: Evidence from Latvia." IMF Economic Review 63, no. 2 (September 2015): 281–297.
      • Article

      Currency Unions, Product Introductions, and the Real Exchange Rate

      By: Alberto Cavallo, Brent Neiman and Roberto Rigobon
      We use a novel dataset of online prices of identical goods sold by four large global retailers in dozens of countries to study good-level real exchange rates and their aggregated behavior. First, in contrast to the prior literature, we demonstrate that the law of one...  View Details
      Keywords: Currency Union; Law Of One Price; International Prices; Global Firm; Currency Exchange Rate; Price; International Finance
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      Cavallo, Alberto, Brent Neiman, and Roberto Rigobon. "Currency Unions, Product Introductions, and the Real Exchange Rate." Quarterly Journal of Economics 129, no. 2 (May 2014): 529–595.
      • Summer 2013
      • Article

      Strategic Management of Intellectual Property: An Integrated Approach

      By: William W. Fisher III and Felix Oberholzer-Gee
      In many organizations, the R&D, strategy, and legal functions are poorly integrated. As a consequence, firms miss opportunities to create and exploit the value of intellectual property. Functional silos are one reason for the lack of integration. More important,...  View Details
      Keywords: Innovation Management; Strategic Management; Legal Aspects Of Business; Licensing; Law; Innovation and Management; Knowledge Management; Intellectual Property; Business Strategy
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      Fisher III, William W., and Felix Oberholzer-Gee. "Strategic Management of Intellectual Property: An Integrated Approach." California Management Review 55, no. 4 (Summer 2013): 157–183.
      • April 2013
      • Article

      What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators

      By: James K. Sebenius
      Roger Fisher, who died in 2012, enjoyed a remarkable career that modeled one way that an academic, especially in a professional school such as law or business, could make a significant, positive, and lasting difference in the world. Distinctive aspects of his career...  View Details
      Keywords: Bargaining; Conflict Resolution; Dealmaking; Negotiation; Personal Development and Career; Conflict and Resolution
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      Sebenius, James K. "What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators." Negotiation Journal 29, no. 2 (April 2013): 159–169.
      • 2010
      • Working Paper

      Integrity: A Positive Model That Incorporates the Normative Phenomena of Morality, Ethics, and Legality Abridged

      By: Werner H. Erhard, Michael C. Jensen and Steve Zaffron
      We present a positive model of integrity that, as we distinguish and define integrity, provides powerful access to increased performance for individuals, groups, organizations, and societies. Our model reveals the causal link between integrity and increased...  View Details
      Keywords: Trust; Performance Productivity; Information Technology; Knowledge; Moral Sensibility; Opportunities; Competitive Advantage; Legal Liability; Cost vs Benefits
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      Erhard, Werner H., Michael C. Jensen, and Steve Zaffron. "Integrity: A Positive Model That Incorporates the Normative Phenomena of Morality, Ethics, and Legality Abridged." Harvard Business School Working Paper, No. 10-061, February 2010.
      • 2009
      • Working Paper

      Private Equity and Industry Performance

      By: Josh Lerner
      The growth of the private equity industry has spurred concerns about its potential impact on the economy more generally. This analysis looks across nations and industries to assess the impact of private equity on industry performance. Industries where PE funds have...  View Details
      Keywords: Private Equity; Investment; Common Law; Industry Growth; Performance Productivity; Europe; United Kingdom; United States
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      Lerner, Josh. "Private Equity and Industry Performance." Harvard Business School Working Paper, No. 10-045, December 2009. (NBER Working Paper Series, No. 14861, April 2009.)
      • October 2006 (Revised March 2009)
      • Case

      Clifford Chance: Repotting the Tree

      By: Arthur I Segel, A. Eugene Kohn and Nhat Minh Nguyen
      Clifford Chance, LLP, a global law firm headquartered in London, needs to make a decision whether to stay in the central business district of London or move to a redeveloped business park at Canary Wharf, three miles outside of central London. Peter Charleton, head of...  View Details
      Keywords: Buildings and Facilities; Business Headquarters; Decision Choices and Conditions; Geographic Location; Logistics; London
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      Segel, Arthur I., A. Eugene Kohn, and Nhat Minh Nguyen. "Clifford Chance: Repotting the Tree." Harvard Business School Case 207-073, October 2006. (Revised March 2009.)
      • August 2005 (Revised April 2015)
      • Background Note

      Employment At Will: A Legal Perspective

      By: Lynn S. Paine and Christopher M. Bruner
      Provides a brief overview of the employment-at-will doctrine, an important concept unique to the U.S. legal system and business landscape. Briefly surveys the history and development of this doctrine and certain limitations and exceptions to it, as well as some of the...  View Details
      Keywords: Business History; Resignation and Termination; Employment; Common Law; Laws and Statutes; Business and Government Relations; United States
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      Paine, Lynn S., and Christopher M. Bruner. "Employment At Will: A Legal Perspective." Harvard Business School Background Note 306-036, August 2005. (Revised April 2015.)
      • November 2004 (Revised January 2006)
      • Case

      Martha Stewart (A)

      By: Lynn S. Paine and Christopher Bruner
      Explores Martha Stewart's December 2001 sale of ImClone Systems common stock, the ensuing federal investigations into possible insider trading, and Stewart's criminal prosecution and sentencing. Discusses the impact of publicity on Stewart's company, Martha Stewart...  View Details
      Keywords: Capital Markets; Corporate Governance; Financial Markets; Management Teams; Law; Government and Politics
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      Paine, Lynn S., and Christopher Bruner. "Martha Stewart (A)." Harvard Business School Case 305-034, November 2004. (Revised January 2006.)
      • September 2004 (Revised April 2005)
      • Background Note

      Note on Individual and Corporate Liability

      By: Lynn S. Paine
      Answers some of the most common questions managers ask about potential corporate and individual liability for corporate misconduct under U.S. law. Describes a few general principles of liability that managers should be aware of. A rewritten version of an earlier note.  View Details
      Keywords: Corporate Accountability; Legal Liability
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      Paine, Lynn S. "Note on Individual and Corporate Liability." Harvard Business School Background Note 305-049, September 2004. (Revised April 2005.)
      • 2004
      • Working Paper

      Regulation and Reaction: The Other Side of Free Banking in Antebellum New York

      By: David A. Moss and Sarah Brennan
      Free banking, which first appeared in the United States in the late 1830s, comprised two essential features: general incorporation for banks and rigorous security requirements for note issue. Because the general incorporation feature is what allowed free entry, it has...  View Details
      Keywords: History; Law; Competition; Financial Liquidity; Money; Market Entry and Exit; Financing and Loans; Banks and Banking; Banking Industry
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      Moss, David A., and Sarah Brennan. "Regulation and Reaction: The Other Side of Free Banking in Antebellum New York." Harvard Business School Working Paper, No. 04-038, April 2004.
      • December 2003 (Revised November 2015)
      • Background Note

      The Fiduciary Relationship: A Legal Perspective

      By: Lynn Sharp Paine
      Discusses the concept of a fiduciary, as developed in the Anglo-American common law tradition, and outlines the principal differences between the legal standard applied to fiduciaries compared to ordinary arms'-length contractors.  View Details
      Keywords: Ethics; Assets; Financial Management; Common Law; Standards
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      Paine, Lynn Sharp. "The Fiduciary Relationship: A Legal Perspective." Harvard Business School Background Note 304-064, December 2003. (Revised November 2015.)
      • July 2003
      • Background Note

      Expropriation in International Business

      By: Geoffrey G. Jones and Meghan Gallagher-Kernstine
      Covers several important expropriation cases in international business from the 20th century and highlights the legal and political difficulties these companies faced. Serves to explain expropriation, to stress the vulnerability of foreign direct investments to...  View Details
      Keywords: Foreign Direct Investment; Global Strategy; Government and Politics; Common Law; Risk Management; Property; Risk and Uncertainty
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      Jones, Geoffrey G., and Meghan Gallagher-Kernstine. "Expropriation in International Business." Harvard Business School Background Note 804-020, July 2003.
      • September 2001 (Revised July 2009)
      • Case

      Buenos Aires Embotelladora S.A. (BAESA): A South American Restructuring

      By: Stuart C. Gilson and Gustavo A. Herrero
      In 1998, BAESA, PepsiCo's largest bottler and distributor outside North America, experienced severe financial difficulty and had to restructure its debt and business operations to avoid bankruptcy or liquidation. Based in Argentina, with operations throughout South...  View Details
      Keywords: Restructuring; Borrowing and Debt; Insolvency and Bankruptcy; Bonds; Stocks; Multinational Firms and Management; Laws and Statutes; United States; Argentina; Brazil
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      Gilson, Stuart C., and Gustavo A. Herrero. "Buenos Aires Embotelladora S.A. (BAESA): A South American Restructuring." Harvard Business School Case 202-009, September 2001. (Revised July 2009.)
      • March 2001 (Revised April 2002)
      • Case

      Ginzel et al v. Kolcraft Enterprises et al (A)

      By: Michael A. Wheeler
      Examines the wrongful death lawsuit brought by the family of an infant who died after a portable crib collapsed. The manufacturer, Kolcraft, licensed the Playskool brand name from the co-defendant, Hasbro Industries. Raises difficult questions about what the two...  View Details
      Keywords: Safety; Product; Negotiation; Corporate Social Responsibility and Impact; Lawsuits and Litigation; Legal Liability; Brands and Branding; Consumer Products Industry; United States
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      Wheeler, Michael A. "Ginzel et al v. Kolcraft Enterprises et al (A)." Harvard Business School Case 801-059, March 2001. (Revised April 2002.)
      • July 1995
      • Background Note

      Managerial Duties and Business Law

      By: Joseph L. Badaracco Jr. and Jerry Useem
      Consists of excerpts from Principles of Corporate Governance, a set of legal guidelines that enumerates the principal duties of corporate managers and directors, including fiduciary duty, duty of care, and duty of fair dealing. Also addresses legal obligations relating...  View Details
      Keywords: Ethics; Corporate Governance; Retention; Common Law; Business or Company Management; Goals and Objectives; Managerial Roles
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      Badaracco, Joseph L., Jr., and Jerry Useem. "Managerial Duties and Business Law." Harvard Business School Background Note 395-244, July 1995.
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