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    • All HBS Web  (153)
      • Faculty Publications  (55)

      Legal Liability Remove Legal Liability →

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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....  View Details
      Keywords: Product Liability; Innovation; Tort; Medical Devices; Vertical Foreclosure; Product; Innovation and Invention; Legal Liability; Laws and Statutes; Medical Devices and Supplies Industry
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      Galasso, Alberto, and Hong Luo. "When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants." American Economic Journal: Economic Policy 14, no. 2 (May 2022): 366–401.
      • April 2022
      • Case

      Conflicts of Interest at Bell 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...  View Details
      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
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      Heese, Jonas. "Conflicts of Interest at Bell Bank." Harvard Business School Case 122-022, April 2022.
      • April 2022
      • Supplement

      PG&E and the First Climate Change Bankruptcy

      By: Stuart C. Gilson
      Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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      Gilson, Stuart C. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Spreadsheet Supplement 222-714, April 2022.
      • 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 and Timo Minssen
      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...  View Details
      Keywords: Artificial Intelligence; Medicine; Health Care and Treatment; Legal Liability; Insurance; Technology Adoption; AI and Machine Learning
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      Stern, Ariel Dora, Avi Goldfarb, and Timo Minssen. "AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care." NEJM Catalyst Innovations in Care Delivery 3, no. 4 (April 2022).
      • 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...  View Details
      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
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      Desai, Mihir, Ruth Page, Suzanne Antoniou, and Leanne Fan. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Multimedia/Video Case 221-707, February 2021.
      • 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...  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
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      Desai, Mihir A., and Suzanne Antoniou. "The Tulsa Massacre and the Call for Reparations." Harvard Business School PowerPoint Supplement 221-064, December 2020. (Revised February 2021.)
      • 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
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      Desai, Mihir A., and Suzanne Antoniou. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Teaching Note 221-044, December 2020. (Revised February 2021.)
      • December 2020 (Revised September 2021)
      • 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...  View Details
      Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Case 221-057, December 2020. (Revised September 2021.)
      • 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
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      Desai, Mihir A., Suzanne Antoniou, and Leanne Fan. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Case 221-039, October 2020. (Revised February 2021.)
      • 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...  View Details
      Keywords: Auditor Litigation; Tellabs; Section 10(b); Section 11; Audit Quality; Janus; PSLRA; Class-action Litigation; Accounting Audits; Lawsuits and Litigation; Legal Liability
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      Honigsberg, Colleen, Shivaram Rajgopal, and Suraj Srinivasan. "The Changing Landscape of Auditors' Liability." Journal of Law & Economics 63, no. 2 (May 2020): 367–410.
      • December 2019 (Revised January 2020)
      • Background Note

      Background on Insider Trading Liability

      By: Trevor Fetter, Eugene F. Soltes and Grant Wahlquist
      There are numerous restrictions against trading on material, nonpublic information (MNPI)—typically called “insider trading.” This note describes the limitations facing managers and investors as enforced civilly and criminally within the United States.  View Details
      Keywords: Insider Trading; Legal Liability; Ethics; Crime and Corruption; Finance; United States
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      Fetter, Trevor, Eugene F. Soltes, and Grant Wahlquist. "Background on Insider Trading Liability." Harvard Business School Background Note 320-080, December 2019. (Revised January 2020.)
      • September 2019
      • Article

      Contingent Capital Trigger Effects: Evidence from Liability Management Exercises

      By: Boris Vallée
      This paper investigates the so called liability management exercises by European banks, which bear comparable effects to triggering contingent capital. I first explore the determinants of these exercises. I then study market reactions to these operations as well as...  View Details
      Keywords: Contingent Capital; Financial Distress; Regulatory Capital; Financial Institutions; Legal Liability; Management; Banking Industry; Europe
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      Vallée, Boris. "Contingent Capital Trigger Effects: Evidence from Liability Management Exercises." Review of Corporate Finance Studies 8, no. 2 (September 2019): 235–259.
      • 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...  View Details
      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
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      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.)
      • November 2017
      • Case

      Loss Prevention at Mac's Convenience Stores (A)

      By: Francesca Gino, Katherine DeCelles and Olivia Hull
      Faced with a persistent robbery problem at his convenience store company, Sean Sportun, security and loss prevention manager at Mac’s of Central Canada, looked to standardize safety measures and devise a new way of preventing employee injury. But as a 32-year old with...  View Details
      Keywords: Public Relations; Community Relations; Change Management; Working Conditions; Leading Change; Training; Knowledge Dissemination; Crime and Corruption; Law Enforcement; Legal Liability; Business and Community Relations; Retail Industry; Canada
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      Gino, Francesca, Katherine DeCelles, and Olivia Hull. "Loss Prevention at Mac's Convenience Stores (A)." Harvard Business School Case 918-001, November 2017.
      • November 2017
      • Supplement

      Loss Prevention at Mac's Convenience Stores (B)

      By: Francesca Gino, Katherine DeCelles and Olivia Hull
      Supplement to HBS No. 918-001. The case describes the inventive approaches to retail crime prevention that Sean Sportun, security and loss prevention manager at Mac’s Convenience Stores, implemented between 2007 and 2017.  View Details
      Keywords: Public Relations; Community Relations; Change Management; Leading Change; Training; Knowledge Dissemination; Working Conditions; Crime and Corruption; Law Enforcement; Legal Liability; Business and Community Relations; Retail Industry; Canada
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      Gino, Francesca, Katherine DeCelles, and Olivia Hull. "Loss Prevention at Mac's Convenience Stores (B)." Harvard Business School Supplement 918-002, November 2017.
      • August 2017
      • Article

      Tort Reform and Innovation

      By: Alberto Galasso and Hong Luo
      Current academic and policy debates focus on the impact of tort reforms on physicians’ behavior and medical costs. This paper examines whether these reforms also affect incentives to develop new technologies. We develop a theoretical model that predicts that the impact...  View Details
      Keywords: Governing Rules, Regulations, and Reforms; Health Care and Treatment; Technological Innovation; Legal Liability; Medical Devices and Supplies Industry
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      Galasso, Alberto, and Hong Luo. "Tort Reform and Innovation." Journal of Law & Economics 60, no. 3 (August 2017): 385–412.
      • June 2017 (Revised September 2021)
      • Case

      Sales Misconduct at Wells Fargo Community Bank

      By: Suraj Srinivasan, Dennis W. Campbell, Susanna Gallani and Amram Migdal
      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...  View Details
      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
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      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.)
      • Article

      The Error at the Heart of Corporate Leadership

      By: Joseph L. Bower and Lynn S. Paine
      Agency theory, a new model of governance promulgated by academic economists in the 1970s, is behind the idea that corporate managers should make shareholder value their primary concern and that boards should ensure they do. The theory regards shareholders as owners of...  View Details
      Keywords: Agency Theory; Business and Shareholder Relations; Leadership; Corporate Governance
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      Bower, Joseph L., and Lynn S. Paine. "The Error at the Heart of Corporate Leadership." Harvard Business Review 95, no. 3 (May–June 2017): 50–60. (Reprinted in HBR’s 10 Must Reads: The Definitive Management Ideas of the Year from Harvard Business Review 2019, Boston, Mass: Harvard Business Review Press, 2019, pp. 165-192.)
      • June 2015
      • Article

      The Organization of Enterprise in Japan

      By: Tom Nicholas
      Recent research reveals that the joint stock corporation was not a superior form of business organization in many countries historically. In Japan, however, it played a more fundamental role. Between 1896 and 1939 joint stock enterprises accounted for 44 percent of...  View Details
      Keywords: Japan; Legal Form; Enterprise; Modernization; Business Organization; Entrepreneurship; Japan
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      Nicholas, Tom. "The Organization of Enterprise in Japan." Journal of Economic History 75, no. 2 (June 2015): 333–363.
      • Article

      Liability Structure in Small-Scale Finance

      By: Fenella Carpena, Shawn Cole, Jeremy Shapiro and Bilal Zia
      Microfinance, the provision of small individual and business loans, has experienced dramatic growth, reaching over 150 million borrowers worldwide. Much of the success of microfinance has been attributed to attempts to overcome the challenges of information asymmetries...  View Details
      Keywords: Microfinance; Emerging Markets; Financial Markets; Legal Liability; Banks and Banking; Banking Industry; India
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      Carpena, Fenella, Shawn Cole, Jeremy Shapiro, and Bilal Zia. "Liability Structure in Small-Scale Finance." World Bank Economic Review 27, no. 3 (2013): 437–469.
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