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All HBS Web
(533)
- News (97)
- Research (347)
- Events (3)
- Multimedia (2)
- Faculty Publications (102)
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- October 2020 (Revised August 2022)
- Case
Epic Games: Nineteen Eighty-Fortnight
By: Andy Wu, Miaomiao Zhang and Christopher Zhang
In the midst of intensifying public and political attention towards the market power of big technology, Epic Games in 2020 challenged the status quo that has existed for years in the Apple iOS and Google Android mobile application marketplaces and payment systems....
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Keywords:
Mobile Platforms;
Mobile App Industry;
Mobile Payment Systems;
Antitrust;
Games, Gaming, and Gambling;
Mobile and Wireless Technology;
Lawsuits and Litigation;
Entrepreneurship;
Competitive Strategy;
Digital Platforms;
United States
Wu, Andy, Miaomiao Zhang, and Christopher Zhang. "Epic Games: Nineteen Eighty-Fortnight." Harvard Business School Case 721-395, October 2020. (Revised August 2022.)
- January 2007 (Revised April 2007)
- Background Note
Note on Lobbying
By: Felix Oberholzer-Gee, Libby Cantrill and Patricia Wu
Describes how companies engage the political and legal system and the rules and ethics associated with doing so. Focuses on the U.S. political and legal system, but also seeks to familiarize readers with lobbying norms and structures in the European Union and Japan.
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Keywords:
Business and Government Relations;
Ethics;
Labor Unions;
Legal Services Industry;
Legal Services Industry;
United States;
Japan;
European Union
Oberholzer-Gee, Felix, Libby Cantrill, and Patricia Wu. "Note on Lobbying." Harvard Business School Background Note 707-471, January 2007. (Revised April 2007.)
- Article
Least-Cost Avoiders in Online Fraud and Abuse
By: Benjamin Edelman
Web users face considerable fraud, malfeasance, and economic harm that system operators could prevent or mitigate. Although the legal system can respond, regulations have mixed results. I examine the applicable legal rules that constrain online fraud and the economic...
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Keywords:
Online Technology;
Crime and Corruption;
Governing Rules, Regulations, and Reforms;
Economics;
Law
Edelman, Benjamin. "Least-Cost Avoiders in Online Fraud and Abuse." IEEE Security & Privacy 8, no. 4 (July–August 2010): 78–81.
- February 2018
- Background Note
Patent Trolling
By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea...
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Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and George Hou. "Patent Trolling." Harvard Business School Background Note 218-085, February 2018.
- March 2024 (Revised March 2024)
- Case
Governing OpenAI
By: Lynn S. Paine, Suraj Srinivasan and Will Hurwitz
In late November 2023, OpenAI’s new board of directors took stock of the situation. The company, which sought to develop artificial general intelligence (AGI)—computer systems with capabilities exceeding human abilities—was looking to regain its footing after a chaotic...
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Keywords:
Artificial Intelligence;
Board Of Directors;
Board Decisions;
Board Dynamics;
Business Ethics;
Corporate Boards;
Governance Changes;
Governance Structure;
Leadership Change;
Legal Aspects Of Business;
Nonprofit;
Nonprofit Governance;
Open Source;
Partnerships;
Regulation;
Strategy And Execution;
Technological Change;
AI and Machine Learning;
Corporate Governance;
Leadership;
Management;
Mission and Purpose;
Technological Innovation;
Technology Industry;
San Francisco;
United States
- 17 May 2010
- Research & Ideas
What Brazil Teaches About Investor Protection
your field? Aldo Musacchio: When I wrote the book, most of the discussion on corporate governance was focused on the legal system and the corporate laws of countries. The conclusions were a bit...
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- March 2008
- Article
Can Civil Law Countries Get Good Institutions? Lessons from the History of Creditor Rights and Bond Markets in Brazil
By: Aldo Musacchio
Does a legal tradition adopted in the distant past constrain a country's ability to provide the protection that investors need for financial markets to develop? This paper contributes to the literature that studies the connection between law and finance by looking at...
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Musacchio, Aldo. "Can Civil Law Countries Get Good Institutions? Lessons from the History of Creditor Rights and Bond Markets in Brazil." Journal of Economic History 68, no. 1 (March 2008): 80–108. (***Winner of the Arthur H. Cole Prize for best paper in the Journal of Economic History, 2007-2008***.)
- November 2005 (Revised February 2007)
- Case
Governing Sumida Corporation
By: Lynn S. Paine, Masako Egawa, Chisato Toyama and Kim Bettcher
Describes the corporate governance changes adopted by Japan's Sumida Corp. between 1999 and 2005, setting them in the context of changes in Japan's commercial code during this period. Sumida was the first Japanese company to adopt a new U.S.-inspired "committee system"...
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Keywords:
Governing and Advisory Boards;
Corporate Governance;
Change Management;
Business or Company Management;
Management Teams;
Law;
Japan
Paine, Lynn S., Masako Egawa, Chisato Toyama, and Kim Bettcher. "Governing Sumida Corporation." Harvard Business School Case 306-022, November 2005. (Revised February 2007.)
- October 2010 (Revised May 2012)
- Background Note
Reverse Engineering, Learning, and Innovation
By: Willy C. Shih
This background reading looks at reverse engineering in the context of piracy and knock-offs in emerging markets like China. It first considers legal aspects of reverse engineering in strong property rights regimes like the United States as a way of unpacking the legal...
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Keywords:
Crime and Corruption;
Learning;
Engineering;
Innovation and Invention;
Intellectual Property;
Knowledge Use and Leverage;
Emerging Markets;
China;
United States
Shih, Willy C. "Reverse Engineering, Learning, and Innovation." Harvard Business School Background Note 611-039, October 2010. (Revised May 2012.)
- June 2000 (Revised July 2000)
- Case
ORIX KK
By: Malcolm S. Salter and Andrew Eggers
Describes the challenges facing a Japanese financial services company as it attempts to maintain its ability to attract and retain talented employees. The CEO's ideas of corporate governance and evidence from the competitive labor environment suggest the need for more...
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Keywords:
Corporate Governance;
Compensation and Benefits;
Motivation and Incentives;
Management Analysis, Tools, and Techniques;
Geographic Location;
Financial Services Industry;
Japan
Salter, Malcolm S., and Andrew Eggers. "ORIX KK." Harvard Business School Case 800-272, June 2000. (Revised July 2000.)
- Article
Trust and Incentives in Agency
By: Ramon Casadesus-Masanell and Daniel F Spulber
Contracts between a principal and an agent are not formed in a vacuum. Although formal contracts between a principal and an agent contain explicit incentives for performance, the relationship between a principal and an agent also involves implicit incentives. Three...
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Keywords:
Trust;
Motivation and Incentives;
Agency Theory;
Contracts;
Market Transactions;
Performance;
Relationships;
Societal Protocols;
Legal Liability;
Cost
Casadesus-Masanell, Ramon, and Daniel F Spulber. "Trust and Incentives in Agency." Southern California Interdisciplinary Law Journal 15, no. 1 (Fall 2005): 45–104.
- 24 Mar 2008
- Working Paper Summaries
Optimal Deterrence when Judgment-Proof Agents Are Paid In Arrears—With an Application to Online Advertising Fraud
- 17 Jan 2023
- Book
Good Companies Commit Crimes, But Great Leaders Can Prevent Them
In a fraught ethics and legal climate, leaders need to know how to steer clear of trouble more than ever. Corporate Criminal Investigations and Prosecutions, released in September, offers a comprehensive resource on everything from the...
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Keywords:
by Lane Lambert
- July 2020
- Article
Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms
By: Rosemarie Monge and Nien-hê Hsieh
Business actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well enforced. This article argues that the...
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Keywords:
Double Effect;
Intention;
Exploitation;
Risk;
Practical Ethics;
Competition;
Risk and Uncertainty;
Ethics
Monge, Rosemarie, and Nien-hê Hsieh. "Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms." Business Ethics Quarterly 30, no. 3 (July 2020): 361–387. (doi: 10.1017/beq.2019.39.)
- December 2021
- Case
Should I Stay or Should I Go? Assessing Risk in Carlos Ghosn's International Escape
By: Eugene F. Soltes, Grace Liu and Muneeb Ahmed
In 2018, automotive tycoon Carlos Ghosn was arrested in Japan on financial misreporting charges, followed later by charges of improper payments and misappropriation of funds. Over a year later, still awaiting trial, Ghosn organized his escape from house arrest in Tokyo...
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Keywords:
Crime and Corruption;
Decision Making;
Cost vs Benefits;
Decision Choices and Conditions;
Ethics;
Cross-Cultural and Cross-Border Issues;
Law;
Courts and Trials;
Rights;
Risk and Uncertainty;
Auto Industry;
Japan
Soltes, Eugene F., Grace Liu, and Muneeb Ahmed. "Should I Stay or Should I Go? Assessing Risk in Carlos Ghosn's International Escape." Harvard Business School Case 122-051, December 2021.
- 2016
- Case
Advanced Leadership Pathways: Alberto Mora and the Costs and Consequences of Torture
By: Rosabeth M. Kanter and Benjamin Summers
Alberto Mora's time as General Counsel of the Navy from 2001–2006 greatly influenced his mission to illuminate the policy consequences of torture. Mora's drive to restore the nation's awareness and conscience against torture was gaining traction. Prominent...
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Keywords:
Leadership Skills;
Torture;
Costs And Consequences;
Humane;
Restraint;
Human Dignity;
Treatment Of Prisoners;
Prison;
Repression;
Opposition;
Revolution;
Democracy;
Communism;
International Affairs;
Public Service;
September 11;
War On Terror;
Operation Enduring Freedom;
Guantanamo;
Cuba;
Coalition;
Working Group;
Cruelty;
Interrogation;
Memorandum;
American Law;
Authority;
Authoritative;
Quadrennial Defense Review;
National Defense Authorization Act;
Public Engagement;
Advocacy;
Law;
Accountability;
Center For The Victims Of Torture;
Human Rights;
Public Policy;
Legality;
Morality;
Legal System;
Tactical Military Operations;
West Point;
NGO;
Human Rights First;
American Civil Liberties Union;
Human Rights Watch;
Amnesty International;
Constitution Project;
Center For Constitutional Rights;
Strategic Military Effect;
National Security;
Weapon;
Terrorism;
Prisoners Of War;
Abu Ghraib;
Pentagon;
Ethics;
Moral Sensibility;
Leadership;
Rights;
Policy;
Public Opinion;
United States
Kanter, Rosabeth M., and Benjamin Summers. "Advanced Leadership Pathways: Alberto Mora and the Costs and Consequences of Torture." Harvard Business School Case 316-054, 2016. (Harvard Advanced Leadership Initiative.)
- 2014
- Working Paper
Modularity and Intellectual Property Protection
By: Carliss Y. Baldwin and Joachim Henkel
Modularity is a means of partitioning technical knowledge about a product or process. When state-sanctioned intellectual property (IP) rights are ineffective or costly to enforce, modularity can be used to hide information and thus protect IP. We investigate the impact...
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Keywords:
Modularity;
Value Appropriation;
Relational Contracts;
Clans;
Rights;
Complexity;
Intellectual Property
Baldwin, Carliss Y., and Joachim Henkel. "Modularity and Intellectual Property Protection." Harvard Business School Working Paper, No. 14-046, December 2013. (Revised June 2014.)
- Article
California Fair Trade: Antitrust and the Politics of 'Fairness' in U.S. Competition Policy
By: Laura Phillips Sawyer
In the decades before World War II, U.S. antitrust law was anything but settled. Considerable pressure for antitrust revision came from the states. A perhaps unlikely leader, Edna Gleason, organized California's retail pharmacists and coordinated trade networks to...
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Phillips Sawyer, Laura. "California Fair Trade: Antitrust and the Politics of 'Fairness' in U.S. Competition Policy." Business History Review 90, no. 1 (Spring 2016): 31–56.
- Article
Does the Law and Finance Hypothesis Pass the Test of History?
By: Aldo Musacchio and John D. Turner
For the body of work known as the law and finance literature, the development of
financial markets and the concentration of ownership across countries is to a large
extent the consequence of the legal system nations created or inherited decades or
hundreds of years...
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Keywords:
Finance;
Business History;
Financial Markets;
Financial History;
Business and Shareholder Relations;
Law;
Financial Services Industry;
United States;
United Kingdom;
Brazil
Musacchio, Aldo, and John D. Turner. "Does the Law and Finance Hypothesis Pass the Test of History?" Special Issue on Law and Finance: A Business History Perspective. Business History 55, no. 4 (June 2013): 524–542.
- July 2003 (Revised January 2013)
- Background Note
Note on Organized Labor in U.S. Public Education
Surveys the history, structure, and activities of the two dominant U.S. teachers unions—the National Education Association (NEA) and the American Federation of Teachers (AFT). The NEA and AFT represent approximately 90% of U.S. public school teachers and have grown...
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Leschly, Stig. "Note on Organized Labor in U.S. Public Education." Harvard Business School Background Note 804-018, July 2003. (Revised January 2013.)