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      • 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
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      Trelstad, Brian, Nien-hê Hsieh, Michael Norris, and Susan Pinckney. "Patagonia: 'Earth Is Now Our Only Shareholder'." Harvard Business School Teaching Note 324-003, September 2023.
      • Fall 2023
      • Article

      Infringing Use as a Path to Legal Consumption: Evidence from a Field Experiment

      By: Hong Luo and Julie Holland Mortimer
      Digitization has transformed how users find and use copyrighted goods, but many existing legal options remain difficult to access, possibly leading to infringement. In a field experiment, we contact firms that are caught infringing on expensive digital images. Emails...  View Details
      Keywords: Copyright Infringement; Field Experiment; Copyright; Lawfulness
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      Luo, Hong, and Julie Holland Mortimer. "Infringing Use as a Path to Legal Consumption: Evidence from a Field Experiment." Special Issue on Field Experiments edited by Michael Luca and Sarah Moshary. Journal of Economics & Management Strategy 32, no. 3 (Fall 2023): 523–542.
      • August 2023
      • Article

      Financing the Litigation Arms Race

      By: Samuel Antill and Steven R. Grenadier
      Using a dynamic real-option model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous implications for total ex-post litigant surplus. A defendant and a plaintiff bargain over a settlement payment. The...  View Details
      Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Lawsuits and Litigation; Financing and Loans
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      Antill, Samuel, and Steven R. Grenadier. "Financing the Litigation Arms Race." Journal of Financial Economics 149, no. 2 (August 2023): 218–234.
      • July 2023
      • Case

      The Miccosukee Tribe and the Battle to Save the Everglades: A Miami Climate Action Story

      By: Rosabeth Moss Kanter and Joyce J. Kim
      In January 2023, Curtis Osceola, Chief of Staff of the Miccosukee Tribe of Indians since early 2022 gazed out his window.The tribe’s first law school graduate, Osceola had grown up in Florida’s Miami-Dade and Collier counties, which contained part of the Everglades, a...  View Details
      Keywords: Climate Change; Change; Leadership; Native Americans; Florida; Everglades National Park
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      Kanter, Rosabeth Moss, and Joyce J. Kim. "The Miccosukee Tribe and the Battle to Save the Everglades: A Miami Climate Action Story." Harvard Business School Case 324-002, July 2023.
      • June 2023
      • Case

      The Business of Campaigns

      By: Vincent Pons and Mel Martin
      In 2022, the U.S. Congress examined the Democracy Is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act, the latest in a long series of campaign finance reforms. According to its authors, the law would be the “most consequential overhaul of federal...  View Details
      Keywords: Political Elections; United States
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      Pons, Vincent, and Mel Martin. "The Business of Campaigns." Harvard Business School Case 723-039, June 2023.
      • June 12, 2023
      • Article

      The Limits of Capacity Building for Investment Contract Negotiations

      By: Karl P. Sauvant, Vanessa Sze Wai Tsang and Louis T. Wells
      Developing countries must negotiate the best possible investment contracts with foreign investors at the outset. Donor organizations regularly push for “capacity building” to create technical expertise for negotiations within host country governments. But building and...  View Details
      Keywords: International Finance; Contracts; Negotiation
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      Sauvant, Karl P., Vanessa Sze Wai Tsang, and Louis T. Wells. "The Limits of Capacity Building for Investment Contract Negotiations." Columbia FDI Perspectives, no. 359 (June 12, 2023).
      • 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.  View Details
      Keywords: Safety; Public Opinion; Legal Liability; Product; Medical Devices and Supplies Industry
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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).
      • May 2023
      • Article

      Equilibrium Effects of Pay Transparency

      By: Zoë B. Cullen and Bobak Pakzad-Hurson
      The public discourse around pay transparency has focused on the direct effect: how workers seek to rectify newly-disclosed pay inequities through renegotiations. The question of how wage-setting and hiring practices of the firm respond in equilibrium has received...  View Details
      Keywords: Pay Transparency; Online Labor Market; Privacy; Wage Gap; Corporate Disclosure; Wages; Negotiation
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      Cullen, Zoë B., and Bobak Pakzad-Hurson. "Equilibrium Effects of Pay Transparency." Econometrica 91, no. 3 (May 2023): 765–802. (Lead Article.)
      • March 2023 (Revised March 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
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      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 March 2023.)
      • 2023
      • Book

      Deeply Responsible Business: A Global History of Values-Driven Leadership

      By: Geoffrey Jones
      Corporate social responsibility has entered the mainstream, but what does it take to run a successful purpose-driven business? This book examines leaders who put values alongside profits to showcase the challenges and upside of deeply responsible business. Should...  View Details
      Keywords: Corporate Responsibility; Business Ecuation; Socially Responsible Investing; Business Education; Ethics; Leadership; Business History; Philanthropy and Charitable Giving; Religion; Social Enterprise; Social Issues; Wealth and Poverty; Corporate Social Responsibility and Impact; Mission and Purpose; Banking Industry; Beauty and Cosmetics Industry; Computer Industry; Consumer Products Industry; Education Industry; Fashion Industry; Financial Services Industry; Food and Beverage Industry; Green Technology Industry; Manufacturing Industry; Electronics Industry; Agriculture and Agribusiness Industry; United Kingdom; Germany; United States; Japan; India; Latin America
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      Jones, Geoffrey. Deeply Responsible Business: A Global History of Values-Driven Leadership. Cambridge, MA: Harvard University Press, 2023.
      • 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...  View Details
      Keywords: Class-action Litigation; Turnover; Lawsuits and Litigation; Innovation and Invention; Risk and Uncertainty
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      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
      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
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      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.
      • February 2023 (Revised May 2023)
      • Case

      Doing Business in Bangkok, Thailand

      By: Leonard A. Schlesinger and Billy Chan
      Known as the “land of smiles” and the “Detroit of the East,” Thailand, with its geographical location at the heart of Asia, has attracted visitors and businesses from all over the world. This case serves as a guide that provides an overview of the history, political...  View Details
      Keywords: History; Government and Politics; Geographic Location; Thailand
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      Schlesinger, Leonard A., and Billy Chan. "Doing Business in Bangkok, Thailand." Harvard Business School Case 323-080, February 2023. (Revised May 2023.)
      • 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

      By: Julian De Freitas
      Keywords: Technological Innovation; Legal Liability; Trust; Perception; Auto Industry
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      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...  View Details
      Keywords: Autonomous Vehicles; Moral Judgment; Liabilities; Harm; Insurance; Moral Sensibility; Legal Liability; Risk and Uncertainty; Technological Innovation; Public Opinion
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      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...  View Details
      Keywords: Civil Rights; Great Migration; History; Race; Rights; Prejudice and Bias; Government Legislation
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      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.)
      • 2023
      • Working Paper

      Too Many Managers: The Strategic Use of Titles to Avoid Overtime Payments

      By: Lauren Cohen, Umit Gurun and N. Bugra Ozel
      We find widespread evidence of firms appearing to avoid paying overtime wages by exploiting a federal law that allows them to do so for employees termed as “managers” and paid a salary above a pre-defined dollar threshold. We show that listings for salaried positions...  View Details
      Keywords: Wages; Organizational Design; Job Design and Levels; Compensation and Benefits
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      Cohen, Lauren, Umit Gurun, and N. Bugra Ozel. "Too Many Managers: The Strategic Use of Titles to Avoid Overtime Payments." NBER Working Paper Series, No. 30826, January 2023.
      • 2022
      • Working Paper

      Credit and the Family: The Economic Consequences of Closing the Credit Gap of U.S. Couples

      By: Olivia S. Kim
      Closing disparities in credit access between spouses can help reduce consumption inequality in the household. The 2013 reversal of the Truth-in-Lending Act increased the borrowing capacity of secondary earners in equitable-distribution states but not in...  View Details
      Keywords: Household; Credit; Equality and Inequality; Income; Policy; Family and Family Relationships
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      Kim, Olivia S. "Credit and the Family: The Economic Consequences of Closing the Credit Gap of U.S. Couples." Working Paper, December 2022.
      • 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...  View Details
      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
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      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.)
      • 2022
      • Working Paper

      Pay-As-You-Go Insurance: Experimental Evidence on Consumer Demand and Behavior

      By: Ray Kluender
      Pay-as-you-go contracts reduce minimum purchase requirements which may increase market participation. We randomize the introduction and price(s) of a novel pay-as-you-go contract to the California auto insurance market where 17 percent of drivers are uninsured. The...  View Details
      Keywords: Contracts; Market Participation; Consumer Behavior; Price; Insurance Industry
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      Kluender, Ray. "Pay-As-You-Go Insurance: Experimental Evidence on Consumer Demand and Behavior." Harvard Business School Working Paper, No. 23-030, December 2022.
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