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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.
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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;
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
- 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...
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- 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...
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- 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...
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- 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...
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- 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...
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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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- 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...
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Keywords:
Pay Transparency;
Online Labor Market;
Privacy;
Wage Gap;
Corporate Disclosure;
Wages;
Negotiation
- 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...
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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
- 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...
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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
- 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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- 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
- 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...
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- 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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- 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
- 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...
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- 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...
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- 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
- 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...
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