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Lawsuit →
- 2013
- Working Paper
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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Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Working Paper, 2013. (Harvard Business School Working Paper, No. 13-104, June 2013.)
- February 2013
- Article
An Activity-Generating Theory of Regulation
By: Joshua Schwartzstein and Andrei Shleifer
We propose an activity-generating theory of regulation. When courts make errors, tort litigation becomes unpredictable and as such imposes risk on firms, thereby discouraging entry, innovation, and other socially desirable activity. When social returns to activity are...
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Keywords:
Courts and Trials;
Lawsuits and Litigation;
Governing Rules, Regulations, and Reforms;
Theory
Schwartzstein, Joshua, and Andrei Shleifer. "An Activity-Generating Theory of Regulation." Journal of Law & Economics 56, no. 1 (February 2013): 1–38. (Lead Article.)
- December 2012 (Revised November 2014)
- Case
W.R. Grace & Co.: Dealing with Asbestos Torts
By: Stuart C. Gilson and Sarah L. Abbott
A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract...
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Keywords:
Bankruptcy Reorganization;
Business Failures;
Environmental Regulations;
Class Action Lawsuits;
Natural Environment;
Valuation;
Health Disorders;
Capital Structure;
Restructuring;
Lawsuits and Litigation;
Chemicals;
Crisis Management;
Insolvency and Bankruptcy;
Legal Liability;
Construction Industry;
Chemical Industry;
United States
Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
- 2012
- Book
Commentaries and Cases on the Law of Business Organization
By: William T. Allen, Reinier Kraakman and Guhan Subramanian
This fourth edition is completely updated throughout. It now includes excerpts from important recent cases such as "Air Products v. Airgas" and "In re CNX Gas" and provides commentary on current developments, such as "Say on Pay," proxy access and the Dodd-Frank Act of...
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Allen, William T., Reinier Kraakman, and Guhan Subramanian. Commentaries and Cases on the Law of Business Organization. 4th ed. Aspen Publishing, 2012.
- 2013
- Working Paper
Securities Litigation Risk for Foreign Companies Listed in the U.S.
By: Beiting Cheng, Suraj Srinivasan and Gwen Yu
We study securities litigation risk faced by foreign firms listed on U.S. exchanges. We take into account not only the propensity for foreign firms to commit violations of U.S. securities laws but also the costs that investors face when suing foreign firms. We find...
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Keywords:
Litigation Risk;
Cross Listing;
Bonding;
10b-5;
Securities Litigation;
U.S.Listing;
Class Action;
Risk and Uncertainty;
Debt Securities;
Globalized Firms and Management;
Ethics;
Lawsuits and Litigation;
United States
Cheng, Beiting, Suraj Srinivasan, and Gwen Yu. "Securities Litigation Risk for Foreign Companies Listed in the U.S." Harvard Business School Working Paper, No. 13-036, October 2012. (Revised March 2014.)
- October 2012
- Supplement
Olympus (B)
By: Jay W. Lorsch, Suraj Srinivasan and Kathleen Durante
This case outlines Michael Woodford's awards and honors, after having been fired from Olympus in October 2011. It discusses the repercussions following an investigation into the fraud and the report that was released thereafter. It also discusses the lawsuit that...
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Lorsch, Jay W., Suraj Srinivasan, and Kathleen Durante. "Olympus (B) ." Harvard Business School Supplement 413-075, October 2012.
- July 2012
- Case
El Paso's Sale to Kinder Morgan
By: John Coates, Clayton Rose and David Lane
On October 16, 2011, El Paso agreed to sell itself to Kinder Morgan for just over $21 billion. Shareholders filed suit, arguing that the process was tainted by conflict and that a higher price could be obtained. Delaware Chancellor Leo Strine agreed with the plaintiffs...
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Keywords:
El Paso;
Kinder Morgan;
Goldman Sachs;
Leo Strine;
Conflicts Of Interest;
Corporate Governance;
Relationships;
Lawsuits and Litigation;
Energy Industry;
Banking Industry;
United States
Coates, John, Clayton Rose, and David Lane. "El Paso's Sale to Kinder Morgan." Harvard Business School Case 313-021, July 2012.
- December 2011
- Article
Alchemy of Evidence: Mau Mau, the British Empire, and the High Court of Justice
By: Caroline Elkins
Restorative justice in various forms is a phenomenon that has swept across the globe over the last three decades. Most recently, it is unfolding in the High Court of Justice in London where five Kenyans have filed a claim against the British government, alleging that...
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Elkins, Caroline. "Alchemy of Evidence: Mau Mau, the British Empire, and the High Court of Justice." Journal of Imperial and Commonwealth History 39, no. 5 (December 2011): 731–748.
- October 2011
- Case
Raleigh & Rosse: Measures to Motivate Exceptional Service
By: Robert Simons and Michael Mahoney
In January 2010, U.S. luxury goods retailer Raleigh & Rosse is being sued by its employees for encouraging "off the clock" hours. At the center of the class action lawsuit is the famous Raleigh & Rosse performance measurement system previously thought to be the core of...
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Keywords:
Control Systems;
Performance Measurement;
Goal Setting;
Compensation;
Incentives;
Motivation;
Sales Compensation;
Motivation and Incentives;
Goals and Objectives;
Growth Management;
Lawsuits and Litigation;
Organizational Culture;
Management Systems;
Customer Focus and Relationships;
Employees;
Performance Evaluation;
Compensation and Benefits;
Retail Industry;
United States
Simons, Robert, and Michael Mahoney. "Raleigh & Rosse: Measures to Motivate Exceptional Service." Harvard Business School Brief Case 114-353, October 2011.
- July 2011
- Case
Shifting the Diversity Climate: The Sodexo Solution
By: David A. Thomas and Stephanie J. Creary
This case profiles the evolution of Sodexo's diversity initiative. Diversity became a key priority for Sodexo, North America in 2001 after a class-action lawsuit was filed and certified in Washington, D.C. against Sodexo Marriot Services, Inc., the food services...
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Keywords:
Diversity;
Business Strategy;
Globalization;
Management Teams;
Gender;
Race;
Ethnicity;
Age;
Food and Beverage Industry;
North America;
Washington (state, US)
Thomas, David A., and Stephanie J. Creary. "Shifting the Diversity Climate: The Sodexo Solution." Harvard Business School Case 412-020, July 2011.
- May 2011 (Revised June 2011)
- Case
The Crisis at Tyco - A Director's Perspective
By: Suraj Srinivasan and Aldo Sesia
In 2002, Wendy Lane had been a member of the board of directors at Tyco International a little more than a year when the company's CEO Dennis Kozlowski and other top executives were accused of fraud, which ultimately led to resignations, imprisonments, lawsuits, and...
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Keywords:
Management Teams;
Reputation;
Governing and Advisory Boards;
Crisis Management;
Accounting Audits;
Problems and Challenges;
Risk Management;
Finance;
Managerial Roles;
Lawsuits and Litigation;
Service Industry;
United States
Srinivasan, Suraj, and Aldo Sesia. "The Crisis at Tyco - A Director's Perspective." Harvard Business School Case 111-035, May 2011. (Revised June 2011.)
- November 2010 (Revised May 2014)
- Case
Dow's Bid for Rohm and Haas
By: Benjamin C. Esty and David Lane
This case analyzes Dow Chemical Company's proposed acquisition of Rohm and Haas in 2008. The $18.8 billion acquisition was part of Dow's strategic transformation from a slow-growth, low-margin, and cyclical producer of basic chemicals into a higher-growth,...
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Keywords:
Mergers and Acquisitions;
Financial Crisis;
Capital Structure;
Financial Condition;
Financial Management;
Contracts;
Lawsuits and Litigation;
Risk and Uncertainty;
Valuation;
Chemical Industry
Esty, Benjamin C., and David Lane. "Dow's Bid for Rohm and Haas." Harvard Business School Case 211-020, November 2010. (Revised May 2014.)
- November 2010
- Supplement
Dow's Bid for Rohm and Haas (CW)
By: Benjamin C. Esty
Spreadsheet Supplement for 211020.
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- November 2010
- Article
The Litigation of Financial Innovations
By: Josh Lerner
This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to...
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Lerner, Josh. "The Litigation of Financial Innovations." Journal of Law & Economics 53, no. 4 (November 2010): 807–831.
- October 2010
- Case
Cherie Blair: Inventing Herself
By: Boris Groysberg, Robin Abrahams and Lindsay Tanne
Cherie Blair was famous, or infamous, in the United Kingdom as first lady from 1997 to 2007. Her marriage to Tony Blair, however, was the result of her own groundbreaking career in law--a career she fought to keep during the 10 years of her husband's tenure as Prime...
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Keywords:
Work-Life Balance;
Success;
Lawsuits and Litigation;
Government Administration;
United Kingdom
Groysberg, Boris, Robin Abrahams, and Lindsay Tanne. "Cherie Blair: Inventing Herself." Harvard Business School Case 411-021, October 2010.
- September 2010 (Revised July 2013)
- Case
Alnylam Pharmaceuticals: Building Value from the IP Estate
By: Willy C. Shih and Sen Chai
The learning objective of this case is to help students recognize the interplay between intellectual property (IP) rights and corporate strategy. We do this by examining what is a fairly atypical circumstance today in which a single firm is able to secure what it...
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Keywords:
Patents;
Lawsuits and Litigation;
Rights;
Competitive Strategy;
Corporate Strategy;
Biotechnology Industry;
Pharmaceutical Industry;
United States
Shih, Willy C., and Sen Chai. "Alnylam Pharmaceuticals: Building Value from the IP Estate." Harvard Business School Case 611-009, September 2010. (Revised July 2013.)
- September 2010
- Teaching Note
Alnylam Pharmaceuticals: Building Value from the IP Estate (TN)
By: Willy C. Shih
Teaching Note for 611009.
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- 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...
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Keywords:
Lawsuits and Litigation;
Insolvency and Bankruptcy;
Sovereign Finance;
Borrowing and Debt;
Debt Securities;
Motivation and Incentives;
Markets;
Equity;
Banking Industry;
Latin America
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): 39–46.
- August 2010 (Revised March 2012)
- Supplement
The Dow Acquisition of Rohm and Haas (D)
By: Jay W. Lorsch and Melissa Barton
Dow's board and management team worked on arranging appropriate financing to complete the acquisition of Rohm and Haas. Meanwhile, the board of Rohm and Haas filed suit against Dow after it delayed the completion of the acquisition.
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Keywords:
Mergers and Acquisitions;
Financing and Loans;
Governing and Advisory Boards;
Lawsuits and Litigation;
Management Teams;
Chemical Industry
Lorsch, Jay W., and Melissa Barton. "The Dow Acquisition of Rohm and Haas (D)." Harvard Business School Supplement 411-004, August 2010. (Revised March 2012.)
- May 2010 (Revised May 2013)
- Case
C.K. Claridge, Inc.
Sued for patent infringement, chemical manufacturer C.K. Claridge tries to design a settlement strategy taking into account a decision analysis of litigating v. negotiating. The plaintiffs are the patent holder and its sole licensee, who is also a CKC competitor. (This...
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Keywords:
Decision Making;
Patents;
Lawsuits and Litigation;
Negotiation Style;
Negotiation Tactics;
Chemical Industry
Sebenius, James K. "C.K. Claridge, Inc." Harvard Business School Case 910-045, May 2010. (Revised May 2013.)