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    • All HBS Web  (837)
      • Faculty Publications  (27)

      Legal Form Remove Legal Form →

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      Legal Forms of Organization, The
      Parker-Spencer: The Legal Form of Joint Ventures
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      • October 2020
      • Article

      Corporate Legal Structure and Bank Loan Spread

      By: Anywhere (Siko) Sikochi
      This study examines how a corporate legal structure may affect borrowing costs. Corporate legal structure refers to the legal fragmentation of a firm into multiple, separately incorporated entities. This fragmentation is bound to be a factor when lenders determine the...  View Details
      Keywords: Corporate Legal Structure; Subsidiaries; Bank Loans; Minority Interest; Credit Risk; Organizational Structure; Business Subsidiaries; Financing And Loans
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      Sikochi, Anywhere (Siko). "Corporate Legal Structure and Bank Loan Spread." Journal of Corporate Finance 64 (October 2020).
      • July 2020
      • Article

      Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms

      By: Rosemarie Monge and Nien-hê Hsieh
      Business actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well enforced. This article argues that the...  View Details
      Keywords: Double Effect; Intention; Exploitation; Risk; Practical Ethics; Competition; Risk And Uncertainty; Ethics
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      Monge, Rosemarie, and Nien-hê Hsieh. "Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms." Business Ethics Quarterly 30, no. 3 (July 2020): 361–387. (doi: 10.1017/beq.2019.39.)
      • 2021
      • Working Paper

      The Project on Impact Investments' Impact Investment Database

      By: M. Diane Burton, Shawn Cole, Abhishek Dev, Christina Jarymowycz, Leslie Jeng, Josh Lerner, Fanele Mashwama, Yue (Cynthia) Xu and T. Robert Zochowski
      Impact investing has grown significantly over the past 15 years. From a niche investing segment with only $25 billion AUM in 2013 (WEF 2013), it experienced double-digit growth and developed into a market with an estimated $502 billion AUM (Mudaliapar and Dithrich...  View Details
      Keywords: Impact Investing; Investment; Data And Data Sets; Analysis
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      Burton, M. Diane, Shawn Cole, Abhishek Dev, Christina Jarymowycz, Leslie Jeng, Josh Lerner, Fanele Mashwama, Yue (Cynthia) Xu, and T. Robert Zochowski. "The Project on Impact Investments' Impact Investment Database." Harvard Business School Working Paper, No. 20-117, May 2020. (Revised February 2021.)
      • 2019
      • Chapter

      A Claim to Own Productive Property

      By: Nien-hê Hsieh
      BOOK ABSTRACT: The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit, and invest? Is being prohibited to run a business a human rights violation?...  View Details
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      Hsieh, Nien-hê. "A Claim to Own Productive Property." Chap. 10 in Economic Liberties and Human Rights. 1st ed., edited by Jahel Queralt and Bas van der Vossen, 200–218. Political Philosophy for the Real World. New York: Routledge, 2019.
      • February 2018
      • Background Note

      Patent Trolling

      By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
      The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea...  View Details
      Keywords: Intellectual Property; Patents; Lawsuits And Litigation; United States
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      Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and George Hou. "Patent Trolling." Harvard Business School Background Note 218-085, February 2018.
      • 2016
      • Working Paper

      The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms

      By: Anywhere Sikochi
      I document the causal link between shareholder litigation risk and cross-listed firms’ information environment by exploiting a quasi-natural experiment in the form of a reduction in litigation risk resulting from the 2010 Supreme Court ruling in Morrison v. National...  View Details
      Keywords: Cross-listing; Information Environment; Shareholder Litigation Risk; D&o Insurance; Risk And Uncertainty; Lawsuits And Litigation; Business And Shareholder Relations
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      Sikochi, Anywhere. "The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms." Harvard Business School Working Paper, No. 17-048, December 2016.
      • December 2014 (Revised March 2018)
      • Case

      John D. Rockefeller: The Richest Man in the World

      By: Tom Nicholas and Vasiliki Fouka
      By the late nineteenth century scale and managerial hierarchies had extended to several major industrial sectors of the U.S. economy. Although the precise mechanisms often varied, this process mainly involved horizontal integration, some form of legal or administrative...  View Details
      Keywords: Horizontal Integration; Wealth; Business History; Vertical Integration; Consolidation; Personal Development And Career; Energy Industry; United States
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      Nicholas, Tom, and Vasiliki Fouka. "John D. Rockefeller: The Richest Man in the World." Harvard Business School Case 815-088, December 2014. (Revised March 2018.)
      • 2014
      • Article

      The Governance of Social Enterprises: Mission Drift and Accountability Challenges in Hybrid Organizations

      By: Alnoor Ebrahim, Julie Battilana and Johanna Mair
      We examine the challenges of governance facing organizations that pursue a social mission through the use of market mechanisms. These hybrid organizations, often referred to as social enterprises, combine aspects of both charity and business at their core. In this...  View Details
      Keywords: Social Enterprise; Governance; Hybrid Organizations; Nonprofit; Performance Measurement; Legal Form; Agency Theory; Stakeholder Management; Mission And Purpose; Social Enterprise; Corporate Accountability
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      Ebrahim, Alnoor, Julie Battilana, and Johanna Mair. "The Governance of Social Enterprises: Mission Drift and Accountability Challenges in Hybrid Organizations." Research in Organizational Behavior 34 (2014): 81–100.
      • March 2013 (Revised March 2013)
      • Case

      Rough Justice: Stuart Eizenstat and Holocaust-era Asset Restitution (A)

      By: James K. Sebenius and Laurence A. Green
      Beginning in 1994, a series of articles and public disclosures indicated that Swiss banks may have retained assets belonging to victims of the Holocaust, and also may have engaged in long term attempts to block survivors' ability to recover those assets after World War...  View Details
      Keywords: Negotiation; Banking; Banking And Insurance; U.s. History; Germany; Europe; Governance; History; Negotiation; Business And Government Relations; Banking Industry; Insurance Industry; Germany; United States; Switzerland
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      Sebenius, James K., and Laurence A. Green. "Rough Justice: Stuart Eizenstat and Holocaust-era Asset Restitution (A)." Harvard Business School Case 913-037, March 2013. (Revised March 2013.)
      • June 2012
      • Article

      Meta-organization Design: Rethinking Design in Interorganizational and Community Contexts

      By: Ranjay Gulati, P. Puranam and Michael Tushman
      This article provides conceptual foundations for analyzing organizations comprising multiple legally autonomous entities, which we call meta-organizations. We assess the antecedents of the emergence of such collectives and the design choices they entail. The article...  View Details
      Keywords: Organizational Design
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      Gulati, Ranjay, P. Puranam, and Michael Tushman. "Meta-organization Design: Rethinking Design in Interorganizational and Community Contexts." Special Issue on Strategy and the Design of Organizational Architecture edited by R. Gulati, P. Puranam, M. Tushman. Strategic Management Journal 33, no. 6 (June 2012): 571–586.
      • June 2012
      • Article

      Meta-Organizational Design: Rethinking Design in Inter-Organizational and Community Contexts

      By: Ranjay Gulati, Phanish Puranam and Michael Tushman
      This paper provides conceptual foundations for analyzing organizations comprising multiple legally autonomous entities, which we call meta-organizations. We assess the antecedents of the emergence of such collectives and the design choices they entail. The paper...  View Details
      Keywords: Design; Organizations; Civil Society Or Community; Relationships
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      Gulati, Ranjay, Phanish Puranam, and Michael Tushman. "Meta-Organizational Design: Rethinking Design in Inter-Organizational and Community Contexts." Special Issue on Strategy and the Design of Organizational Architecture edited by R. Gulati, P. Puranam, M. Tushman. Strategic Management Journal 33, no. 6 (June 2012): 571–586.
      • 2010
      • Working Paper

      Lawful but Corrupt: Gaming and the Problem of Institutional Corruption in the Private Sector

      By: Malcolm S. Salter
      This paper describes how the gaming of society's rules by corporations contributes to the problem of institutional corruption in the world of business. "Gaming" in its various forms involves the use of technically legal means to subvert the intent of society's rules in...  View Details
      Keywords: Crime And Corruption; Civil Society Or Community; Competitive Advantage; Earnings Management; Trust; Law; Performance; Investment Funds; Private Sector; Behavior; Relationships; Goals And Objectives
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      Salter, Malcolm S. "Lawful but Corrupt: Gaming and the Problem of Institutional Corruption in the Private Sector." Harvard Business School Working Paper, No. 11-060, December 2010.
      • November 2010
      • Technical Note

      Technical Note: An Abridged History of the American Corporation

      By: Rakesh Khurana, Andrew David Klaber and Eric Baldwin
      This note examines the development of the corporate form in the United States from the eighteenth century to the present, focusing primarily on legal issues. It identifies several major trends in the history of the American corporation: the transition of corporations...  View Details
      Keywords: Accounting; Corporate Accountability; Governing Rules, Regulations, And Reforms; History; Code Law; Managerial Roles; Corporate Social Responsibility And Impact; Private Ownership; United States
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      Khurana, Rakesh, Andrew David Klaber, and Eric Baldwin. "Technical Note: An Abridged History of the American Corporation." Harvard Business School Technical Note 411-069, November 2010.
      • October 2010 (Revised March 2012)
      • Case

      Bessemer Trust: Guardians of Capital

      By: Tom Nicholas and David Chen
      Henry Phipps, Jr. made his fortune in the steel industry alongside one of America's most celebrated entrepreneurs—Andrew Carnegie. His wealth was administered in the form of trusts, which he hoped would provide a stream of income for his family and their descendants...  View Details
      Keywords: Wealth; Asset Management; Family Business; Business History; Income; Entrepreneurship; Capital; United States
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      Nicholas, Tom, and David Chen. "Bessemer Trust: Guardians of Capital." Harvard Business School Case 811-031, October 2010. (Revised March 2012.)
      • 2010
      • Chapter

      Business Groups in Historical Perspectives

      By: Geoffrey Jones and Asli M. Colpan
      Business groups-collections of legally independent firms interconnected by multiple economic and social linkages that exhibit widely diversified product portfolios-are viewed as the prototypical large-enterprise form in contemporary emerging economies. By exploring the...  View Details
      Keywords: Business History; Management Skills; Emerging Markets; Alliances; Groups And Teams; Competitive Advantage; Great Britain
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      Jones, Geoffrey, and Asli M. Colpan. "Business Groups in Historical Perspectives." Chap. 3 in The Oxford Handbook of Business Groups, edited by Asli M. Colpan, Takashi Hikino, and James R. Lincoln. Oxford Handbooks in Business and Management. Oxford University Press, 2010.
      • Article

      Kidneys for Sale: Who Disapproves, and Why?

      By: Stephen Leider and Alvin E. Roth
      The shortage of transplant kidneys has spurred debate about legalizing monetary payments to donors to increase the number of available kidneys. However, buying and selling organs faces widespread disapproval. We survey a representative sample of Americans to assess...  View Details
      Keywords: Moral Sensibility; Policy; Health; Market Transactions; Attitudes; Trust
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      Leider, Stephen, and Alvin E. Roth. "Kidneys for Sale: Who Disapproves, and Why?" American Journal of Transplantation 10, no. 5 (May 2010): 1221–1227.
      • June 2009 (Revised August 2010)
      • Background Note

      How Institutional Investors Think About Real Estate

      By: Arthur I Segel
      Real estate is an increasingly important component in the portfolios of institutional investors. This note discusses the issues these investors must consider when investing in real estate from the legal forms of ownership, to separate or commingled funds, to property...  View Details
      Keywords: Investment; Investment Funds; Investment Portfolio; Property; Financial Services Industry
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      Segel, Arthur I. "How Institutional Investors Think About Real Estate." Harvard Business School Background Note 209-152, June 2009. (Revised August 2010.)
      • February 2008
      • Supplement

      Shinhan Financial Group (B)

      By: Rosabeth Moss Kanter and Matthew J. Morgan
      By 2007, there were many signs that the merger of Chohung and Shinhan banks to form the Shinhan Financial Group in 2003 had met its goals. Shinhan Financial Group's stock price had increased from $31 a share at its opening on the New York Stock Exchange in September...  View Details
      Keywords: Mergers And Acquisitions; Global Strategy; Expansion; Markets; Strategic Planning; South Korea
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      Kanter, Rosabeth Moss, and Matthew J. Morgan. "Shinhan Financial Group (B)." Harvard Business School Supplement 308-095, February 2008.
      • December 2005
      • Article

      Up to Code: Does Your Company's Conduct Meet World-Class Standards?

      By: Lynn Paine, Rohit Deshpandé, Joshua D. Margolis and Kim Eric Bettcher
      Codes of conduct have long been a feature of corporate life. Today, they are arguably a legal necessity—at least for public companies with a presence in the United States. But the issue goes beyond U.S. legal and regulatory requirements. Sparked by corruption and...  View Details
      Keywords: Business Ethics; Standards Of Conduct; Globalized Firms And Management; Cross-cultural And Cross-border Issues; Values And Beliefs; Corporate Accountability; Corporate Governance
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      Paine, Lynn, Rohit Deshpandé, Joshua D. Margolis, and Kim Eric Bettcher. "Up to Code: Does Your Company's Conduct Meet World-Class Standards?" Harvard Business Review 83, no. 12 (December 2005): 122–133.
      • Article

      Trust and Incentives in Agency

      By: Ramon Casadesus-Masanell and Daniel F Spulber
      Contracts between a principal and an agent are not formed in a vacuum. Although formal contracts between a principal and an agent contain explicit incentives for performance, the relationship between a principal and an agent also involves implicit incentives. Three...  View Details
      Keywords: Trust; Motivation And Incentives; Agency Theory; Contracts; Market Transactions; Performance; Relationships; Societal Protocols; legal Liability; Cost
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      Casadesus-Masanell, Ramon, and Daniel F Spulber. "Trust and Incentives in Agency." Southern California Interdisciplinary Law Journal 15, no. 1 (Fall 2005): 45–104.
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