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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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Galasso, Alberto, and Hong Luo. "Managing Medical Device Liability Through Innovation: A Strategic Approach." Health Management, Policy and Innovation 8, no. 1 (June 2023).
- March 2023 (Revised September 2023)
- Case
Patagonia: 'Earth Is Now Our Only Shareholder'
By: Brian Trelstad, Nien-hê Hsieh, Michael Norris and Susan Pinckney
In September 2022, Yvon Chouinard, the iconoclastic founder of outdoor apparel company Patagonia, announced a new ownership model for his company. Chouinard and his family had held complete control of the company's voting and non-voting stock since its founding 50...
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Keywords:
Trusts;
Business Ventures;
Business Organization;
Family Business;
Restructuring;
Change;
Disruption;
Transition;
Decision Making;
Ethics;
Values and Beliefs;
Finance;
Financial Management;
Governance;
Corporate Governance;
Investment Activism;
Leadership;
Labor;
Law;
Common Law;
Management;
Goals and Objectives;
Organizations;
Corporate Social Responsibility and Impact;
Mission and Purpose;
Organizational Change and Adaptation;
Organizational Culture;
Ownership;
Ownership Type;
Family Ownership;
Private Ownership;
Social Enterprise;
Nonprofit Organizations;
Society;
Social Issues;
Wealth and Poverty;
Value;
Value Creation;
Apparel and Accessories Industry;
United States
Trelstad, Brian, Nien-hê Hsieh, Michael Norris, and Susan Pinckney. "Patagonia: 'Earth Is Now Our Only Shareholder'." Harvard Business School Case 323-057, March 2023. (Revised September 2023.)
- March 2023 (Revised March 2024)
- Case
The Purdue Pharma Bankruptcy: Settling the Opioid Crisis
By: Kristin Mugford, Carin-Isabel Knoop and Susan Pinckney
How to get to a fair outcome for claimants in the Purdue Pharma bankruptcy given its significant role in the U.S. opioid crisis.
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Keywords:
Regulation;
Ethics;
Fairness;
Insolvency and Bankruptcy;
Government Legislation;
Courts and Trials;
Laws and Statutes;
Lawsuits and Litigation;
Legal Liability;
Crime and Corruption;
Negotiation Offer;
Negotiation Participants;
Negotiation Style;
Product Design;
Product Development;
Brands and Branding;
Marketing Strategy;
Trust;
Government and Politics;
Law;
Negotiation;
Operations;
Ownership;
Marketing;
Social Psychology;
Health Care and Treatment;
Pharmaceutical Industry;
United States
Mugford, Kristin, Carin-Isabel Knoop, and Susan Pinckney. "The Purdue Pharma Bankruptcy: Settling the Opioid Crisis." Harvard Business School Case 223-060, March 2023. (Revised March 2024.)
- March 2023
- Article
Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits
By: Elisabeth Kempf and Oliver Spalt
This paper provides novel evidence suggesting that securities class action lawsuits, a central pillar of the U.S. litigation and corporate governance system, can constitute an obstacle to valuable corporate innovation. We first establish that valuable innovation output...
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Keywords:
Class-action Litigation;
Turnover;
Lawsuits and Litigation;
Innovation and Invention;
Risk and Uncertainty
Kempf, Elisabeth, and Oliver Spalt. "Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits." Management Science 69, no. 3 (March 2023): 1323–1934.
- March 2023
- Article
Not from Concentrate: Collusion in Collaborative Industries
By: Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery
The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete.
In many... View Details
In many... View Details
Keywords:
Antitrust;
Antitrust Law;
Antitrust Theory;
Law And Economics;
Collusion;
Collaboration;
Collaborative Industries;
Regulation;
"Repeated Games";
IPOs;
Initial Public Offerings;
Underwriters;
Real Estate;
Real Estate Agents;
Realtors;
Syndicated Markets;
Syndication;
Brokers;
Market Concentration;
Competition;
Law;
Economics;
Collaborative Innovation and Invention;
Governing Rules, Regulations, and Reforms;
Game Theory;
Initial Public Offering
Barry, Jordan M., John William Hatfield, Scott Duke Kominers, and Richard Lowery. "Not from Concentrate: Collusion in Collaborative Industries." Iowa Law Review 108, no. 3 (March 2023): 1089–1148.
- January 28, 2023
- Article
Will We Blame Self-Driving Cars? A New Study Finds That People Are Likely to Hold Autonomous Vehicles Liable for Accidents Even When They’re Not at Fault
De Freitas, Julian. "Will We Blame Self-Driving Cars? A New Study Finds That People Are Likely to Hold Autonomous Vehicles Liable for Accidents Even When They’re Not at Fault." Wall Street Journal (January 28, 2023), C5.
- 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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Keywords:
Autonomous Vehicles;
Moral Judgment;
Liabilities;
Harm;
Insurance;
Moral Sensibility;
Legal Liability;
Risk and Uncertainty;
Technological Innovation;
Public Opinion
De Freitas, Julian, Xilin Zhou, Margherita Atzei, Shoshana Boardman, and Luigi Di Lillo. "Public Perception and Autonomous Vehicle Liability." Harvard Business School Working Paper, No. 23-036, January 2023. (Revised January 2023.)
- January 2023
- Article
Racial Diversity and Racial Policy Preferences: The Great Migration and Civil Rights
By: Alvaro Calderon, Vasiliki Fouka and Marco Tabellini
Between 1940 and 1970, more than 4 million African Americans moved from the South to the North of the United States, during the Second Great Migration. This same period witnessed the struggle and eventual success of the civil rights movement in ending institutionalized...
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Keywords:
Civil Rights;
Great Migration;
History;
Race;
Rights;
Prejudice and Bias;
Government Legislation
Calderon, Alvaro, Vasiliki Fouka, and Marco Tabellini. "Racial Diversity and Racial Policy Preferences: The Great Migration and Civil Rights." Review of Economic Studies 90, no. 1 (January 2023): 165–200. (Available also from VOX, Broadstreet, and VOX EU.)
- 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
Esty, Benjamin C., and Daniel Fisher. "Daniel Defense: Responding to the Shooting at the Robb Elementary School in Uvalde, TX." Harvard Business School Case 323-058, December 2022. (Revised February 2023.)
- December 2022
- Article
Competition, Contracts, and Creativity: Evidence from Novel Writing in a Platform Market
By: Yanhui Wu and Feng Zhu
A growing number of people today are participating in the gig economy, working as independent contractors on short-term projects. We study the effects of competition on gig workers' effort and creativity on a Chinese novel-writing platform. Authors produce and sell...
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Keywords:
Gig Workers;
Platform-based Markets;
Novel Writing;
Creative Production;
Platform Bias;
Employment;
Digital Platforms;
Creativity;
Books;
Competition;
Contracts
Wu, Yanhui, and Feng Zhu. "Competition, Contracts, and Creativity: Evidence from Novel Writing in a Platform Market." Management Science 68, no. 12 (December 2022): 8613–8634.
- 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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Keywords:
Cyberattacks;
Cybersecurity;
Corporate Disclosure;
Crisis Management;
Customer Focus and Relationships;
Legal Liability;
Information Technology Industry;
United States
Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (A)." Harvard Business School Case 723-357, October 2022. (Revised September 2023.)
- 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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Keywords:
Cyberattacks;
Cybersecurity;
Corporate Disclosure;
Crisis Management;
Customer Focus and Relationships;
Legal Liability;
Governance Compliance;
Business and Government Relations;
Information Technology Industry;
United States
Nagle, Frank, George A. Riedel, William R. Kerr, and David Lane. "SolarWinds Confronts SUNBURST (B)." Harvard Business School Supplement 723-368, October 2022. (Revised September 2023.)
- October 17, 2022
- Article
When Climate Collaboration Is Treated as an Antitrust Violation
By: Matteo Gasparini, Knut Haanaes and Peter Tufano
Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,...
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Keywords:
Climate Impact;
Climate Finance;
Antitrust;
Anti-trust;
Climate Change;
Environmental Regulation;
Law
Gasparini, Matteo, Knut Haanaes, and Peter Tufano. "When Climate Collaboration Is Treated as an Antitrust Violation." Harvard Business Review (website) (October 17, 2022).
- September 2022 (Revised February 2023)
- Case
EnergyNow: Powering a New Market
By: Alexander MacKay and James Barnett
In August 2022, EnergyNow co-founder and CEO Stuart MacWilliam (MBA 2015) considers the company strategy for building solar panels to provide power in South Africa’s recently deregulated energy market.
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Keywords:
Business Ventures;
Development Economics;
Energy;
Alternative Energy;
Energy Generation;
Energy Sources;
Renewable Energy;
Entrepreneurship;
Environmental Management;
Ethics;
Geography;
Government and Politics;
Energy Policy;
Law;
Management;
Markets;
Market Timing;
Operations;
Energy Industry;
Utilities Industry;
Africa;
South Africa
MacKay, Alexander, and James Barnett. "EnergyNow: Powering a New Market." Harvard Business School Case 723-361, September 2022. (Revised February 2023.)
- September 2022 (Revised November 2022)
- Case
The Uyghur Forced Labor Prevention Act: Forced Labor and Genocide in U.S.-China Relations
By: Jeremy Friedman and David Lane
On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, requiring companies to prove that goods imported from the People’s Republic of China were not made with forced labor. The bill was a reaction to reports of products being made with...
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Keywords:
Ethics;
Multinational Firms and Management;
Globalized Markets and Industries;
Governing Rules, Regulations, and Reforms;
Policy;
Government Legislation;
International Relations;
Labor;
Wages;
Law Enforcement;
Law;
Rights;
Operations;
Supply Chain Management;
Business and Government Relations;
Agriculture and Agribusiness Industry;
Manufacturing Industry;
Mining Industry;
China;
United States
Friedman, Jeremy, and David Lane. "The Uyghur Forced Labor Prevention Act: Forced Labor and Genocide in U.S.-China Relations." Harvard Business School Case 723-001, September 2022. (Revised November 2022.)
- 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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Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
- 2022
- Article
Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response
By: Alexander MacKay and Samuel N. Weinstein
Pricing algorithms are rapidly transforming markets, from ride-sharing apps, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate...
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Keywords:
Competition Policy;
Regulation;
Algorithmic Pricing;
Dynamic Pricing;
Economics;
Law And Economics;
Law And Regulation;
Consumer Protection;
Antitrust Law;
Industrial Organization;
Antitrust Issues And Policies;
Technological Change: Choices And Consequences;
Competition;
Policy;
Price;
Governing Rules, Regulations, and Reforms;
Microeconomics;
Duopoly and Oligopoly;
Law
MacKay, Alexander, and Samuel N. Weinstein. "Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response." Washington University Law Review 100, no. 1 (2022): 111–174. (Direct download.)
- August 2022
- Article
The U.S. Approach to Antitrust Policy in Technology Markets
By: Shane Greenstein
This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,...
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Greenstein, Shane. "The U.S. Approach to Antitrust Policy in Technology Markets." AEI Digital Platforms and American Life Project (August 2022).
- August 2022
- Article
Contract Duration and the Costs of Market Transactions
By: Alexander MacKay
The optimal duration of a supply contract balances the costs of reselecting a supplier against the costs of being matched to an inefficient supplier when the contract lasts too long. I develop a structural model of contract duration that captures this tradeoff and...
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Keywords:
Supply Contracts;
Intermediate Goods;
Switching Costs;
Vertical Relationships;
Transaction Costs;
Contract Duration;
Identification;
Supply Chain;
Cost;
Contracts;
Auctions;
Mathematical Methods
MacKay, Alexander. "Contract Duration and the Costs of Market Transactions." American Economic Journal: Microeconomics 14, no. 3 (August 2022): 164–212.
- 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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Chang, Edward, and Bonnie Levine. "To Drive Efforts...Don't Tiptoe Around Your Legal Risk." Harvard Business Review 100, no. 4 (July–August 2022): 74–81.