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All HBS Web
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- Faculty Publications (135)
- 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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Keywords:
Artificial Intelligence;
Medicine;
Health Care and Treatment;
Legal Liability;
Insurance;
Technology Adoption;
AI and Machine Learning
Stern, Ariel Dora, Avi Goldfarb, Timo Minssen, and W. Nicholson Price II. "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).
- 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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Nelson, J.S., and Trevor Fetter. "Legal Analysis: Fiduciary Duties for Managers." Harvard Business School Background Note 322-073, November 2021. (Revised November 2023.)
- 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
Srinivasan, Suraj, and Li-Kuan Ni. "The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen." Harvard Business School Case 122-014, October 2021. (Revised October 2022.)
- May 2021
- Article
Risk-Mitigating Technologies: The Case of Radiation Diagnostic Devices
By: Alberto Galasso and Hong Luo
We study the impact of consumers’ risk perception on firm innovation. Our analysis exploits a major surge in the perceived risk of radiation diagnostic devices following extensive media coverage of a set of over-radiation accidents involving CT scanners in late 2009....
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Keywords:
Risk Perception;
Innovation;
Medical Devices;
Liability Risk;
Risk and Uncertainty;
Perception;
Technological Innovation
Galasso, Alberto, and Hong Luo. "Risk-Mitigating Technologies: The Case of Radiation Diagnostic Devices." Management Science 67, no. 5 (May 2021): 3022–3040.
- 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
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...
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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...
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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 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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Keywords:
Chapter 11;
Utilities;
Liabilities;
Restructuring;
Insolvency and Bankruptcy;
Debt Securities;
Legal Liability;
Climate Change;
Utilities Industry;
United States
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 2023.)
- 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
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.)
- July 2020 (Revised September 2020)
- Exercise
Accounting for Liabilities at Tesla
By: Paul Healy and Marshal Herrmann
Healy, Paul, and Marshal Herrmann. "Accounting for Liabilities at Tesla." Harvard Business School Exercise 121-010, July 2020. (Revised September 2020.)
- 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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Keywords:
Auditor Litigation;
Tellabs;
Section 10(b);
Section 11;
Audit Quality;
Janus;
PSLRA;
Class-action Litigation;
Accounting Audits;
Lawsuits and Litigation;
Legal Liability
Honigsberg, Colleen, Shivaram Rajgopal, and Suraj Srinivasan. "The Changing Landscape of Auditors' Liability." Journal of Law & Economics 63, no. 2 (May 2020): 367–410.
- April 29, 2020
- Article
The Case for AI Insurance
By: Ram Shankar Siva Kumar and Frank Nagle
When organizations place machine learning systems at the center of their businesses, they introduce the risk of failures that could lead to a data breach, brand damage, property damage, business interruption, and in some cases, bodily harm. Even when companies are...
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Keywords:
Artificial Intelligence;
Machine Learning;
Internet and the Web;
Safety;
Insurance;
AI and Machine Learning;
Cybersecurity
Kumar, Ram Shankar Siva, and Frank Nagle. "The Case for AI Insurance." Harvard Business Review Digital Articles (April 29, 2020).
- January 2020 (Revised July 2020)
- Case
Chemours (A)
By: David G. Fubini and David Lane
The July 2015 spin-off of DuPont’s performance chemicals division as the independent company Chemours burdened new CEO Mark Vergnano and his team with perilous challenges. Despite market-leading offerings in several areas, the company faced a glutted market for its...
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Keywords:
Transformation;
Chemicals;
Leading Change;
Crisis Management;
Organizational Change and Adaptation;
Chemical Industry;
United States
Fubini, David G., and David Lane. "Chemours (A)." Harvard Business School Case 420-001, January 2020. (Revised July 2020.)
- January 2, 2020
- Article
Medicare for All or Public Option: Can Either Heal Health Care?
By: Regina E. Herzlinger and James Wallace
The United States has serious health care problems: More than 27 million uninsured people, costs that are growing faster than income, and a staggering $37 trillion of unfunded liabilities in the Medicare program. Perhaps most alarming: The US ranks lowest among...
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Keywords:
Healthcare;
Public Option;
Medicare;
Health Care and Treatment;
Insurance;
Cost Management;
Problems and Challenges;
United States
Herzlinger, Regina E., and James Wallace. "Medicare for All or Public Option: Can Either Heal Health Care?" Harvard Business School Working Knowledge (January 2, 2020).
- December 2019 (Revised November 2023)
- Background Note
Legal Analysis: 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.
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Fetter, Trevor, Eugene F. Soltes, and Grant Wahlquist. "Legal Analysis: Insider Trading Liability." Harvard Business School Background Note 320-080, December 2019. (Revised November 2023.)
- September 2019
- Case
Nimbus Therapeutics
By: Peter Barrett, Karim Lakhani and Julia Kelley
This case focuses on Nimbus Therapeutics, a biotechnology startup based in Cambridge, Massachusetts, as its leadership team tries to determine the company’s long-term strategy. The startup’s founders structured Nimbus as a limited liability company, which has given it...
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Barrett, Peter, Karim Lakhani, and Julia Kelley. "Nimbus Therapeutics." Harvard Business School Case 620-016, September 2019.
- 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...
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Keywords:
Contingent Capital;
Financial Distress;
Regulatory Capital;
Financial Institutions;
Legal Liability;
Management;
Banking Industry;
Europe
Vallée, Boris. "Contingent Capital Trigger Effects: Evidence from Liability Management Exercises." Review of Corporate Finance Studies 8, no. 2 (September 2019): 235–259.
- July–August 2019
- Article
Where Is Your Company Most Prone to Lapses in Integrity?
By: Eugene F. Soltes
Every sizable organization has integrity gaps—areas where what’s considered appropriate behavior diverges from the norms set by its leaders. Within these pockets, things like offensive language, overly aggressive sales practices, or conflicts of interest may be...
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Soltes, Eugene F. "Where Is Your Company Most Prone to Lapses in Integrity?" Harvard Business Review 97, no. 4 (July–August 2019): 51–54.
- 2019
- Chapter
Punishing Robots: Issues in the Economics of Tort Liability and Innovation in Artificial Intelligence
By: Alberto Galasso and Hong Luo
Galasso, Alberto, and Hong Luo. "Punishing Robots: Issues in the Economics of Tort Liability and Innovation in Artificial Intelligence." Chap. 20 in The Economics of Artificial Intelligence, edited by Ajay K. Agrawal, Joshua Gans, and Avi Goldfarb. University of Chicago Press, 2019.
- 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.)