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- June 2023
- Article
Managing Medical Device Liability Through Innovation: A Strategic Approach
By: Alberto Galasso and Hong Luo
In this article, we discuss several aspects of the relationships among product liability risk, safety, and innovation strategies of medical device companies.
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- 2023
- Working Paper
Public Perception and Autonomous Vehicle Liability
By: Julian De Freitas, Xilin Zhou, Margherita Atzei, Shoshana Boardman and Luigi Di Lillo
The deployment of autonomous vehicles (AVs) and the accompanying societal and economic benefits will greatly depend on how much liability AV firms will have to carry for accidents involving these vehicles, which in turn impacts their insurability and associated...
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- December 2022 (Revised February 2023)
- Case
Daniel Defense: Responding to the Shooting at the Robb Elementary School in Uvalde, TX
By: Benjamin C. Esty and Daniel Fisher
At 11:33am on May 24, 2022, an 18-year-old man from Uvalde, Texas walked into the Robb Elementary School carrying a semi-automatic "AR-15-style” rifle manufactured by Daniel Defense and killed 19 children and two adults. Three days later, Representative Carolyn Maloney...
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Keywords:
Gun Violence;
Gun Policy;
Second Amendment;
Legal Liability;
Government Legislation;
Marketing Strategy;
Business or Company Management;
Product Marketing;
Ethics;
Corporate Accountability;
Corporate Social Responsibility and Impact;
Moral Sensibility;
Crime and Corruption;
Governing Rules, Regulations, and Reforms;
Manufacturing Industry;
Advertising Industry;
United States
- 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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- 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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- 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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- 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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- May 2022
- Article
When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants
By: Alberto Galasso and Hong Luo
Liability laws designed to compensate for harms caused by defective products may also affect innovation. We examine this issue by exploiting a major quasi-exogenous increase in liability risk faced by U.S. suppliers of polymers used to manufacture medical implants....
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- April 2022 (Revised August 2022)
- Case
Conflicts of Interest at Uptown Bank
By: Jonas Heese
In 2013, two employees debated whether to blow the whistle on their employer, Bell Bank, after completing an internal review that revealed undisclosed conflicts of interest. Bell Bank’s Asset Management business disproportionately invested clients’ money in Bell Bank’s...
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Keywords:
Whistleblower;
Whistleblowing;
Mutual Funds;
Conflicts Of Interest;
Decision Making;
Decisions;
Judgments;
Ethics;
Moral Sensibility;
Values and Beliefs;
Finance;
Financial Institutions;
Banks and Banking;
Financial Management;
Investment;
Investment Funds;
Governance;
Corporate Accountability;
Corporate Disclosure;
Corporate Governance;
Governance Compliance;
Governance Controls;
Policy;
Law;
Legal Liability;
Social Psychology;
Motivation and Incentives;
Perception;
Perspective;
Trust;
Financial Services Industry;
North and Central America;
United States
- April 2022
- Supplement
PG&E and the First Climate Change Bankruptcy
By: Stuart C. Gilson
- April 2022
- Article
AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care
By: Ariel Dora Stern, Avi Goldfarb, Timo Minssen and W. Nicholson Price II
Despite enthusiasm about the potential to apply artificial intelligence (AI) to medicine and health care delivery, adoption remains tepid, even for the most compelling technologies. In this article, the authors focus on one set of challenges to AI adoption: those...
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- November 2021 (Revised November 2023)
- Background Note
Legal Analysis: Fiduciary Duties for Managers
By: J.S. Nelson and Trevor Fetter
This note describes the essential legal responsibilities of managers and company directors toward investors and other parties. These include basic fiduciary duties of loyalty, obedience, good faith and care, as well as duties that relate to...
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- October 2021 (Revised October 2022)
- Case
The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen
By: Suraj Srinivasan and Li-Kuan Ni
In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices that critics alleged had contributed to the nationwide...
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Keywords:
Opioids;
Drug;
Investors;
Shareholder Activism;
Investment Activism;
Executive Compensation;
Corporate Accountability;
Corporate Governance;
Governance Compliance;
Governance Controls;
Risk Management;
Corporate Social Responsibility and Impact;
Business and Shareholder Relations;
Business and Stakeholder Relations;
Legal Liability;
Distribution Industry;
Health Industry;
Pharmaceutical Industry;
United States;
West Virginia;
Tennessee;
Ohio;
Pennsylvania
- February 2021
- Case
The Tulsa Massacre and the Call for Reparations
By: Mihir Desai, Ruth Page, Suzanne Antoniou and Leanne Fan
How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...
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Keywords:
Costs And Consequences;
Decisions;
Judgment And Decision-making;
Lawsuit;
Leading Change;
Conflict Resolution;
Perspective Taking;
Prejudice;
Bias;
Reparations;
Decision Making;
Decision Choices and Conditions;
Cost vs Benefits;
Judgments;
Race;
Ethics;
Fairness;
Moral Sensibility;
Values and Beliefs;
Conflict Management;
Governance;
Corporate Accountability;
Corporate Governance;
Governing Rules, Regulations, and Reforms;
Policy;
Government and Politics;
Government Legislation;
History;
Lawsuits and Litigation;
Legal Liability;
Mission and Purpose;
Corporate Social Responsibility and Impact;
Motivation and Incentives;
Civil Society or Community;
Social Issues;
Oklahoma;
Tulsa;
United States
- December 2020 (Revised February 2021)
- Supplement
The Tulsa Massacre and the Call for Reparations
By: Mihir A. Desai and Suzanne Antoniou
How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...
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Keywords:
Cost vs Benefits;
Decision Choices and Conditions;
Decisions;
Judgments;
Race;
Fairness;
Moral Sensibility;
Values and Beliefs;
Corporate Accountability;
Corporate Governance;
Policy;
Governing Rules, Regulations, and Reforms;
Government Legislation;
Government and Politics;
Government Administration;
Lawsuits and Litigation;
Legal Liability;
Leading Change;
Mission and Purpose;
Corporate Social Responsibility and Impact;
Conflict and Resolution;
Conflict Management;
Loss;
Motivation and Incentives;
Perspective;
Prejudice and Bias;
Civil Society or Community;
Social Issues;
Welfare;
Tulsa;
Oklahoma;
United States
- December 2020 (Revised February 2021)
- Teaching Note
The Tulsa Massacre and the Call for Reparations
By: Mihir A. Desai and Suzanne Antoniou
How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...
View Details
Keywords:
Cost vs Benefits;
Decision Choices and Conditions;
Decisions;
Judgments;
Race;
Fairness;
Moral Sensibility;
Values and Beliefs;
Corporate Accountability;
Corporate Governance;
Policy;
Governing Rules, Regulations, and Reforms;
Government Legislation;
Government and Politics;
Government Administration;
Lawsuits and Litigation;
Legal Liability;
Leading Change;
Mission and Purpose;
Corporate Social Responsibility and Impact;
Conflict and Resolution;
Conflict Management;
Loss;
Motivation and Incentives;
Perspective;
Prejudice and Bias;
Civil Society or Community;
Social Issues;
Welfare;
Tulsa;
Oklahoma;
United States
- December 2020 (Revised September 2023)
- Case
PG&E and the First Climate Change Bankruptcy
By: Stuart C. Gilson and Sarah L. Abbott
In early 2020, the California-based utility PG&E filed a second amended plan of reorganization. PG&E had filed for Chapter 11 bankruptcy in the face of more than $30 billion of legal claims brought against it for its alleged role in causing California wildfires. The...
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- October 2020 (Revised February 2021)
- Case
The Tulsa Massacre and the Call for Reparations
By: Mihir A. Desai, Suzanne Antoniou and Leanne Fan
How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...
View Details
Keywords:
Cost vs Benefits;
Decision Choices and Conditions;
Decisions;
Judgments;
Race;
Fairness;
Moral Sensibility;
Values and Beliefs;
Corporate Accountability;
Corporate Governance;
Policy;
Governing Rules, Regulations, and Reforms;
Government Legislation;
Government and Politics;
Government Administration;
Lawsuits and Litigation;
Legal Liability;
Leading Change;
Mission and Purpose;
Corporate Social Responsibility and Impact;
Conflict and Resolution;
Conflict Management;
Loss;
Motivation and Incentives;
Perspective;
Prejudice and Bias;
Civil Society or Community;
Social Issues;
Tulsa;
Oklahoma;
United States
- Article
The Changing Landscape of Auditors' Liability
By: Colleen Honigsberg, Shivaram Rajgopal and Suraj Srinivasan
We provide a comprehensive overview of shareholder litigation against auditors since the passage of the Private Securities Litigation Reform Act (PSLRA). The number of lawsuits per year has declined, dismissals have increased, and settlements in recent years have...
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