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- January 2025
- Case
A Tiger in the Tank: Exxon Sues Investors
By: Clayton S. Rose, Sarah Sasso and James Weber
In June 2024, investors were trying to make sense of ExxonMobil’s (Exxon) lawsuit against two impact investors, Arjuna Capital (Arjuna) and Follow This, that had just been dismissed by the U.S. District Court of Northern Texas. Exxon’s suit challenged the rights of two... View Details
Keywords: Disruption; Talent and Talent Management; Customer Satisfaction; Decision Making; Demographics; Ethics; Corporate Accountability; Employees; Recruitment; Retention; Leadership; Crisis Management; Risk Management; Corporate Social Responsibility and Impact; Mission and Purpose; Organizational Change and Adaptation; Civil Society or Community; Social Issues; Adaptation; Investment Activism; Lawsuits and Litigation; Business and Shareholder Relations; Medical Devices and Supplies Industry; Health Industry; Energy Industry; United States; Netherlands; Norway
- January 2025
- Case
Cyber Oversight: SolarWinds Board of Directors
By: Lynn S. Paine
In 2020, just two years after its IPO, information technology company SolarWinds discovered that it was the victim of an attack on its information systems by Russian hackers. The incident, known as the Sunburst attack, was costly for the company, and certain... View Details
- November 2024
- Supplement
Epic Games: Nineteen Eighty-Fortnite (B)
By: Andy Wu and Ronald Wang
In a significant ruling on April 24, 2023, the U.S. Court of Appeals for the Ninth Circuit upheld portions of the district court’s decision against Epic Games back in September 2021. However, Apple’s anti-steering provisions, which restricted app developers from... View Details
- September 2024
- Background Note
Copyright and Fair Use
By: David B. Yoffie
The U.S. Copyright Office defines a copyright as “a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” Two core principles of copyright are originality and fixation. A work is... View Details
- August 2024
- Case
The Walt Disney Company: Management Guidance
By: Joseph Pacelli and James Weber
In November 2023, financial analyst Aurora Fee was forecasting The Walt Disney Company’s earnings and stock price, with the goal of providing an investment recommendation to her clients. Disney, one of the world’s largest media and entertainment companies, had just... View Details
- August 2024 (Revised November 2024)
- Case
No Labels and the 2024 Presidential Insurance Plan
By: Robert F. White and Tom Quinn
After observing record voter dissatisfaction with the choices in the 2024 U.S. presidential election—Democratic nominee President Joe Biden and Republican nominee and former President Donald Trump—the bipartisan nonprofit No Labels decided to reserve ballot access in... View Details
- July 2024
- Article
Buying the Verdict
By: Lauren Cohen and Umit 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
- June 2024
- Case
Caesars Entertainment: Governance on the Road to Bankruptcy
By: Kristin Mugford
Caesars Entertainment was a large casino operator in the United States that had been purchased in a 2008 leveraged buyout by Apollo and TPG. In January 2015, Caesars Entertainment Operating Company (CEOC), its largest subsidiary, filed for Chapter 11. This set up a... View Details
Keywords: Gaming; Chapter 11; Fraudulent Conveyance; Apollo; TPG; Bankruptcy; Leveraged Buyouts; Restructuring; Capital Structure; Insolvency and Bankruptcy; Private Equity; Financial Management; Lawsuits and Litigation; Negotiation; Games, Gaming, and Gambling; Borrowing and Debt; Entertainment and Recreation Industry; Las Vegas
- 2024
- Working Paper
The Efficiency of Patent Litigation
By: Samuel Antill, Murat Alp Celik, Xu Tian and Toni M. Whited
How efficient is the U.S. patent litigation system? We quantify the extent to which the litigation system shapes innovation using a novel dynamic model, in which heterogeneous firms innovate and face potential patent lawsuits. We show that the impact of a litigation... View Details
- April 2024
- Case
Qualcomm, Inc. in 2024
By: David B. Yoffie and Sarah von Bargen
Qualcomm was facing a new era in 2024. After a judge’s adverse anti-trust decision almost destroyed Qualcomm’s business model, the company was victorious on appeal. The new CEO was optimistic about new growth opportunities in technologies such as 5G, AI, and augmented... View Details
- April 2024
- Case
ChatGPT Enters the Voice Wars 2024
By: David B. Yoffie and Sarah von Bargen
OpenAI joined the Voice Wars in September 2023 when it launched its voice feature for ChatGPT. Initially only available to Pro subscribers, ChatGPT gave free access to all users two months later. It formed partnerships with a variety of companies, including carmakers,... View Details
- March 22, 2024
- Article
It’s Time to Give Up on Ending Social Media’s Misinformation Problem
By: Scott Duke Kominers and Jesse Shapiro
- February 2024 (Revised May 2024)
- Case
Lina Khan at the FTC: Redefining Antitrust in the Age of Big Tech
By: Joseph L. Badaracco Jr. and Susan Pinckney
In 2023 and 2024, the Federal Trade Commission and U.S. Department of Justice sued Google, Amazon, and Apple claiming antitrust violations. These lawsuits marked a shift in U.S. antitrust enforcement away from the Chicago School and towards the New Brandeis school of... View Details
- January 11, 2024
- Article
Understanding the Tradeoffs of the Amazon Antitrust Case
By: Chiara Farronato, Andrey Fradkin, Andrei Hagiu and Dionne Lomax
Regulators in the United States and Europe have been taking on Big Tech, challenging what they say are the companies’ anti-competitive and predatory strategies that harm consumers and third-party users of their platforms. This article examines the FTC’s case against... View Details
- January 2024
- Supplement
Accounting Red Flags or Red Herrings at Catalent? (B)
By: Joseph Pacelli, ZeSean Ali and Tom Quinn
GlassHouse Research identified accounting red flags at Catalent. Fiat Lux Partners countered most of GlassHouse’s claims. Who was right? This update explores the aftermath of the short seller duel. View Details
Keywords: Accounting Audits; Acquisition; Budgets and Budgeting; Business Earnings; Earnings Management; Cost Accounting; Fair Value Accounting; Financial Reporting; Revenue Recognition; Integrated Corporate Reporting; Fairness; Moral Sensibility; Values and Beliefs; Government Legislation; Conflict of Interests; Announcements; Blogs; Debates; Lawsuits and Litigation; Stocks; Performance Productivity; Pharmaceutical Industry; Accounting Industry; United States
- August 2023
- Case
Ripple 2023
By: David B. Yoffie, Andy Wu and Sarah von Bargen
This case covers Ripple’s events from 2020–2023. The focus of this case is Ripple’s 2023 victory over the SEC, which sued Ripple in 2020 claiming that they did not register their XRP coins as securities. After Ripple’s victory, CEO Garlinghouse faced numerous... View Details
- 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
- July 2023 (Revised April 2024)
- Case
Raymond Jefferson: Trial by Fire
By: Anthony Mayo and Carin-Isabel Knoop
In the spring of 2021, Raymond (Ray) Jefferson applied for a job in President Joseph Biden’s administration. Ten years earlier, false allegations were used to force him to resign from his prior U.S. government position as Assistant Secretary of Labor for Veterans’... View Details
- July 2023 (Revised February 2024)
- Case
Equity Restructuring at Dell Technologies: Buy Out, Buy Up, Buy In (A)
By: Stuart C. Gilson and Sarah L. Abbott
In November 2018, Dell Technologies was poised to re-enter the public markets by means of a complex recapitalization that would replace an entire class of publicly-traded “tracking stock,” with new shares that would trade publicly without the need of a formal IPO. The... View Details
- March 2023 (Revised March 2024)
- Case
The Purdue Pharma Bankruptcy: Settling the Opioid Crisis
By: Kristin Mugford, Carin-Isabel Knoop and Susan Pinckney
How to get to a fair outcome for claimants in the Purdue Pharma bankruptcy given its significant role in the U.S. opioid crisis. View Details
Keywords: Regulation; Ethics; Fairness; Insolvency and Bankruptcy; Government Legislation; Courts and Trials; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Crime and Corruption; Negotiation Offer; Negotiation Participants; Negotiation Style; Product Design; Product Development; Brands and Branding; Marketing Strategy; Trust; Government and Politics; Law; Negotiation; Operations; Ownership; Marketing; Social Psychology; Health Care and Treatment; Pharmaceutical Industry; United States