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- 2024
- Book
Deals: The Economic Structure of Business Transactions
By: Guhan Subramanian and Michael Klausner
Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.
Business transactions take widely varying forms—from multibillion-dollar... View Details
Business transactions take widely varying forms—from multibillion-dollar... View Details
Subramanian, Guhan, and Michael Klausner. Deals: The Economic Structure of Business Transactions. Harvard University Press, 2024.
- September 2023
- Teaching Note
Patagonia: 'Earth Is Now Our Only Shareholder'
By: Brian Trelstad, Nien-hê Hsieh, Michael Norris and Susan Pinckney
Teaching Note for HBS Case No. 323-057. Patagonia’s change of ownership from a privately held company to a perpetual purpose trust and 501(c)(4) nonprofit in order to use the company’s profit to fight the environmental crisis and be a model for future businesses. View Details
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; Innovation Leadership; Labor; Law; Common Law; Management; Goals and Objectives; Organizations; Corporate Social Responsibility and Impact; 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
- 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... View Details
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.)
- November 2018 (Revised January 2019)
- Module Note
Responsibilities to Investors (Abridged)
By: Lena G. Goldberg and Joseph L. Badaracco
This note focuses on managers’ responsibilities—economic, legal, and ethical—to investors. In capitalist and some socialist economies, these responsibilities traditionally have been grounded in fiduciary duties and are typically part of the common law or statutory law... View Details
Keywords: Responsibilities To Investors; Investors; Responsibility; Business and Shareholder Relations; Management; Ethics
Goldberg, Lena G., and Joseph L. Badaracco. "Responsibilities to Investors (Abridged)." Harvard Business School Module Note 319-066, November 2018. (Revised January 2019.)
- 2018
- Chapter
The Orphan Drug Act at 35: Observations and an Outlook for the Twenty-First Century
By: Nicholas Bagley, Benjamin Berger, Amitabh Chandra, Craig Garthwaite and Ariel Dora Stern
On the 35th anniversary of the adoption of the Orphan Drug Act (ODA), we describe the enormous changes in the markets for therapies for rare diseases that have emerged over recent decades. The most prominent example is the fact that the profit-maximizing price of new... View Details
Keywords: Health Care and Treatment; Laws and Statutes; Research and Development; Investment; Markets; Monopoly
Bagley, Nicholas, Benjamin Berger, Amitabh Chandra, Craig Garthwaite, and Ariel Dora Stern. "The Orphan Drug Act at 35: Observations and an Outlook for the Twenty-First Century." Chap. 4 in Innovation Policy and the Economy, Volume 19, edited by Josh Lerner and Scott Stern, 97–137. University of Chicago Press, 2018.
- April 2017
- Article
Private Equity and Industry Performance
By: Shai Bernstein, Josh Lerner, Morten Sorensen and Per Stromberg
The growth of the private equity industry has spurred concerns about its potential impact on the economy more generally. This analysis looks across nations and industries to assess the impact of private equity on industry performance. Industries where PE funds have... View Details
Bernstein, Shai, Josh Lerner, Morten Sorensen, and Per Stromberg. "Private Equity and Industry Performance." Management Science 63, no. 4 (April 2017): 1198–1213.
- 2015
- Case
Advanced Leadership Pathways: Paul Lee and Asian Americans Advancing Justice
By: Rosabeth Moss Kanter, Frank Jerome LaNasa and Ai-Ling Jamila Malone
Paul Lee and Asian Americans Advancing Justice
2013 AL Fellow, 2014 Senior AL Fellow
Two years after the formation of the Asian Americans Advancing Justice (AAAJ), a national affiliation of four independent Asian American civil rights groups, Paul Lee, who... View Details
Two years after the formation of the Asian Americans Advancing Justice (AAAJ), a national affiliation of four independent Asian American civil rights groups, Paul Lee, who... View Details
Keywords: Leadership Skills; Asian; Asian Americans; Asian Americans Advancing Justice; Civil Rights; Asian Law Caucus; Asian Pacific American Legal Center; Asian American Institute; Asian American Justice Center; Immigration Issues; Immigration Reform; Affirmative Action; Coalition; Asian American Activism; Japanese; Chinese; Korean; Indian; Pakistani; Hmong; Cambodian; Laotians; Filipino; Vietnamese; Pacific Islanders; Ethnic Group; Model Minority; Anti-asian Prejudice; Pan-asian; Discrimination; Immigrants; Immigration Acts; Alien Land Laws; Sei Fujii; Naturalize; Interracial; Immigration And Nationality Act Of 1965; Refugees; War; Warfare; Vincent Chin; Bigotry; Chinatown; Boston; Social Impact; Asian American Lawyers Association; National Asian Pacific Bar Association; Asian Community Development Corporation; Asian Task Force Against Domestic Violence; Southeast Asia; Mee Moua; Change Management; Demographics; Prejudice and Bias; Rights; Immigration; Leadership; Problems and Challenges; Society; North and Central America
Kanter, Rosabeth Moss, Frank Jerome LaNasa, and Ai-Ling Jamila Malone. "Advanced Leadership Pathways: Paul Lee and Asian Americans Advancing Justice." Harvard Business Publishing Case 316-040, 2015. (Harvard Advanced Leadership Initiative.)
- Article
The Price Impact of Joining a Currency Union: Evidence from Latvia
By: Alberto Cavallo, Brent Neiman and Roberto Rigobon
Does membership in a currency union matter for a country’s international relative prices? The answer to this question is critical for thinking about the implications of joining (or exiting) a common currency area. This paper is the first to use high-frequency... View Details
Cavallo, Alberto, Brent Neiman, and Roberto Rigobon. "The Price Impact of Joining a Currency Union: Evidence from Latvia." IMF Economic Review 63, no. 2 (September 2015): 281–297.
- Article
Currency Unions, Product Introductions, and the Real Exchange Rate
By: Alberto Cavallo, Brent Neiman and Roberto Rigobon
We use a novel dataset of online prices of identical goods sold by four large global retailers in dozens of countries to study good-level real exchange rates and their aggregated behavior. First, in contrast to the prior literature, we demonstrate that the law of one... View Details
Keywords: Currency Union; Law Of One Price; International Prices; Global Firm; Currency Exchange Rate; Price; International Finance
Cavallo, Alberto, Brent Neiman, and Roberto Rigobon. "Currency Unions, Product Introductions, and the Real Exchange Rate." Quarterly Journal of Economics 129, no. 2 (May 2014): 529–595.
- Summer 2013
- Article
Strategic Management of Intellectual Property: An Integrated Approach
By: William W. Fisher III and Felix Oberholzer-Gee
In many organizations, the R&D, strategy, and legal functions are poorly integrated. As a consequence, firms miss opportunities to create and exploit the value of intellectual property. Functional silos are one reason for the lack of integration. More important,... View Details
Keywords: Innovation Management; Strategic Management; Legal Aspects Of Business; Licensing; Law; Innovation and Management; Knowledge Management; Intellectual Property; Business Strategy
Fisher III, William W., and Felix Oberholzer-Gee. "Strategic Management of Intellectual Property: An Integrated Approach." California Management Review 55, no. 4 (Summer 2013): 157–183.
- April 2013
- Article
What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators
Roger Fisher, who died in 2012, enjoyed a remarkable career that modeled one way that an academic, especially in a professional school such as law or business, could make a significant, positive, and lasting difference in the world. Distinctive aspects of his career... View Details
Keywords: Bargaining; Conflict Resolution; Dealmaking; Negotiation; Personal Development and Career; Conflict and Resolution
Sebenius, James K. "What Roger Fisher Got Profoundly Right: Five Enduring Lessons for Negotiators." Negotiation Journal 29, no. 2 (April 2013): 159–169.
- 2009
- Working Paper
Private Equity and Industry Performance
By: Josh Lerner
The growth of the private equity industry has spurred concerns about its potential impact on the economy more generally. This analysis looks across nations and industries to assess the impact of private equity on industry performance. Industries where PE funds have... View Details
Keywords: Private Equity; Investment; Common Law; Industry Growth; Performance Productivity; Europe; United Kingdom; United States
Lerner, Josh. "Private Equity and Industry Performance." Harvard Business School Working Paper, No. 10-045, December 2009. (NBER Working Paper Series, No. 14861, April 2009.)
- October 2006 (Revised March 2009)
- Case
Clifford Chance: Repotting the Tree
By: Arthur I Segel, A. Eugene Kohn and Nhat Minh Nguyen
Clifford Chance, LLP, a global law firm headquartered in London, needs to make a decision whether to stay in the central business district of London or move to a redeveloped business park at Canary Wharf, three miles outside of central London. Peter Charleton, head of... View Details
Keywords: Buildings and Facilities; Business Headquarters; Decision Choices and Conditions; Geographic Location; Logistics; London
Segel, Arthur I., A. Eugene Kohn, and Nhat Minh Nguyen. "Clifford Chance: Repotting the Tree." Harvard Business School Case 207-073, October 2006. (Revised March 2009.)
- August 2005 (Revised April 2015)
- Background Note
Employment At Will: A Legal Perspective
By: Lynn S. Paine and Christopher M. Bruner
Provides a brief overview of the employment-at-will doctrine, an important concept unique to the U.S. legal system and business landscape. Briefly surveys the history and development of this doctrine and certain limitations and exceptions to it, as well as some of the... View Details
Keywords: Business History; Resignation and Termination; Employment; Common Law; Laws and Statutes; Business and Government Relations; United States
Paine, Lynn S., and Christopher M. Bruner. "Employment At Will: A Legal Perspective." Harvard Business School Background Note 306-036, August 2005. (Revised April 2015.)
- November 2004 (Revised January 2006)
- Case
Martha Stewart (A)
By: Lynn S. Paine and Christopher Bruner
Explores Martha Stewart's December 2001 sale of ImClone Systems common stock, the ensuing federal investigations into possible insider trading, and Stewart's criminal prosecution and sentencing. Discusses the impact of publicity on Stewart's company, Martha Stewart... View Details
Keywords: Capital Markets; Corporate Governance; Financial Markets; Management Teams; Law; Government and Politics
Paine, Lynn S., and Christopher Bruner. "Martha Stewart (A)." Harvard Business School Case 305-034, November 2004. (Revised January 2006.)
- September 2004 (Revised April 2005)
- Background Note
Note on Individual and Corporate Liability
By: Lynn S. Paine
Answers some of the most common questions managers ask about potential corporate and individual liability for corporate misconduct under U.S. law. Describes a few general principles of liability that managers should be aware of. A rewritten version of an earlier note. View Details
Paine, Lynn S. "Note on Individual and Corporate Liability." Harvard Business School Background Note 305-049, September 2004. (Revised April 2005.)
- 2004
- Working Paper
Regulation and Reaction: The Other Side of Free Banking in Antebellum New York
By: David A. Moss and Sarah Brennan
Free banking, which first appeared in the United States in the late 1830s, comprised two essential features: general incorporation for banks and rigorous security requirements for note issue. Because the general incorporation feature is what allowed free entry, it has... View Details
- December 2003 (Revised November 2015)
- Background Note
The Fiduciary Relationship: A Legal Perspective
By: Lynn Sharp Paine
Discusses the concept of a fiduciary, as developed in the Anglo-American common law tradition, and outlines the principal differences between the legal standard applied to fiduciaries compared to ordinary arms'-length contractors. View Details
Paine, Lynn Sharp. "The Fiduciary Relationship: A Legal Perspective." Harvard Business School Background Note 304-064, December 2003. (Revised November 2015.)
- July 2003
- Background Note
Expropriation in International Business
By: Geoffrey G. Jones and Meghan Gallagher-Kernstine
Covers several important expropriation cases in international business from the 20th century and highlights the legal and political difficulties these companies faced. Serves to explain expropriation, to stress the vulnerability of foreign direct investments to... View Details
Keywords: Foreign Direct Investment; Global Strategy; Government and Politics; Common Law; Risk Management; Property; Risk and Uncertainty
Jones, Geoffrey G., and Meghan Gallagher-Kernstine. "Expropriation in International Business." Harvard Business School Background Note 804-020, July 2003.
- September 2001 (Revised July 2009)
- Case
Buenos Aires Embotelladora S.A. (BAESA): A South American Restructuring
By: Stuart C. Gilson and Gustavo A. Herrero
In 1998, BAESA, PepsiCo's largest bottler and distributor outside North America, experienced severe financial difficulty and had to restructure its debt and business operations to avoid bankruptcy or liquidation. Based in Argentina, with operations throughout South... View Details
Keywords: Restructuring; Borrowing and Debt; Insolvency and Bankruptcy; Bonds; Stocks; Multinational Firms and Management; Laws and Statutes; United States; Argentina; Brazil
Gilson, Stuart C., and Gustavo A. Herrero. "Buenos Aires Embotelladora S.A. (BAESA): A South American Restructuring." Harvard Business School Case 202-009, September 2001. (Revised July 2009.)