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    • All HBS Web  (525)
      • Faculty Publications  (43)

      Class Action Lawsuits Remove Class Action Lawsuits →

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      • January 2022 (Revised January 2023)
      • Technical Note

      Legal Analysis: Sexual Misconduct in the Workplace

      By: J.S. Nelson and Trevor Fetter
      This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and...  View Details
      Keywords: Crime and Corruption; Gender; Social Psychology; Behavior; Lawsuits and Litigation
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      Nelson, J.S., and Trevor Fetter. "Legal Analysis: Sexual Misconduct in the Workplace." Harvard Business School Technical Note 322-085, January 2022. (Revised January 2023.)
      • Article

      Is ‘Not Guilty’ the Same as ‘Innocent’? Evidence from SEC Financial Fraud Investigations

      By: Eugene F. Soltes and David H. Solomon
      When the Securities and Exchange Commission (SEC) investigates firms for financial fraud, investors learn about the investigation only if managers disclose it, or regulators sanction the firm. We investigate the effects of such disclosures using confidential records on...  View Details
      Keywords: Financial Fraud; Corporate Disclosure; Performance; Outcome or Result
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      Soltes, Eugene F., and David H. Solomon. "Is ‘Not Guilty’ the Same as ‘Innocent’? Evidence from SEC Financial Fraud Investigations." Journal of Empirical Legal Studies 18, no. 2 (June 2021): 287–327.
      • Article

      Measuring Audit Quality

      By: Shivaram Rajgopal, Suraj Srinivasan and Xin Zheng
      In this paper, we document 45 specific allegations related to audit deficiencies based on GAAS, as detailed in 141 AAERs and 153 securities class action lawsuits over the violation years 1978–2016. Next, we use these allegations to validate existing popular proxies of...  View Details
      Keywords: Audit Quality; Audit Deficiency; AAER; Securities Class Action Lawsuits; Enforcement; Accounting Audits; Quality; Measurement and Metrics
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      Rajgopal, Shivaram, Suraj Srinivasan, and Xin Zheng. "Measuring Audit Quality." Review of Accounting Studies 26, no. 2 (June 2021): 559–619.
      • November 2020
      • Case

      Wilderness Safaris: Responses to the COVID-19 Crisis

      By: James E. Austin, Megan Epler Wood and Herman B. "Dutch" Leonard
      This case is an epilogue to “Wilderness Safaris: Impact Investing and Ecotourism Conservation in Africa” (2-321-020), which ends with the emergence of the pandemic in March 2020. The final discussion area for that case can be “What should Wilderness Safari CEO Keith...  View Details
      Keywords: Communities; COVID-19; Ecotourism; Travel; Travel Industry; Conservation Planning; Reopening; Investor Relations; Project Strategy; Governance; Decision Making; Cash; Health Pandemics; Business and Shareholder Relations; Tourism Industry; Africa
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      Austin, James E., Megan Epler Wood, and Herman B. "Dutch" Leonard. "Wilderness Safaris: Responses to the COVID-19 Crisis." Harvard Business School Case 321-077, November 2020.
      • 2020
      • Working Paper

      Financing the Litigation Arms Race

      By: Samuel Antill and Steven R. Grenadier
      Using a continuous-time model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous welfare implications. A defendant and a plaintiff bargain over a settlement payment. The defendant takes costly actions to...  View Details
      Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Law; Finance; Lawsuits and Litigation
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      Antill, Samuel, and Steven R. Grenadier. "Financing the Litigation Arms Race." Working Paper, November 2020.
      • 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....  View Details
      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
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      Wu, Andy, Miaomiao Zhang, and Christopher Zhang. "Epic Games: Nineteen Eighty-Fortnight." Harvard Business School Case 721-395, October 2020. (Revised August 2022.)
      • February 2020
      • Supplement

      Theranos: Who Has Blood on Their Hands? (B)

      By: Nien-he Hsieh, Christina R. Wing and John Masko
      This supplemental case tracks the results of the Colman and Taubman-Dye class action suit against Theranos as well as Theranos’ other legal challenges and chronicles the final demise of the company in 2019.  View Details
      Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Entrepreneurship; Lawsuits and Litigation; Business Exit or Shutdown; Medical Devices and Supplies Industry; California; United States
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      Hsieh, Nien-he, Christina R. Wing, and John Masko. "Theranos: Who Has Blood on Their Hands? (B)." Harvard Business School Supplement 320-091, February 2020.
      • August 2019 (Revised April 2020)
      • Case

      Transforming Hindustan Unilever

      By: Krishna G. Palepu and Rachna Tahilyani
      In October 2013, when Sanjiv Mehta had taken over the reins of Unilever’s business in India and the larger South Asia region, Hindustan Unilever (HUL) had been going through a difficult time. Caught in the midst of a weakening economy, falling consumer spending, and...  View Details
      Keywords: Change Management; Transformation; Leading Change; Performance Improvement; Consumer Products Industry; India
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      Palepu, Krishna G., and Rachna Tahilyani. "Transforming Hindustan Unilever." Harvard Business School Case 120-022, August 2019. (Revised April 2020.)
      • February 2019 (Revised February 2020)
      • Case

      Theranos: Who Has Blood on Their Hands? (A)

      By: Nien-hê Hsieh, Christina R. Wing, Emilie Fournier and Anna Resman
      This case covers the rise and fall of Theranos, the company founded by Elizabeth Holmes in 2004 to revolutionize the blood testing industry by creating a device that could provide from a small finger prick the same results and accuracy as intravenous blood draws. As...  View Details
      Keywords: Health Testing and Trials; Corporate Accountability; Organizational Culture; Misleading and Fraudulent Advertising; Crime and Corruption; Ethics; Entrepreneurship; Lawsuits and Litigation
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      Hsieh, Nien-hê, Christina R. Wing, Emilie Fournier, and Anna Resman. "Theranos: Who Has Blood on Their Hands? (A)." Harvard Business School Case 619-039, February 2019. (Revised February 2020.)
      • 2018
      • Working Paper

      Buying the Verdict

      By: Lauren H. Cohen and Umit G. Gurun
      We document evidence that firms systematically increase specialized, locally targeted advertising following the firm being taken to trial in that given location—precisely following initiation of the suit. In particular, we use legal actions brought against publicly...  View Details
      Keywords: Lawsuits and Litigation; Advertising; Geographic Location; Outcome or Result
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      Cohen, Lauren H., and Umit G. Gurun. "Buying the Verdict." NBER Working Paper Series, No. 24542, April 2018.
      • Summer 2017
      • Article

      Copyright Enforcement: Evidence from Two Field Experiments

      By: Hong Luo and Julie Holland Mortimer
      Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive dataset of copyright infringement incidences by firms. The data cover two field experiments...  View Details
      Keywords: Copyright; Law Enforcement; Lawsuits and Litigation; Cost
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      Luo, Hong, and Julie Holland Mortimer. "Copyright Enforcement: Evidence from Two Field Experiments." Journal of Economics & Management Strategy 26, no. 2 (Summer 2017): 499–528.
      • December 2016 (Revised February 2019)
      • Case

      Kurt Summers: Investing in Our Chicago

      By: Joshua Margolis and Michael Norris
      In 2016, Kurt Summers, the Chicago City Treasurer, faced a decision with potential personal and political ramifications: whether or not to ask the city’s Mayor to join a class action antitrust suit against the city’s creditors for actions they took during the Global...  View Details
      Keywords: Personal Development; Career Journey; Leadership Development; Career; Leadership; Government and Politics; Personal Development and Career; Public Administration Industry; United States; Chicago
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      Margolis, Joshua, and Michael Norris. "Kurt Summers: Investing in Our Chicago." Harvard Business School Case 417-023, December 2016. (Revised February 2019.)
      • 2015
      • Chapter

      "Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems

      By: James K. Sebenius
      Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable...  View Details
      Keywords: Negotiation Tactics; Negotiation Participants; Negotiation Deal
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      Sebenius, James K. "Level II" Negotiation Strategies: Advance Your Interests by Helping to Solve Their Internal Problems. In Negotiating in Times of Conflict, edited by Gilead Sher and Anat Kurz, 107–124. Tel Aviv: Institute for National Security Studies, 2015. Electronic.
      • January 2015
      • Case

      Chevron Under Fire

      By: George Serafeim, Rebecca Henderson and Christine Snively
      Oil giant, Chevron, faced numerous challenges on environmental, social and governance (ESG) grounds in the first decade of the 21st century, including some major lawsuits and actions by NGOs. The case describes those challenges and raises questions about what is the...  View Details
      Keywords: Carbon Tax; Oil And Gas; Environment; Drilling; Governance; Business or Company Management; Corporate Social Responsibility and Impact; Corporate Strategy; Environmental Sustainability; Energy Sources; Mining Industry; Energy Industry
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      Serafeim, George, Rebecca Henderson, and Christine Snively. "Chevron Under Fire." Harvard Business School Case 115-031, January 2015.
      • 2014
      • Working Paper

      Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems

      By: James K. Sebenius
      Many negotiators have constituencies that must formally or informally approve an agreement. Traditionally, it is the responsibility of each negotiator to manage the internal conflicts and constituencies on his or her own side. Far less familiar are the many valuable...  View Details
      Keywords: Strategy; Negotiation Tactics; Negotiation Participants; Negotiation Style
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      Sebenius, James K. "Better Deals Through Level II Strategies: Advance Your Interests by Helping to Solve Their Internal Problems." Harvard Business School Working Paper, No. 14-091, March 2014.
      • February 2014
      • Article

      Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation

      By: Francois Brochet and Suraj Srinivasan
      We examine which independent directors are held accountable when investors sue firms for financial- and disclosure-related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over...  View Details
      Keywords: Independent Directors; Litigation Risk; Class Action Lawsuits; Director Accountability; Reputation; Boards Of Directors; Corporate Governance; Debt Securities; Corporate Accountability; Lawsuits and Litigation
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      Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Journal of Financial Economics 111, no. 2 (February 2014): 430–449.
      • September 2013
      • Case

      United Rentals (A)

      By: Jay W. Lorsch, Kathleen Durante and Emily McTague

      In December 1997 United Rentals (URI) went public on the NYSE. Ten years later, during the peak of the economic meltdown, the company's performance was in decline. United Rentals had experienced its share of problems in the prior years and was still struggling to...  View Details

      Keywords: Board Of Directors; Board Dynamics; Accounting Fraud; Governance; Board Committees; Merger; Corporate Governance; Construction Industry; United States
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      Lorsch, Jay W., Kathleen Durante, and Emily McTague. "United Rentals (A)." Harvard Business School Case 414-043, September 2013.
      • 2013
      • Working Paper

      Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation

      By: Francois Brochet and Suraj Srinivasan
      We examine which independent directors are held accountable when investors sue firms for financial and disclosure related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over...  View Details
      Keywords: Debt Securities; Lawsuits and Litigation; Legal Liability
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      Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Working Paper, 2013. (Harvard Business School Working Paper, No. 13-104, June 2013.)
      • December 2012 (Revised November 2014)
      • Case

      W.R. Grace & Co.: Dealing with Asbestos Torts

      By: Stuart C. Gilson and Sarah L. Abbott
      A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract...  View Details
      Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
      • 2013
      • Working Paper

      Securities Litigation Risk for Foreign Companies Listed in the U.S.

      By: Beiting Cheng, Suraj Srinivasan and Gwen Yu
      We study securities litigation risk faced by foreign firms listed on U.S. exchanges. We take into account not only the propensity for foreign firms to commit violations of U.S. securities laws but also the costs that investors face when suing foreign firms. We find...  View Details
      Keywords: Litigation Risk; Cross Listing; Bonding; 10b-5; Securities Litigation; U.S.Listing; Class Action; Risk and Uncertainty; Debt Securities; Globalized Firms and Management; Ethics; Lawsuits and Litigation; United States
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      Cheng, Beiting, Suraj Srinivasan, and Gwen Yu. "Securities Litigation Risk for Foreign Companies Listed in the U.S." Harvard Business School Working Paper, No. 13-036, October 2012. (Revised March 2014.)
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