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All HBS Web
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- Faculty Publications (194)
- December 2019
- Article
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of nonpracticing 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;
Innovation;
Patents;
Lawsuits and Litigation;
Ethics;
Innovation and Invention
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Management Science 65, no. 12 (December 2019): 5461–5486. (Cited in the United States Federal Trade Commission Report on Patent Assertion Entities, 2016.)
- September 2019 (Revised May 2020)
- Case
Keroche (A): Fighting for Share in the Kenyan Alcoholic Drinks Market
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case discusses the challenges faced by Kenyan alcoholic drinks producer Keroche Industries Limited in 2003, when the Kenyan government accused the company of manufacturing and selling substandard alcoholic drinks, revoked its liquor licenses, and shut down its...
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Keywords:
Keroche;
Alcohol;
Wine;
Manufacturing;
Informal Market;
Regulation;
Illicit;
Illegal;
Shutdown;
Factory;
Low-income Consumers;
Multinational;
Local;
Government;
Allegations;
Accusations;
Negative Press;
EABL;
Tusker;
Beer;
SAB;
Chang'aa;
Naivasha;
Rift Valley;
East Africa;
Lawsuit;
Legal Battle;
Business Ventures;
Business Exit or Shutdown;
Business Growth and Maturation;
Business Startups;
Production;
Safety;
Quality;
Distribution;
Small Business;
Family Business;
Crime and Corruption;
Customer Focus and Relationships;
Decisions;
Income;
Demographics;
Geographic Scope;
Geographic Location;
Goods and Commodities;
Government Legislation;
Growth and Development;
Business History;
Lawsuits and Litigation;
Laws and Statutes;
Lawfulness;
Goals and Objectives;
Consumer Behavior;
Market Entry and Exit;
Problems and Challenges;
Social Issues;
Poverty;
Strategy;
Competition;
Entrepreneurship;
Food and Beverage Industry;
Food and Beverage Industry;
Kenya;
Nairobi;
Africa
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (A): Fighting for Share in the Kenyan Alcoholic Drinks Market." Harvard Business School Case 720-390, September 2019. (Revised May 2020.)
- September 2019
- Supplement
Keroche (B): Considering Entry into the Kenyan Beer Market
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case discusses the situation of the Kenyan alcoholic drinks producer Keroche in July 2004, when co-founder Tabitha Karanja was debating whether to enter the Kenyan beer market. Doing so would mean direct competition with the multinational EABL in an industry and...
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Keywords:
Keroche;
Alcohol;
Alcoholic Drinks;
Alcoholic Beverages;
Beverages;
Drinks;
Wine Industry;
Wine;
Fortified Wine;
Viena;
Beer;
Beer Market;
Manufacturing;
Production Capacity;
Capacity;
Growth;
Regulated;
Unregulated;
Informal;
Informal Market;
Regulation;
Illicit;
Illegal;
Substandard;
Dangerous;
Shutdown;
Factory;
Safe;
Affordable;
Low-income Consumers;
Business Growth and Maturation;
Business Startups;
Production;
Investment;
Safety;
Quality;
Small Business;
Family Business;
Crime and Corruption;
Customer Focus and Relationships;
Decisions;
Income;
Demographics;
Geographic Scope;
Geographic Location;
Goods and Commodities;
Government Legislation;
Growth and Development;
Business History;
Lawsuits and Litigation;
Laws and Statutes;
Lawfulness;
Goals and Objectives;
Consumer Behavior;
Market Entry and Exit;
Problems and Challenges;
Social Issues;
Poverty;
Strategy;
Competition;
Entrepreneurship;
Marketing;
Food and Beverage Industry;
Food and Beverage Industry;
Kenya;
Nairobi;
Africa
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (B): Considering Entry into the Kenyan Beer Market." Harvard Business School Supplement 720-391, September 2019.
- September 2019 (Revised May 2020)
- Supplement
Keroche (C): The Excise Tax Increase
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case discusses the Kenyan government’s decision to increase excise taxes on wines in 2007. The tax increase would cause an average increase in price of 367% on Keroche’s fortified wines. Meanwhile, Keroche’s competitor EABL had effectively lobbied the government...
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Keywords:
Keroche;
Alcohol;
Alcoholic Drinks;
Alcoholic Beverages;
Beverages;
Drinks;
Wine Industry;
Wine;
Fortified Wine;
Business Ventures;
Business Exit or Shutdown;
Business Growth and Maturation;
Business Startups;
Small Business;
Family Business;
Crime and Corruption;
Customer Focus and Relationships;
Decisions;
Income;
Demographics;
Geographic Scope;
Geographic Location;
Goods and Commodities;
Government Legislation;
Growth and Development;
Business History;
Lawsuits and Litigation;
Laws and Statutes;
Lawfulness;
Goals and Objectives;
Consumer Behavior;
Market Entry and Exit;
Problems and Challenges;
Safety;
Social Issues;
Poverty;
Strategy;
Competition;
Entrepreneurship;
Food and Beverage Industry;
Food and Beverage Industry;
Kenya;
Nairobi;
Africa
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (C): The Excise Tax Increase." Harvard Business School Supplement 720-392, September 2019. (Revised May 2020.)
- September 2019 (Revised May 2020)
- Supplement
Keroche (D): Transforming the Core Business
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case describes Keroche co-founder Tabitha Karanja’s decision to exit the wine business following the Kenyan government’s 2007 increase in excise taxes on wine. In August 2007, Keroche introduced the vodka drink Viena Ice as a replacement for its fortified wines,...
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Keywords:
Keroche;
Alcohol;
Alcoholic Beverages;
Alcoholic Drinks;
Beverages;
Drinks;
Wine Industry;
Wine;
Fortified Wine;
Viena;
Viena Ice;
Beer;
Beer Market;
Premium Beer;
Manufacturing;
Summit Lager;
Business Ventures;
Business Exit or Shutdown;
Business Growth and Maturation;
Business Startups;
Small Business;
Family Business;
Crime and Corruption;
Customer Focus and Relationships;
Decisions;
Income;
Demographics;
Geographic Scope;
Geographic Location;
Goods and Commodities;
Government Legislation;
Growth and Development;
Business History;
Lawsuits and Litigation;
Laws and Statutes;
Lawfulness;
Goals and Objectives;
Consumer Behavior;
Market Entry and Exit;
Problems and Challenges;
Safety;
Social Issues;
Poverty;
Strategy;
Competition;
Food and Beverage Industry;
Food and Beverage Industry;
Kenya;
Nairobi;
Africa
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (D): Transforming the Core Business." Harvard Business School Supplement 720-393, September 2019. (Revised May 2020.)
- September 2019 (Revised May 2020)
- Supplement
Keroche (E): Considering Additional Capacity
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case describes Keroche’s growth after entering the beer business in 2008. Although the company was operating at full capacity and not able to fulfill all of its orders, Tabitha Karanja had set a goal of growing Keroche’s share of the Kenyan beer market from...
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Keywords:
Keroche;
Alcohol;
Alcoholic Beverages;
Beer;
Beer Market;
Premium Beer;
Manufacturing;
Production;
Production Capacity;
Capacity;
Business Ventures;
Business Exit or Shutdown;
Business Growth and Maturation;
Business Startups;
Small Business;
Family Business;
Crime and Corruption;
Customer Focus and Relationships;
Decisions;
Income;
Demographics;
Geographic Scope;
Geographic Location;
Goods and Commodities;
Government Legislation;
Growth and Development;
Business History;
Lawsuits and Litigation;
Laws and Statutes;
Lawfulness;
Goals and Objectives;
Consumer Behavior;
Market Entry and Exit;
Problems and Challenges;
Safety;
Social Issues;
Poverty;
Strategy;
Competition;
Entrepreneurship;
Investment;
Financing and Loans;
Food and Beverage Industry;
Food and Beverage Industry
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (E): Considering Additional Capacity." Harvard Business School Supplement 720-394, September 2019. (Revised May 2020.)
- September 2019 (Revised May 2020)
- Supplement
Keroche (F): Future Growth Plans
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case describes Keroche co-founder Tabitha Karanja’s 2012 decision to invest in additional production capacity. In November 2012, with a loan from Barclay’s bank, Keroche began constructing a new state-of-the-art beer brewery using German technology. The new plant,...
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Keywords:
Keroche;
Alcohol;
Aloholic Beverages;
Beer;
Production Capacity;
Growth;
Business Ventures;
Business Exit or Shutdown;
Business Growth and Maturation;
Business Startups;
Small Business;
Family Business;
Crime and Corruption;
Customer Focus and Relationships;
Decisions;
Income;
Demographics;
Geographic Scope;
Geographic Location;
Goods and Commodities;
Government Legislation;
Growth and Development;
Business History;
Lawsuits and Litigation;
Laws and Statutes;
Lawfulness;
Goals and Objectives;
Consumer Behavior;
Market Entry and Exit;
Problems and Challenges;
Safety;
Social Issues;
Poverty;
Strategy;
Competition;
Entrepreneurship;
Food and Beverage Industry;
Food and Beverage Industry;
Kenya;
Nairobi;
Africa
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (F): Future Growth Plans." Harvard Business School Supplement 720-395, September 2019. (Revised May 2020.)
- 2019
- Chapter
Appraisal after Dell
This essay presents new data on appraisal litigation and appraisal outs. I find that appraisal claims have not meaningfully declined in 2016 and that perceived appraisal risk, as measured by the incidence of appraisal outs, has increased since the Dell appraisal in May...
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Subramanian, Guhan. "Appraisal after Dell." Chap. 10 in The Corporate Contract in Changing Times: Is the Law Keeping Up? edited by Steven Davidoff Solomon and Randall Stuart Thomas, 222–243. University of Chicago Press, 2019.
- May 2019
- Teaching Note
Gender and Free Speech at Google (A), (B), & (C)
By: Nien-hê Hsieh and Sarah Mehta
Teaching Note for HBS No. 318-085, 319-095, and 319-097.
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- April 2019 (Revised March 2020)
- Case
Handy: The Future of Work? (A)
By: Nien-hê Hsieh and Kieron Stopforth
Witnessing numerous lawsuits alleging that online platform companies misclassified workers as contractors when they were actually employees, Handy’s founders faced a series of decisions. Handy was an online platform business that enabled customers to book appointments...
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Keywords:
Employment;
Working Conditions;
Entrepreneurship;
Compensation and Benefits;
Internet and the Web;
Ethics;
Fairness;
Service Industry;
United States
Hsieh, Nien-hê, and Kieron Stopforth. "Handy: The Future of Work? (A)." Harvard Business School Case 319-103, April 2019. (Revised March 2020.)
- March 2019
- Supplement
Gender and Free Speech at Google (B)
By: Nien-hê Hsieh and Sarah Mehta
In November 2018, 20,000 Google employees participated in a walkout to protest the company’s decision to grant a $90 million exit package to a former executive accused of sexual misconduct. The case explores organizers’ demands and asks how the company’s senior leaders...
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Keywords:
Free Speech;
Ethnicity;
Gender;
Race;
Employees;
Employee Relationship Management;
Recruitment;
Labor;
Employment;
Lawsuits and Litigation;
Technology Industry;
United States;
California
Hsieh, Nien-hê, and Sarah Mehta. "Gender and Free Speech at Google (B)." Harvard Business School Supplement 319-085, March 2019.
- March 2019 (Revised June 2019)
- Supplement
Gender and Free Speech at Google (C)
By: Nien-hê Hsieh and Sarah Mehta
This case reveals Google’s response to a list of employee demands aiming to combat sexual misconduct in the workplace. This case should accompany the (A) and (B) cases, “Gender and Free Speech at Google” (318-085) and (319-085).
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Keywords:
Free Speech;
Ethnicity;
Gender;
Race;
Employees;
Employee Relationship Management;
Recruitment;
Labor;
Employment;
Lawsuits and Litigation;
Technology Industry;
United States;
California
Hsieh, Nien-hê, and Sarah Mehta. "Gender and Free Speech at Google (C)." Harvard Business School Supplement 319-097, March 2019. (Revised June 2019.)
- 2018
- Working Paper
It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading
By: Trung Nguyen and Quoc H. Nguyen
We use hand-collected data from SEC’s litigation releases for insider trading violations to examine the effect of geographic distance on its enforcement activities and insider trading activities. First, we find that the SEC is more likely to investigate companies that...
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Keywords:
SEC;
Enforcement;
Financial Misconduct;
Insider Trading;
Geographic Proximity;
Governance Compliance;
Law Enforcement;
Geographic Location;
Finance;
Crime and Corruption
Nguyen, Trung, and Quoc H. Nguyen. "It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading." Working Paper.
- February 2019 (Revised February 2020)
- Case
Theranos: Who Has Blood on Their Hands? (A)
By: Nien-hê Hsieh, Christina R. Wing, Emilie Fournier and Anna Resman
This case covers the rise and fall of Theranos, the company founded by Elizabeth Holmes in 2004 to revolutionize the blood testing industry by creating a device that could provide from a small finger prick the same results and accuracy as intravenous blood draws. As...
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Keywords:
Health Testing and Trials;
Corporate Accountability;
Organizational Culture;
Misleading and Fraudulent Advertising;
Crime and Corruption;
Ethics;
Entrepreneurship;
Lawsuits and Litigation
Hsieh, Nien-hê, Christina R. Wing, Emilie Fournier, and Anna Resman. "Theranos: Who Has Blood on Their Hands? (A)." Harvard Business School Case 619-039, February 2019. (Revised February 2020.)
- January 2019 (Revised March 2021)
- Case
SoundCloud: Subscription Streaming?
Established in 2007, SoundCloud already boasted the second largest number of active music listeners among all streaming services and was recognized as the go-to platform for new artists by early 2014. Yet, its founders were questioning the robustness of the firm’s...
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Keywords:
Audio;
Recording;
Artist;
Music;
Music Downloads;
Streaming;
Radio;
Subscription;
Subscription Model;
Mainstream;
Growth;
Lawsuit;
Licensing;
Customers;
Platform;
Pivot;
Music Entertainment;
Strategy;
Leadership;
Business Model;
Decision Making;
Advertising;
Digital Platforms;
Music Industry;
Europe;
Germany;
Sweden;
United States
Nanda, Ashish, Eric Van den Steen, Andy Wu, Jeffrey Boyar, and Bonnie Bennett Slater. "SoundCloud: Subscription Streaming?" Harvard Business School Case 719-430, January 2019. (Revised March 2021.)
- January 2019 (Revised May 2019)
- Case
When Trolls Attack: Carbonite vs. Oasis Research
By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and Sarah Mehta
This case, set in October 2017, follows Danielle Sheer, general counsel for Carbonite, as she defends the company against claims of patent infringement. It provides a broad overview of the U.S. patent system and explores the impact that non-practicing entities...
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Keywords:
Patent Infringement Litigation;
Non-practicing Entities;
Patent Trolls;
Innovation and Invention;
Intellectual Property;
Patents;
Laws and Statutes;
Lawsuits and Litigation;
Legal Liability;
Computer Industry;
Technology Industry;
Boston
Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and Sarah Mehta. "When Trolls Attack: Carbonite vs. Oasis Research." Harvard Business School Case 219-001, January 2019. (Revised May 2019.)
- December 2018
- Case
Tiantong & Partners: Transforming Litigation Practice in China
By: Ashish Nanda and Lisa Rohrer
Jiang Yong founded Tiantong & Partners in 2002, seeking to radically improve the level of litigation-related services in China. By 2015, Tiantong was the premier Chinese litigation firm with the highest per lawyer revenues. The firm focused exclusively on high-stakes...
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Keywords:
Law Firm;
Law Firms;
Growth;
Legal Industry;
Regulation;
Professional Services;
Law;
Lawsuits and Litigation;
Internet and the Web;
Growth and Development;
Strategy;
Entrepreneurship;
Decision Choices and Conditions;
Legal Services Industry;
China
Nanda, Ashish, and Lisa Rohrer. "Tiantong & Partners: Transforming Litigation Practice in China." Harvard Business School Case 719-457, December 2018.
- November 2018 (Revised January 2020)
- Case
Tesla, Inc. in 2018
By: Siko Sikochi, Suraj Srinivasan and Quinn Pitcher
On August 7, 2018 Elon Musk, Chairman and CEO of Tesla tweeted that he was considering taking Tesla private and had secured funding. Weeks went by without details about a deal and speculation grew that Musk had misled investors. He soon abandoned the idea, but the...
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Keywords:
Disclosure Regulation;
Board Independence;
Corporate Governance;
Business and Shareholder Relations;
Governing and Advisory Boards
Sikochi, Siko, Suraj Srinivasan, and Quinn Pitcher. "Tesla, Inc. in 2018." Harvard Business School Case 119-013, November 2018. (Revised January 2020.)
- October 2018 (Revised October 2019)
- Case
Rio Tinto vs. the Securities and Exchange Commission
By: Aiyesha Dey, Krishna G. Palepu and Sarah Gulick
Keywords:
Coal Mining;
SEC Enforcement;
FCPA;
Mining;
Fraud;
Acquisition;
Financial Reporting;
Mergers and Acquisitions;
Non-Renewable Energy;
Ethics;
Financial Management;
Investment;
Corporate Governance;
Laws and Statutes;
Lawsuits and Litigation;
Risk Management;
Risk and Uncertainty;
Energy Industry;
Mining Industry;
Financial Services Industry;
Mozambique;
United States;
Australia;
England
Dey, Aiyesha, Krishna G. Palepu, and Sarah Gulick. "Rio Tinto vs. the Securities and Exchange Commission." Harvard Business School Case 119-046, October 2018. (Revised October 2019.)
- 2018
- Working Paper
Buying the Verdict
By: Lauren H. Cohen and Umit G. Gurun
We document evidence that firms systematically increase specialized, locally targeted advertising following the firm being taken to trial in that given location—precisely following initiation of the suit. In particular, we use legal actions brought against publicly...
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Cohen, Lauren H., and Umit G. Gurun. "Buying the Verdict." NBER Working Paper Series, No. 24542, April 2018.