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    • Faculty Publications  (731)

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    • All HBS Web  (5,196)
      • Faculty Publications  (731)

      Lawfulness Remove Lawfulness →

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      Lawfulness
      Skip to Main Content Cold Call A podcast featuring faculty discussing cases they've written and the lessons they impart. Subscribe on iTunes 29 Sep...
      Clifford Chance: Women at Work
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      • February 2021
      • Case

      Apple: Privacy vs. Safety (A)

      By: Henry McGee, Nien-hê Hsieh and Christian Godwin
      In 2015, Apple CEO Tim Cook debuted the iPhone 6S with enhanced security measures that enflamed a debate on privacy and public safety around the world. The iPhone 6S, amid a heightened concern for privacy following the 2013 revelation of clandestine U.S. surveillance...  View Details
      Keywords: Iphone; Encryption; Data Privacy; Safety; Corporate Social Responsibility And Impact; Mobile Technology; Civil Society Or Community; National Security; Leadership; Customers; Customer Focus And Relationships; Decision Making; Ethics; Values And Beliefs; Globalized Firms And Management; Government And Politics; National Security; law; law Enforcement; Leadership; Markets; Safety; Social Issues; Technology; Technology Industry; Consumer Products Industry; Telecommunications Industry; Electronics Industry; United States; China; Hong Kong
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      McGee, Henry, Nien-hê Hsieh, and Christian Godwin. "Apple: Privacy vs. Safety (A)." Harvard Business School Case 321-004, February 2021.
      • February 2021
      • Article

      The Department of Justice as a Gatekeeper in Whistleblower-Initiated Corporate Fraud Enforcement: Drivers and Consequences

      By: Jonas Heese, Ranjani Krishnan and Hari Ramasubramanian
      We examine drivers and consequences of U.S. Department of Justice (DOJ) oversight of whistleblower cases of corporate fraud against the government. We find that the DOJ is more likely to intervene in and conduct longer investigations of cases that have a higher chance...  View Details
      Keywords: Whistleblowing; Department Of Justice; Doj Enforcement; Performance Measures; False Claims Act; Crime And Corruption; Governance Compliance; law Enforcement
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      Heese, Jonas, Ranjani Krishnan, and Hari Ramasubramanian. "The Department of Justice as a Gatekeeper in Whistleblower-Initiated Corporate Fraud Enforcement: Drivers and Consequences." Journal of Accounting & Economics 71, no. 1 (February 2021).
      • January 2021
      • Case

      Cinépolis

      By: Joshua D. Margolis and Fernanda Miguel
      Two weeks after Cinepolis released a documentary film about corruption, a judge ordered its provisional suspension, claiming it had to be edited before it continued to be shown, against Mexican cinematography laws. Cinépolis, Latin America’s largest movie theater chain...  View Details
      Keywords: Movies; Entertainment; Corruption; Risk Assessment; Communication Strategy; Crime And Corruption; Decision Making; Film Entertainment; Ethics; Leadership; Risk Management; Entertainment And Recreation Industry; Motion Pictures And Video Industry; Mexico; Latin America; North And Central America
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      Margolis, Joshua D., and Fernanda Miguel. "Cinépolis." Harvard Business School Case 421-053, January 2021.
      • January 2021
      • Case

      Dick's Sporting Goods: Getting Out Of The Gun Business (A)

      By: George A Riedel
      Dick's Sporting Goods was one of the top five retailers of a range of firearms in the US. Over the last several years and specifically following the Parkland shooting of 2018, Ed Stack, the CEO and chairman, had wrestled with the question of their role as a leading...  View Details
      Keywords: Gun Policy; Gun Violence; Sporting Goods; Sport; Human Behavior; Violence; Ethics; Decision Making; Social Issues; Sports Industry; Retail Industry; United States
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      Riedel, George A. "Dick's Sporting Goods: Getting Out Of The Gun Business (A)." Harvard Business School Case 321-024, January 2021.
      • January 2021
      • Background Note

      A Short Note on Employment Law

      By: Amy W. Schulman
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      Schulman, Amy W. "A Short Note on Employment Law." Harvard Business School Background Note 321-109, January 2021.
      • January 2021
      • Article

      Chain Stability in Trading Networks

      By: John William Hatfield, Scott Duke Kominers, Alexandru Nichifor, Michael Ostrovsky and Alexander Westkamp
      We show that in general trading networks with bilateral contracts, a suitably adapted chain stability concept (Ostrovsky, 2008) is equivalent to stability (Hatfield and Kominers, 2012; Hatfield et al., 2013) if all agents' preferences are fully substitutable and...  View Details
      Keywords: Matching; Trading Networks; Chain Stability; Stability; Competitive Equilibria; Full Substitutability; Laws Of Aggregate Supply And Demand; Contracts; Market Design; Balance And Stability
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      Hatfield, John William, Scott Duke Kominers, Alexandru Nichifor, Michael Ostrovsky, and Alexander Westkamp. "Chain Stability in Trading Networks." Theoretical Economics 16, no. 1 (January 2021): 197–234.
      • 15 Dec 2020
      • Panel Discussion

      Politics and Peace? Evangelicals and U.S.-Israeli-Palestinian Prospects

      By: Maya Zinshstein, Abraham Troen, Gregory Khalil and James K. Sebenius
      Sponsored by Harvard's Program on Negotiation, I moderated and contributed to a discussion of the film "Til Kingdom Come" among the film's director, producer, and a renowned scholar.  View Details
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      Zinshstein, Maya, Abraham Troen, Gregory Khalil, and James K. Sebenius. "Politics and Peace? Evangelicals and U.S.-Israeli-Palestinian Prospects." Program on Negotiation at Harvard Law School, Cambridge, MA, December 15, 2020.
      • Article

      Want to See the Future of Digital Health Tools? Look to Germany

      By: Ariel Dora Stern, Henrik Matthies, Julia Hagen, Jan B. Brönneke and Jörg F. Debatin
      A new law will make it easier to introduce and determine the benefits of new tools. Perhaps its most important provisions are its formalization of “prescribable applications,” which include standard software, SaaS, and mobile as well as browser-based apps, and the...  View Details
      Keywords: Health Care And Treatment; Transformation; Online Technology; Technological Innovation; Germany
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      Stern, Ariel Dora, Henrik Matthies, Julia Hagen, Jan B. Brönneke, and Jörg F. Debatin. "Want to See the Future of Digital Health Tools? Look to Germany." Harvard Business Review (website) (December 2, 2020).
      • December 2020
      • Case

      France Télécom (A): A Challenging Restructuring

      By: Cynthia A. Montgomery and Ashley V. Whillans
      These cases explore the impacts of industry shocks, resulting corporate actions that had a devasting impact on employees, and the legal conviction of corporate leaders for “institutional harassment."

      This case series follows the evolution of France Telecom...  View Details
      Keywords: Health & Wellness; Human Resource Management; Strategic Change; Leadership & Corporate Accountability; Leadership And Change Management; Leadership And Managing People; Change; Restructuring; Crime And Corruption; Ethics; Health; Human Capital; Human Resources; Labor; Labor And Management Relations; Labor Unions; law; Social Psychology; Strategy; Leadership; Leadership Style; Organizations; Problems And Challenges; Relationships; Crisis Management; Organizational Culture; Employees; Well-being; Telecommunications Industry; Europe; European Union
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      Montgomery, Cynthia A., and Ashley V. Whillans. "France Télécom (A): A Challenging Restructuring." Harvard Business School Case 721-420, December 2020.
      • December 2020
      • Supplement

      France Télécom (B): A Wave of Staff Suicides

      By: Cynthia A. Montgomery and Ashley V. Whillans
      In the B case we learn that at least 19 France Telecom employees took their own lives between 2006 and 2009, 12 others attempted suicide, and eight suffered from serious depression for reasons reportedly related to work. Some of these deaths occurred in public places,...  View Details
      Keywords: Change; Crime And Corruption; Ethics; Health; Human Capital; Human Resources; Labor And Management Relations; Labor Unions; law; Social Psychology; Strategy; Leadership Style; Organizations; Problems And Challenges; Relationships; Crisis Management; Employees; Well-being; Telecommunications Industry; Europe; European Union
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      Montgomery, Cynthia A., and Ashley V. Whillans. "France Télécom (B): A Wave of Staff Suicides." Harvard Business School Supplement 721-421, December 2020.
      • December 2020
      • Supplement

      France Télécom (C): An Unprecedented Trial

      By: Cynthia A. Montgomery and Ashley V. Whillans
      In the C case we learn that former CEO Didier Lombard, Deputy Chief Executive Louis-Pierre Wenes, Human Resources Head Olivier Barberot and France Telecom itself were charged for institutional harassment by French authorities, a first for a CAC 40 company. In December...  View Details
      Keywords: Human Behavior; Human Dignity; Human Resource Practices; Corporate Change And Sustainability; Corporate Culture; Strategic Corporate Decisions; Strategic Change; Strategic Decision Making; Emotion; Management Challenges; Management Practices And Processes; Corporate Accountability; Organizational Culture; Human Resources; Crisis Management; law; Courts And Trials; Labor; Labor And Management Relations; Employees; Well-being; Telecommunications Industry; Europe; European Union
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      Montgomery, Cynthia A., and Ashley V. Whillans. "France Télécom (C): An Unprecedented Trial." Harvard Business School Supplement 721-422, December 2020.
      • November 2020
      • Case

      Community-First Public Safety

      By: Mitchell B. Weiss and Sarah Mehta
      How many police officer positions to fund? In August 2020, the question facing St. Paul Mayor Melvin Carter, which might have seemed routine to another mayor at another time in another place, was anything but. A pandemic had rendered the city some $19-$34 million short...  View Details
      Keywords: Race; law Enforcement; Governance; Decision Making; Public Administration Industry; United States; Minnesota; Saint Paul
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      Weiss, Mitchell B., and Sarah Mehta. "Community-First Public Safety." Harvard Business School Case 821-005, 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 27, 2020
      • Blog Post

      Short-Termism, Shareholder Payouts, and Investment in the EU

      By: Jesse M. Fried and Charles C.Y. Wang
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      Fried, Jesse M., and Charles C.Y. Wang. "Short-Termism, Shareholder Payouts, and Investment in the EU." Harvard Law School Forum on Corporate Governance and Financial Regulation (October 27, 2020). https://corpgov.law.harvard.edu/2020/10/27/short-termism-shareholder-payouts-and-investment-in-the-eu/.
      • Fall 2020
      • Article

      Christo and Jeanne‐Claude: The Negotiation of Art and Vice Versa

      By: Michael A. Wheeler
      Over the past two decades the Program on Negotiation at Harvard Law School (PON) has named thirteen people as Great Negotiators. The project, directed by my colleague Jim Sebenius, has given us the opportunity to commend our honorees’ outstanding work and to learn from...  View Details
      Keywords: Art; Negotiation; Arts
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      Wheeler, Michael A. "Christo and Jeanne‐Claude: The Negotiation of Art and Vice Versa." Negotiation Journal 36, no. 4 (Fall 2020): 471–487.
      • September 2020
      • Case

      Disrupting Justice at RightNow: Persevere, Pivot or Perish

      By: Shikhar Ghosh and Amir Reza Rezvani
      The case examines the focus of an early stage company, and how an unexpected external incidence can threaten or void the business model. It encompasses issues such as defining and pivoting a business model, organizational requirements for a pivot, investor relations,...  View Details
      Keywords: Legal Aspects Of Business; Startup; Teams; Pivot; Financing; Entrepreneurship; law; Venture Capital; Business Startups; Financing And Loans; Business Model; Organizational Change And Adaptation; Legal Services Industry; Germany
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      Ghosh, Shikhar, and Amir Reza Rezvani. "Disrupting Justice at RightNow: Persevere, Pivot or Perish." Harvard Business School Case 821-027, September 2020.
      • September 2020
      • Case

      Disrupting Justice at RightNow: Rich or King

      By: Shikhar Ghosh and Amir Reza Rezvani
      The case examines issues such as cascading problems within the organization, changing founder roles, founder success criteria, as well as company exit consideration. In 2017, Dr. Torben Antretter, a former competitive tennis player and academic researcher, founded...  View Details
      Keywords: Exit; Startup; Financing; Founders; Entrepreneurship; law; Venture Capital; Success; Financing And Loans; Business Growth And Maturation; Strategy; Legal Services Industry; Germany
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      Ghosh, Shikhar, and Amir Reza Rezvani. "Disrupting Justice at RightNow: Rich or King." Harvard Business School Case 821-028, September 2020.
      • September 2020
      • Case

      Uber at a Crossroads (2017)

      By: Ramon Casadesus-Masanell and Karen Elterman
      This case describes the history of Uber, its business model—including the ways it differed from that of the traditional taxi industry—and its competition with Lyft. The case is set in 2017, a year in which Uber was plagued by even more scandals than usual, though its...  View Details
      Keywords: Business Startups; Business Model; Customer Satisfaction; Fairness; Values And Beliefs; Price; Profit; Revenue; Investment; Government Legislation; Business History; Compensation And Benefits; Resignation And Termination; Employment; Wages; lawfulness; Leadership Style; Leading Change; Management Style; Market Entry And Exit; Two-sided Platforms; Product Design; Organizational Culture; Problems And Challenges; Attitudes; Strategy; Competitive Strategy; Expansion; Transportation Networks; Mobile Technology; Technology Platform; Valuation; Transportation Industry; Technology Industry; United States
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      Casadesus-Masanell, Ramon, and Karen Elterman. "Uber at a Crossroads (2017)." Harvard Business School Case 721-376, September 2020.
      • September 2020
      • Article

      Regulatory Sandboxes: A Cure for mHealth Pilotitis?

      By: Abhishek Bhatia, Rahul Matthan, Tarun Khanna and Satchit Balsari
      Mobile health (mHealth) and related digital health interventions in the past decade have not always scaled globally as anticipated earlier despite large investments by governments and philanthropic foundations. The implementation of digital health tools has suffered...  View Details
      Keywords: Covid-19; Mhealth; Digital Health; Design Thinking; Regulation; Intervention; Regulatory Sandbox; Health Care And Treatment; Technological Innovation; Design; Governing Rules, Regulations, And Reforms; India
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      Bhatia, Abhishek, Rahul Matthan, Tarun Khanna, and Satchit Balsari. "Regulatory Sandboxes: A Cure for mHealth Pilotitis?" Journal of Medical Internet Research 22, no. 9 (September 2020).
      • September 2020
      • Teaching Note

      Uber: Competing Globally

      By: Alexander J. MacKay
      Teaching Note for HBS Case No. 720-404.  View Details
      Keywords: Business Ventures; Business Growth And Maturation; Business Model; Geography; Geographic Location; Geographic Scope; Global Strategy; Globalization; Multinational Firms And Management; Globalized Markets And Industries; Governance; Governance Controls; Governing Rules, Regulations, And Reforms; Innovation And Invention; Disruptive Innovation; Innovation Strategy; law; Management; Growth And Development; Growth Management; Markets; Demand And Consumers; Consumer Behavior; Network Effects; Emerging Markets; Market Design; Market Entry And Exit; Market Participation; Supply And Industry; Industry Structures; Planning; Strategic Planning; Relationships; Business And Community Relations; Business And Government Relations; Business And Stakeholder Relations; Labor And Management Relations; Networks; Adaptation; Strategy; Business Strategy; Competition; Competitive Advantage; Competitive Strategy; Expansion; Technology; Mobile Technology; Technology Platform; Transportation Networks; Transportation; Transportation Industry; Technology Industry; Africa; Ghana; Asia; China; Shanghai; Shanghai Shi; India; New Delhi; Europe; United Kingdom; London; England; Latin America; North And Central America; United States; New York (city, Ny); New York (state, Us); South America; Colombia
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      MacKay, Alexander J. "Uber: Competing Globally." Harvard Business School Teaching Note 721-387, September 2020.
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