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    • All HBS Web  (149)
      • Faculty Publications  (19)

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      • December 2022
      • Article

      Does Industry Employment of Active Regulators Weaken Oversight?

      By: Jonas Heese
      I study whether industry employment of active regulators weakens oversight. To examine this question, I exploit that the Financial Reporting Enforcement Panel (FREP), the German capital-market regulator responsible for enforcing public firms’ compliance with accounting...  View Details
      Keywords: Conflict-of-interest Policies; Directorships; Enforcement Actions; Industry Employment; Self-regulatory Organizations; Governance Compliance; Governing and Advisory Boards; Policy; Conflict of Interests
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      Heese, Jonas. "Does Industry Employment of Active Regulators Weaken Oversight?" Management Science 68, no. 12 (December 2022): 9198–9218.
      • October 2022
      • Background Note

      Note on Cyberattacks and Regulatory Regimes

      By: Frank Nagle, George A. Riedel, William R. Kerr and David Lane
      Describes common types of cyberattacks on enterprises and their costs, as well as the fragmentary regulatory regimes through which U.S. states and regulatory agencies at the start of 2021 attempted to encourage disclosure of cyberattacks and to pursue enforcement...  View Details
      Keywords: Regulations; Regulatory Agencies; Cyberattacks; Governance; Corporate Disclosure; Cybersecurity; Information Industry; Information Technology Industry; Health Industry; Financial Services Industry; United States
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      Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "Note on Cyberattacks and Regulatory Regimes." Harvard Business School Background Note 723-392, October 2022.
      • August 2022
      • Article

      The Bulletproof Glass Effect: Unintended Consequences of Privacy Notices

      By: Aaron R. Brough, David A. Norton, Shannon L. Sciarappa and Leslie K. John
      Drawing from a content analysis of publicly traded companies’ privacy notices, a survey of managers, a field study, and five online experiments, this research investigates how consumers respond to privacy notices. A privacy notice, by placing legally enforceable limits...  View Details
      Keywords: Choice; Purchase Intent; Privacy; Privacy Notices; Warnings; Assurances; Information Disclosure; Trust; Consumer Behavior; Spending; Decisions; Information; Communication
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      Brough, Aaron R., David A. Norton, Shannon L. Sciarappa, and Leslie K. John. "The Bulletproof Glass Effect: Unintended Consequences of Privacy Notices." Journal of Marketing Research (JMR) 59, no. 4 (August 2022): 739–754.
      • June 2022
      • Case

      Business Implications from Regulating Carbon Emissions in the EU

      By: George Serafeim and Benjamin Maletta
      In the beginning of the 21st century, the European Union (the EU) had led the global fight against climate change with a wide array of policy measures. The EU’s primary approach to climate policy had been taxation via the European Union Emissions Trading System (EU...  View Details
      Keywords: Regulation; Carbon Emissions; Trade; Sustainability; Decarbonization; Performance; Climate Change; Analysis; Strategy; Taxation; Policy; Environmental Regulation; Industry Structures; European Union
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      Serafeim, George, and Benjamin Maletta. "Business Implications from Regulating Carbon Emissions in the EU." Harvard Business School Case 122-106, June 2022.
      • 2021
      • Working Paper

      The Political Economy of Anti-Bribery Enforcement

      By: Lauren Cohen and Bo Li
      This paper documents novel evidence on the influence of political incentives in the regulatory enforcement of foreign bribery. Using exogenous variation in the timing and geographic location of U.S. Congressional elections, we find that the probability of a Foreign...  View Details
      Keywords: Bribery; Regulatory Enforcement; Crime and Corruption; Governance Controls; Political Elections
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      Cohen, Lauren, and Bo Li. "The Political Economy of Anti-Bribery Enforcement." NBER Working Paper Series, No. 29624, December 2021.
      • Article

      The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets

      By: Leemore S. Dafny
      This article describes potential regulatory and legislative reforms to assist antitrust enforcement agencies in halting anticompetitive acquisitions and practices, and preserving and promoting competition in health care markets.  View Details
      Keywords: Health Care and Treatment; Markets; Competition; Governing Rules, Regulations, and Reforms
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      Dafny, Leemore S. "The Covid-19 Pandemic Should Not Delay Actions to Prevent Anticompetitive Consolidation in U.S. Health Care Markets." Promarket (June 10, 2021).
      • 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 2021
      • Case

      Apple: Privacy vs. Safety (A)

      By: Henry McGee, Nien-hê Hsieh and Christian Godwin
      In 2015, Apple CEO Tim Cook debuted the iPhone 6S with enhanced security measures that enflamed a debate on privacy and public safety around the world. The iPhone 6S, amid a heightened concern for privacy following the 2013 revelation of clandestine U.S. surveillance...  View Details
      Keywords: Iphone; Encryption; Data Privacy; Customers; Customer Focus and Relationships; Decision Making; Ethics; Values and Beliefs; Globalized Firms and Management; Government and Politics; National Security; Law; Law Enforcement; Leadership; Markets; Safety; Social Issues; Corporate Social Responsibility and Impact; Civil Society or Community; Mobile Technology; Technology Industry; Consumer Products Industry; Telecommunications Industry; Electronics Industry; United States; China; Hong Kong
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      McGee, Henry, Nien-hê Hsieh, and Christian Godwin. "Apple: Privacy vs. Safety (A)." Harvard Business School Case 321-004, February 2021.
      • August 2020 (Revised May 2021)
      • Case

      PayPal: The Next Chapter

      By: Michael Porter, Mark Kramer and Annelena Lobb
      Can a social purpose and stakeholder capitalism confer a powerful competitive advantage in the age of COVID-19? For PayPal, the answer is yes. After spinning off from eBay in a 2015 IPO, the company declared its purpose as "democratizing financial services" by ensuring...  View Details
      Keywords: Mission and Purpose; Finance; Business and Stakeholder Relations; Social Entrepreneurship; Competitive Advantage; Financial Services Industry
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      Porter, Michael, Mark Kramer, and Annelena Lobb. "PayPal: The Next Chapter." Harvard Business School Case 721-378, August 2020. (Revised May 2021.)
      • January 2020 (Revised July 2020)
      • Case

      BlackRock: Linking Purpose to Profit

      By: Rohit Deshpandé, Aiyesha Dey and George Serafeim
      The case revolves around the actions that Barbara Novick, co-founder and Vice-Chair of Blackrock, and Michelle Edkins, Global Head of Investment Stewardship, would need to take in response to the controversial CEO letters from Laurence (Larry) Fink, Chairman and CEO of...  View Details
      Keywords: Boards Of Directors; Institutional Investors; Disclosure; Transparency; Corporate Purpose; Corporate Profits; ESG; ESG Disclosure Metrics; Corporate Sustainability; Engagement Strategy Of Institutions; Stewardship Role Of Institutions; BlackRock; Corporate Governance; Governing and Advisory Boards; Institutional Investing; Accounting; Corporate Disclosure; Mission and Purpose; Profit; Environmental Sustainability; Climate Change; Diversity; Corporate Accountability; Financial Services Industry; United States
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      Deshpandé, Rohit, Aiyesha Dey, and George Serafeim. "BlackRock: Linking Purpose to Profit." Harvard Business School Case 120-042, January 2020. (Revised July 2020.)
      • November 2019
      • Case

      Floating the Exchange Rate: In Pursuit of the Chinese Dream

      By: Laura Alfaro and Sarah Jeong
      In the decades following 2005, China faced significant financial challenges. Inflation spiraled upwards and China’s economy stagnated in the wake of the Global Financial Crisis. The country’s leaders took an interventionist approach to weather the storm, controlling...  View Details
      Keywords: Exchange Rate; Inflation; Debt; Currency Exchange Rate; Inflation and Deflation; Borrowing and Debt; China
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      Alfaro, Laura, and Sarah Jeong. "Floating the Exchange Rate: In Pursuit of the Chinese Dream." Harvard Business School Case 320-039, November 2019.
      • Summer 2019
      • Article

      The Political Influence of Voters' Interests on SEC Enforcement

      By: Jonas Heese
      I examine whether political influence as a response to voters’ interest in employment levels is reflected in the enforcement actions of the Securities and Exchange Commission (SEC). I find that large employers are less likely to experience SEC enforcement actions....  View Details
      Keywords: SEC Enforcement; Government Preferences; Voters' Interests; Political Influence; Employment; Public Opinion; Government Administration; Governance Compliance; Political Elections
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      Heese, Jonas. "The Political Influence of Voters' Interests on SEC Enforcement." Contemporary Accounting Research 36, no. 2 (Summer 2019): 869–903.
      • Summer 2017
      • Article

      Copyright Enforcement: Evidence from Two Field Experiments

      By: Hong Luo and Julie Holland Mortimer
      Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive dataset of copyright infringement incidences by firms. The data cover two field experiments...  View Details
      Keywords: Copyright; Law Enforcement; Lawsuits and Litigation; Cost
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      Luo, Hong, and Julie Holland Mortimer. "Copyright Enforcement: Evidence from Two Field Experiments." Journal of Economics & Management Strategy 26, no. 2 (Summer 2017): 499–528.
      • August 2017
      • Article

      Is the SEC Captured? Evidence from Comment-Letter Reviews

      By: Jonas Heese, Mozaffar Khan and Karthik Ramanna
      SEC oversight of publicly listed firms ranges from comment letter (CL) reviews of firms’ reporting compliance to pursuing enforcement actions against violators. Prior literature finds that firm political connections (PC) negatively predict enforcement actions,...  View Details
      Keywords: Comment Letters; Political Connections; Regulatory Capture; SEC Enforcement; Government Administration; Business and Government Relations; Government and Politics
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      Heese, Jonas, Mozaffar Khan, and Karthik Ramanna. "Is the SEC Captured? Evidence from Comment-Letter Reviews." Journal of Accounting & Economics 64, no. 1 (August 2017). (Revised June 2017.)
      • June 2012
      • Article

      Decoding Inside Information

      By: Lauren Cohen, Christopher Malloy and Lukasz Pomorski
      Using a simple empirical strategy, we decode the information in insider trading. Exploiting the fact that insiders trade for a variety of reasons, we show that there is predictable, identifiable "routine" insider trading that is not informative for the future of firms....  View Details
      Keywords: Strategy; Financial Markets; Forecasting and Prediction; Law Enforcement; Opportunities; Geographic Location; Business Earnings
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      Cohen, Lauren, Christopher Malloy, and Lukasz Pomorski. "Decoding Inside Information." Journal of Finance 67, no. 3 (June 2012): 1009–1043. (Winner of Chicago Quantitative Alliance Academic Paper Competition. First Prize presented by Chicago Quantitative Alliance.  Winner of Institute for Quantitative Investment Research (INQUIRE) Grant presented by Institute for Quantitative Investment Research.)
      • 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).
      • June 2006 (Revised April 2018)
      • Case

      Creditor Activism in Sovereign Debt: 'Vulture' Tactics or Market Backbone

      By: Laura Alfaro and Ingrid Vogel
      The role of distressed debt funds, also known as "vulture funds," in sovereign debt restructuring was a hotly debated topic, especially after the success of Elliot Associates in converting an $11 million investment in Peruvian bonds worth $21 million into a $58 million...  View Details
      Keywords: Vulture Funds; Borrowing and Debt; Bonds; Investment Activism; Investment Funds; Sovereign Finance; Government and Politics; Contracts; Business and Government Relations; Peru
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      Alfaro, Laura, and Ingrid Vogel. "Creditor Activism in Sovereign Debt: 'Vulture' Tactics or Market Backbone." Harvard Business School Case 706-057, June 2006. (Revised April 2018.)
      • July 2003 (Revised February 2004)
      • Background Note

      M&A Legal Context: Standards Related to the Sale or Purchase of a Company

      By: Carliss Y. Baldwin, Constance E. Bagley and James Quinn
      Introduces students to the legal standards affecting officers and directors when selling or purchasing a company. Provides a practical understanding of the Revlon Standard, the Securities and Exchange Act of 1934, Rule 10b-5, and the legal criteria for a cause of...  View Details
      Keywords: Laws and Statutes; Law Enforcement; Government Legislation; Acquisition; Business Exit or Shutdown; Corporate Governance; Going Public; Courts and Trials
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      Baldwin, Carliss Y., Constance E. Bagley, and James Quinn. "M&A Legal Context: Standards Related to the Sale or Purchase of a Company." Harvard Business School Background Note 904-004, July 2003. (Revised February 2004.)
      • February 1987 (Revised August 1989)
      • Background Note

      United States Trade Law

      By: David B. Yoffie
      Examines the manner in which U.S. trade law and policy has evolved, with emphasis on trade in manufactured goods and services as well as the relationship between the executive and the legislature. The structure and content of U.S. trade law is discussed including a...  View Details
      Keywords: Trade; Machinery and Machining; Policy; Law Enforcement; Outcome or Result; Business and Government Relations; United States
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      Yoffie, David B. "United States Trade Law." Harvard Business School Background Note 387-137, February 1987. (Revised August 1989.)
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