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- Faculty Publications (163)
Lawsuit →
- 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...
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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.
- June 2017 (Revised September 2021)
- Case
Sales Misconduct at Wells Fargo Community Bank
Set in early 2017, this case examines widespread sales misconduct at Wells Fargo Community Bank. Wells Fargo's governance and controls are described in the lead up to the September 2016 announcement that Wells Fargo had settled with regulators for $185 million in...
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Keywords:
Corporate Governance;
Governance Controls;
Governing Rules, Regulations, and Reforms;
Governing and Advisory Boards;
Executive Compensation;
Lawsuits and Litigation;
Crisis Management;
Mission and Purpose;
Organizational Design;
Business and Community Relations;
Business and Government Relations;
Crime and Corruption;
Business Organization;
Business Model;
Ethics;
Corporate Accountability;
Governance Compliance;
Policy;
Compensation and Benefits;
Resignation and Termination;
Laws and Statutes;
Legal Liability;
Business or Company Management;
Risk Management;
Business Processes;
Organizational Culture;
Organizational Structure;
Failure;
Agency Theory;
Business and Shareholder Relations;
Business and Stakeholder Relations;
Risk and Uncertainty;
Salesforce Management;
Public Opinion;
Banking Industry;
North and Central America
Srinivasan, Suraj, Dennis W. Campbell, Susanna Gallani, and Amram Migdal. "Sales Misconduct at Wells Fargo Community Bank." Harvard Business School Case 118-009, June 2017. (Revised September 2021.)
- June 2017 (Revised October 2017)
- Case
Uber in 2017: One Bumpy Ride
By: Suraj Srinivasan, Jay W. Lorsch and Quinn Pitcher
Uber Technologies Inc., the popular ride-hailing company, entered 2017 having doubled its bookings in 2016 and achieving a valuation of nearly $70 billion, making it the largest venture capital-backed company in the world. Co-founder and CEO Travis Kalanick embodied...
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Keywords:
Governance;
Information Technology;
Transportation;
Venture Capital;
Organizational Culture;
Technology Industry;
Transportation Industry;
United States
Srinivasan, Suraj, Jay W. Lorsch, and Quinn Pitcher. "Uber in 2017: One Bumpy Ride." Harvard Business School Case 117-070, June 2017. (Revised October 2017.)
- April 2017
- Teaching Note
Golden Rule
By: Andrew Wasynczuk
Jim Golden wants to radically change how catastrophic trucking accident lawsuit claims are handled by his trucking company. He wants to “do the right thing” for both the claimant and his company. Golden is a former litigator with 16 years of experience defending...
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- Article
Market Reactions to Sovereign Litigation
By: Faisal Z. Ahmed and Laura Alfaro
Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede...
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Keywords:
Sovereign Debt;
Litigation;
Vulture Funds;
Argentina;
Sovereign Finance;
Lawsuits and Litigation;
Markets;
Argentina
Ahmed, Faisal Z., and Laura Alfaro. "Market Reactions to Sovereign Litigation." Capital Markets Law Journal 12, no. 2 (April 2017): 141–163.
- February 2017 (Revised January 2022)
- Supplement
Bankruptcy at Caesars Entertainment (B)
By: Kristin Mugford
Keywords:
Gaming;
Chapter 11;
Fraudulent Conveyance;
Apollo;
TPG;
Bankruptcy;
Leveraged Buyouts;
Restructuring;
Capital Structure;
Insolvency and Bankruptcy;
Private Equity;
Financial Management;
Lawsuits and Litigation;
Negotiation;
Entertainment and Recreation Industry;
Las Vegas
Mugford, Kristin. "Bankruptcy at Caesars Entertainment (B)." Harvard Business School Supplement 217-058, February 2017. (Revised January 2022.)
- 2017
- Chapter
Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both aggregate trends and cross-sectional differences amongst various types of NPEs. Survey evidence illustrates a number of ways in which NPEs can...
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Keywords:
Patent Trolls;
NPEs;
PAEs;
Innovation;
Patents;
Lawsuits and Litigation;
Innovation and Invention
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey." In Patent Assertion Entities and Competition Policy, edited by D. Daniel Sokol. Cambridge University Press, 2017.
- 2016
- Working Paper
The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms
By: Anywhere Sikochi
I document the causal link between shareholder litigation risk and cross-listed firms’ information environment by exploiting a quasi-natural experiment in the form of a reduction in litigation risk resulting from the 2010 Supreme Court ruling in Morrison v. National...
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Keywords:
Cross-listing;
Information Environment;
Shareholder Litigation Risk;
D&O Insurance;
Risk and Uncertainty;
Lawsuits and Litigation;
Business and Shareholder Relations
Sikochi, Anywhere. "The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms." Harvard Business School Working Paper, No. 17-048, December 2016.
- October 2016 (Revised September 2017)
- Case
The CRISPR-Cas9 Quarrel
By: Richard G. Hamermesh and Matthew G. Preble
In mid-2016, the Broad Institute and the University of California, Berkeley were in the middle of a contentious patent dispute over which entity controlled a breakthrough gene editing technology called CRISPR-Cas9. With CRISPR-Cas9, scientists might soon be able to...
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Keywords:
CRISPR;
Broad Institute;
University Of California Berkeley;
Intellectual Property;
Patents;
Law;
Lawsuits and Litigation;
Science;
Genetics;
Entrepreneurship;
Biotechnology Industry;
United States
Hamermesh, Richard G., and Matthew G. Preble. "The CRISPR-Cas9 Quarrel." Harvard Business School Case 817-020, October 2016. (Revised September 2017.)
- Article
The Growing Problem of Patent Trolling
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
The last decade has seen a sharp rise in patent litigation in the U.S., with 2015 having one of the highest patent lawsuit counts on record. In theory, this could be a consequence of growth in the commercialization of technology and innovation—patent lawsuits increase...
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Keywords:
Patent Aggregators;
Patent Litigation;
Patent Pools;
Patent Trolls;
Patents;
Lawsuits and Litigation;
United States
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "The Growing Problem of Patent Trolling." Science 352, no. 6285 (April 29, 2016): 521–522. (Explanatory Video.)
- 2016
- Working Paper
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
By: Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of...
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Keywords:
Patent Wars;
Patent Litigation;
Intellectual Property (IP) Enforcement;
Institutions;
Smartphone;
Patent Thicket;
Digital Platforms;
Patents;
Lawsuits and Litigation;
Globalized Markets and Industries;
Business Strategy;
Telecommunications Industry
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
- February 2016 (Revised March 2019)
- Case
Bankruptcy at Caesars Entertainment
By: Kristin Mugford and David Chan
Caesars Entertainment was a large casino operator in the United States that had been purchased in a 2008 leveraged buyout by Apollo and TPG. In January 2015, Caesars Entertainment Operating Company (CEOC), its largest subsidiary, filed for Chapter 11. This set up a...
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Keywords:
Gaming;
Chapter 11;
Fraudulent Conveyance;
Apollo;
TPG;
Bankruptcy;
Leveraged Buyouts;
Restructuring;
Capital Structure;
Insolvency and Bankruptcy;
Private Equity;
Financial Management;
Lawsuits and Litigation;
Negotiation;
Games, Gaming, and Gambling;
Entertainment and Recreation Industry;
Las Vegas
Mugford, Kristin, and David Chan. "Bankruptcy at Caesars Entertainment." Harvard Business School Case 216-052, February 2016. (Revised March 2019.)
- January 2016 (Revised February 2016)
- Case
Citizens United and Corporate Speech
By: David Moss and Marc Campasano
The story of Citizens United began in late 2007, as leading members of the Republican and Democratic parties were preparing for the 2008 presidential primaries. Democrats expected a three-way contest in their party between Senator Barack Obama of Illinois, Senator (and...
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- 2015
- Working Paper
Financial Patent Quality: Finance Patents After State Street
By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon
In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these...
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Lerner, Josh, Andrew Speen, Mark Baker, and Ann Leamon. "Financial Patent Quality: Finance Patents After State Street." Harvard Business School Working Paper, No. 16-068, December 2015.
- January 2015
- Case
Chevron Under Fire
By: George Serafeim, Rebecca Henderson and Christine Snively
Oil giant, Chevron, faced numerous challenges on environmental, social and governance (ESG) grounds in the first decade of the 21st century, including some major lawsuits and actions by NGOs. The case describes those challenges and raises questions about what is the...
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- October 2014 (Revised September 2017)
- Case
The National Football League and Brain Injuries
By: Richard G. Hamermesh and Matthew G. Preble
The National Football League (NFL) was both the most popular spectator sport in the U.S. and a major economic entity, taking in roughly $10 billion a year in revenue. However through the early twenty-first century, an increased understanding of the long-term effects of...
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Keywords:
Employee Safety;
Safety;
Employees;
Sports;
Health;
Ethics;
Sports Industry;
United States
Hamermesh, Richard G., and Matthew G. Preble. "The National Football League and Brain Injuries." Harvard Business School Case 815-071, October 2014. (Revised September 2017.)
- 2018
- Working Paper
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. We find that on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms—and target cash in...
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Keywords:
Patent Trolls;
NPEs;
PAEs;
Innovation;
Patents;
Ethics;
Lawsuits and Litigation;
Innovation and Invention;
Corporate Finance
Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Harvard Business School Working Paper, No. 15-002, July 2014. (Revised June 2018.)
- 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...
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Keywords:
Independent Directors;
Litigation Risk;
Class Action Lawsuits;
Director Accountability;
Reputation;
Boards Of Directors;
Corporate Governance;
Debt Securities;
Corporate Accountability;
Lawsuits and Litigation
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.
- October 2013 (Revised January 2014)
- Supplement
Fred Khosravi and AccessClosure (B)
By: Richard G. Hamermesh and Lauren Barley
It was January 2013, and Fred Khosravi, chairman of the board of AccessClosure Inc., wondered what the new year had in store for him and AccessClosure, the company he founded in late 2002. Khosravi was cautiously optimistic—the Mountain View, California-based medical...
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Keywords:
Medical Devices;
Vascular Closure Device;
Patent Litigation;
Patenting;
Biomedical Research;
Biotechnology;
Biotech;
Technological Innovation;
Patents;
Health Care and Treatment;
Biotechnology Industry;
United States;
California
Hamermesh, Richard G., and Lauren Barley. "Fred Khosravi and AccessClosure (B)." Harvard Business School Supplement 814-038, October 2013. (Revised January 2014.)
- 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
Lorsch, Jay W., Kathleen Durante, and Emily McTague. "United Rentals (A)." Harvard Business School Case 414-043, September 2013.