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All HBS Web
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- Faculty Publications (950)
- November 2022
- Case
Wendy Estrella: Scaling Multiple Businesses
By: Jeffrey J. Bussgang and Sarah Mehta
Entrepreneur Wendy Estrella, a self-made, Latina millionaire based in Lawrence, Massachusetts, is attempting to simultaneously scale her law practice as well as her property management and development company. What path should she take for each and can she do it all,...
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- November 11, 2022
- Editorial
Finally Companies Have to Be Upfront about Job Pay Ranges
The significance of pay transparency laws is their role in moving American workplaces away from bias and closer to equal opportunity.
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Keywords:
Pay;
Salary;
Pay Gap;
Transparency;
Wages;
Compensation and Benefits;
Recruitment;
Equality and Inequality
Kanter, Rosabeth Moss. "Finally Companies Have to Be Upfront about Job Pay Ranges." CNN.com (November 11, 2022). (Opinion.)
- October 2022 (Revised September 2023)
- Case
SolarWinds Confronts SUNBURST (A)
On December 12, 2020, SolarWinds learned that malware had been inserted in its software, potentially granting hackers access to thousands and thousands of its 300,000 customers. General Counsel Jason Bliss needed to orchestrate the company response without knowing how...
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Keywords:
Cyberattacks;
Cybersecurity;
Corporate Disclosure;
Crisis Management;
Customer Focus and Relationships;
Legal Liability;
Information Technology Industry;
United States
Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (A)." Harvard Business School Case 723-357, October 2022. (Revised September 2023.)
- October 2022 (Revised September 2023)
- Supplement
SolarWinds Confronts SUNBURST (B)
Supplements the (A) case, describing actions taken by SolarWinds as well as by regulatory agencies in the aftermath of the immediate crisis. The case also includes reflections by SolarWinds managers on the choices they made with respect to disclosure, media relations,...
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Keywords:
Cyberattacks;
Cybersecurity;
Corporate Disclosure;
Crisis Management;
Customer Focus and Relationships;
Legal Liability;
Governance Compliance;
Business and Government Relations;
Information Technology Industry;
United States
Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (B)." Harvard Business School Supplement 723-368, October 2022. (Revised September 2023.)
- October 17, 2022
- Article
When Climate Collaboration Is Treated as an Antitrust Violation
By: Matteo Gasparini, Knut Haanaes and Peter Tufano
Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,...
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Keywords:
Climate Impact;
Climate Finance;
Antitrust;
Anti-trust;
Climate Change;
Environmental Regulation;
Law
Gasparini, Matteo, Knut Haanaes, and Peter Tufano. "When Climate Collaboration Is Treated as an Antitrust Violation." Harvard Business Review (website) (October 17, 2022).
- September 2022 (Revised February 2023)
- Case
EnergyNow: Powering a New Market
By: Alexander MacKay and James Barnett
In August 2022, EnergyNow co-founder and CEO Stuart MacWilliam (MBA 2015) considers the company strategy for building solar panels to provide power in South Africa’s recently deregulated energy market.
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Keywords:
Business Ventures;
Development Economics;
Energy;
Alternative Energy;
Energy Generation;
Energy Sources;
Renewable Energy;
Entrepreneurship;
Environmental Management;
Ethics;
Geography;
Government and Politics;
Energy Policy;
Law;
Management;
Markets;
Market Timing;
Operations;
Energy Industry;
Utilities Industry;
Africa;
South Africa
MacKay, Alexander, and James Barnett. "EnergyNow: Powering a New Market." Harvard Business School Case 723-361, September 2022. (Revised February 2023.)
- September 2022 (Revised November 2022)
- Case
The Uyghur Forced Labor Prevention Act: Forced Labor and Genocide in U.S.-China Relations
By: Jeremy Friedman and David Lane
On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, requiring companies to prove that goods imported from the People’s Republic of China were not made with forced labor. The bill was a reaction to reports of products being made with...
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Keywords:
Ethics;
Multinational Firms and Management;
Globalized Markets and Industries;
Governing Rules, Regulations, and Reforms;
Policy;
Government Legislation;
International Relations;
Labor;
Wages;
Law Enforcement;
Law;
Rights;
Operations;
Supply Chain Management;
Business and Government Relations;
Agriculture and Agribusiness Industry;
Agriculture and Agribusiness Industry;
Agriculture and Agribusiness Industry;
China;
United States
Friedman, Jeremy, and David Lane. "The Uyghur Forced Labor Prevention Act: Forced Labor and Genocide in U.S.-China Relations." Harvard Business School Case 723-001, September 2022. (Revised November 2022.)
- 2022
- Book
Corporate Criminal Investigations and Prosecutions
By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and...
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Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
- 2022
- Article
Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response
By: Alexander MacKay and Samuel N. Weinstein
Pricing algorithms are rapidly transforming markets, from ride-sharing apps, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate...
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Keywords:
Competition Policy;
Regulation;
Algorithmic Pricing;
Dynamic Pricing;
Economics;
Law And Economics;
Law And Regulation;
Consumer Protection;
Antitrust Law;
Industrial Organization;
Antitrust Issues And Policies;
Technological Change: Choices And Consequences;
Competition;
Policy;
Price;
Governing Rules, Regulations, and Reforms;
Microeconomics;
Duopoly and Oligopoly;
Law
MacKay, Alexander, and Samuel N. Weinstein. "Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response." Washington University Law Review 100, no. 1 (2022): 111–174. (Direct download.)
- September 2022
- Article
Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities
By: Leemore Dafny, Christopher Ody and Teresa Rokos
The federal Anti-Kickback Statute prohibits biopharmaceutical manufacturers from directly covering Medicare enrollees’ out-of-pocket spending for the drugs they manufacture, but manufacturers may donate to independent patient assistance charities and earmark donations...
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Keywords:
Cost Sharing;
Prescription Drugs;
Drug Spending;
Medicare;
Dual Eligibility;
Cost;
Health Care and Treatment;
Philanthropy and Charitable Giving;
Pharmaceutical Industry
Dafny, Leemore, Christopher Ody, and Teresa Rokos. "Giving a Buck or Making a Buck? Donations by Pharmaceutical Manufacturers to Independent Patient Assistance Charities." Health Affairs 41, no. 9 (September 2022).
- September 2022
- Teaching Note
Marsha Simms: Trailblazer in Corporate Law
By: Robin Ely, Boris Groysberg and Colleen Ammerman
Teaching Note for HBS Case No. 422-012.
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- September 2022
- Article
Regulatory Spillover and Workplace Racial Inequality
By: Letian Zhang
This paper suggests that affirmative action bans in the U.S. public sector may influence racial inequality in the private sector. Since the 1990s, nine states have banned affirmative action practice in public universities and state governments. Though these bans have...
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Keywords:
Inequality;
Regulation;
Law;
Organizational Norm;
CEO;
Affirmative Action;
Organizations;
Private Sector;
Equality and Inequality;
Diversity;
Race;
Governing Rules, Regulations, and Reforms
Zhang, Letian. "Regulatory Spillover and Workplace Racial Inequality." Administrative Science Quarterly 67, no. 3 (September 2022): 595–629.
- August 2022
- Article
The U.S. Approach to Antitrust Policy in Technology Markets
By: Shane Greenstein
This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,...
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Greenstein, Shane. "The U.S. Approach to Antitrust Policy in Technology Markets." AEI Digital Platforms and American Life Project (August 2022).
- August 2022
- Article
Contract Duration and the Costs of Market Transactions
By: Alexander MacKay
The optimal duration of a supply contract balances the costs of reselecting a supplier against the costs of being matched to an inefficient supplier when the contract lasts too long. I develop a structural model of contract duration that captures this tradeoff and...
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Keywords:
Supply Contracts;
Intermediate Goods;
Switching Costs;
Vertical Relationships;
Transaction Costs;
Contract Duration;
Identification;
Supply Chain;
Cost;
Contracts;
Auctions;
Mathematical Methods
MacKay, Alexander. "Contract Duration and the Costs of Market Transactions." American Economic Journal: Microeconomics 14, no. 3 (August 2022): 164–212.
- Article
To Drive Efforts...Don't Tiptoe Around Your Legal Risk
By: Edward Chang and Bonnie Levine
Many Diversity, Equity, and Inclusion (DEI) initiatives are scuttled because DEI leaders and legal teams feel themselves to be at odds over questions of acceptable risk. DEI leaders see lawyers as guardians of the status quo, whereas legal experts, trained to...
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Chang, Edward, and Bonnie Levine. "To Drive Efforts...Don't Tiptoe Around Your Legal Risk." Harvard Business Review 100, no. 4 (July–August 2022): 74–81.
- July 2022 (Revised January 2024)
- 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...
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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;
Entertainment and Recreation Industry;
North America;
California
Heese, Jonas, Joseph Pacelli, and James Barnett. "Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard." Harvard Business School Case 123-011, July 2022. (Revised January 2024.)
- June 2022
- Teaching Plan
Pacesetters
By: Jeffrey J. Bussgang and Mel Martin
Teaching Plan for HBS Case No. 322-019. City Sealcoating CEO Keith Chaney had just publicly called out the Boston Chamber of Commerce for their slow progress on their supplier diversity program, Pacesetters. Established in 2018 by regional business leaders,...
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- June 25, 2022
- Guest Column
CEOs Didn't Make the Roe Decision. It's Still Their Problem to Solve
By: Sandra Sucher
Keywords:
Health Care and Treatment;
Trust;
Rights;
Government Legislation;
Social Issues;
Employee Relationship Management;
Corporate Social Responsibility and Impact;
United States
Sucher, Sandra. "CEOs Didn't Make the Roe Decision. It's Still Their Problem to Solve." Barron's (June 25, 2022).
- June 2022 (Revised October 2022)
- Case
Can Goodr Fight Food Insecurity at Scale?
By: Daniel Isenberg and William R. Kerr
Jasmine Crowe founded Goodr to redirect food waste to people in need. Now a profitable enterprise, she’s searching for Series A funding and encountering pushback. Scaling and contract concerns are also at the forefront of her mind, but so are her values. Feeding...
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Keywords:
Entrepreneurship;
Investor Demand;
Food;
Corporate Social Responsibility and Impact;
Values and Beliefs;
Social Issues;
Race;
Opportunities;
Contracts;
Mission and Purpose;
Financing and Loans
Isenberg, Daniel, and William R. Kerr. "Can Goodr Fight Food Insecurity at Scale?" Harvard Business School Case 822-143, June 2022. (Revised October 2022.)
- June 2022 (Revised January 2023)
- Case
South Africa – a 'Just Energy Transition'
By: Richard Vietor
South Africa, like most other countries, is in the process of reducing its carbon emissions to comply with COP26 and, hopefully, reach net zero emissions by 2050. However, because South Africa relies almost wholly on coal (93%) for electricity, and on coal for...
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Keywords:
Energy;
Economic Development;
Climate Change;
Coal Mining;
Emission Reduction;
Environmental Regulation;
Environmental Sustainability;
Environmental Law;
Labor and Management Relations;
Labor Unions;
Natural Resources;
Energy Policy;
Energy Sources;
South Africa
Vietor, Richard. "South Africa – a 'Just Energy Transition'." Harvard Business School Case 722-069, June 2022. (Revised January 2023.)