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  • All HBS Web  (163)
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    • All HBS Web  (163)
      • Faculty Publications  (60)

      Legal Liability Remove Legal Liability →

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      • 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.)
      • 2022
      • Book

      Corporate Criminal Investigations and Prosecutions

      By: Leo R. Tsao, Daniel S. Kahn and Eugene F. Soltes
      Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and...  View Details
      Keywords: Criminal Investigations; Crime and Corruption; Legal Liability
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      Tsao, Leo R., Daniel S. Kahn, and Eugene F. Soltes. Corporate Criminal Investigations and Prosecutions. Aspen Publishing, 2022.
      • Article

      To Drive Efforts...Don't Tiptoe Around Your Legal Risk

      By: Edward Chang and Bonnie Levine
      Many Diversity, Equity, and Inclusion (DEI) initiatives are scuttled because DEI leaders and legal teams feel themselves to be at odds over questions of acceptable risk. DEI leaders see lawyers as guardians of the status quo, whereas legal experts, trained to...  View Details
      Keywords: Diversity; Risk Management; Legal Liability
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      Chang, Edward, and Bonnie Levine. "To Drive Efforts...Don't Tiptoe Around Your Legal Risk." Harvard Business Review 100, no. 4 (July–August 2022): 74–81.
      • May 2022
      • Article

      When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants

      By: Alberto Galasso and Hong Luo
      Liability laws designed to compensate for harms caused by defective products may also affect innovation. We examine this issue by exploiting a major quasi-exogenous increase in liability risk faced by U.S. suppliers of polymers used to manufacture medical implants....  View Details
      Keywords: Product Liability; Innovation; Tort; Medical Devices; Vertical Foreclosure; Product; Innovation and Invention; Legal Liability; Laws and Statutes; Medical Devices and Supplies Industry
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      Galasso, Alberto, and Hong Luo. "When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants." American Economic Journal: Economic Policy 14, no. 2 (May 2022): 366–401.
      • April 2022 (Revised August 2022)
      • Case

      Conflicts of Interest at Uptown Bank

      By: Jonas Heese
      In 2013, two employees debated whether to blow the whistle on their employer, Bell Bank, after completing an internal review that revealed undisclosed conflicts of interest. Bell Bank’s Asset Management business disproportionately invested clients’ money in Bell Bank’s...  View Details
      Keywords: Whistleblower; Whistleblowing; Mutual Funds; Conflicts Of Interest; Decision Making; Decisions; Judgments; Ethics; Moral Sensibility; Values and Beliefs; Finance; Financial Institutions; Banks and Banking; Financial Management; Investment; Investment Funds; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Policy; Law; Legal Liability; Social Psychology; Motivation and Incentives; Perception; Perspective; Trust; Financial Services Industry; North and Central America; United States
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      Heese, Jonas. "Conflicts of Interest at Uptown Bank." Harvard Business School Case 122-022, April 2022. (Revised August 2022.)
      • April 2022
      • Supplement

      PG&E and the First Climate Change Bankruptcy

      By: Stuart C. Gilson
      Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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      Gilson, Stuart C. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Spreadsheet Supplement 222-714, April 2022.
      • April 2022
      • Article

      AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care

      By: Ariel Dora Stern, Avi Goldfarb, Timo Minssen and W. Nicholson Price II
      Despite enthusiasm about the potential to apply artificial intelligence (AI) to medicine and health care delivery, adoption remains tepid, even for the most compelling technologies. In this article, the authors focus on one set of challenges to AI adoption: those...  View Details
      Keywords: Artificial Intelligence; Medicine; Health Care and Treatment; Legal Liability; Insurance; Technology Adoption; AI and Machine Learning
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      Stern, Ariel Dora, Avi Goldfarb, Timo Minssen, and W. Nicholson Price II. "AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care." NEJM Catalyst Innovations in Care Delivery 3, no. 4 (April 2022).
      • November 2021
      • Background Note

      Fiduciary Duties Law for Managers: An Overview

      By: J.S. Nelson and Trevor Fetter
      This note describes the essential legal responsibilities of managers and company directors toward investors and other parties. These include basic fiduciary duties of loyalty, obedience, good faith and care, as well as duties that relate to...  View Details
      Keywords: Feduciary Duty; Managerial Roles; Legal Liability
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      Nelson, J.S., and Trevor Fetter. "Fiduciary Duties Law for Managers: An Overview." Harvard Business School Background Note 322-073, November 2021.
      • October 2021 (Revised October 2022)
      • Case

      The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen

      By: Suraj Srinivasan and Li-Kuan Ni
      In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices that critics alleged had contributed to the nationwide...  View Details
      Keywords: Opioids; Drug; Investors; Shareholder Activism; Investment Activism; Executive Compensation; Corporate Accountability; Corporate Governance; Governance Compliance; Governance Controls; Risk Management; Corporate Social Responsibility and Impact; Business and Shareholder Relations; Business and Stakeholder Relations; Legal Liability; Distribution Industry; Health Industry; Pharmaceutical Industry; United States; West Virginia; Tennessee; Ohio; Pennsylvania
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      Srinivasan, Suraj, and Li-Kuan Ni. "The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen." Harvard Business School Case 122-014, October 2021. (Revised October 2022.)
      • February 2021
      • Case

      The Tulsa Massacre and the Call for Reparations

      By: Mihir Desai, Ruth Page, Suzanne Antoniou and Leanne Fan
      How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...  View Details
      Keywords: Costs And Consequences; Decisions; Judgment And Decision-making; Lawsuit; Leading Change; Conflict Resolution; Perspective Taking; Prejudice; Bias; Reparations; Decision Making; Decision Choices and Conditions; Cost vs Benefits; Judgments; Race; Ethics; Fairness; Moral Sensibility; Values and Beliefs; Conflict Management; Governance; Corporate Accountability; Corporate Governance; Governing Rules, Regulations, and Reforms; Policy; Government and Politics; Government Legislation; History; Lawsuits and Litigation; Legal Liability; Mission and Purpose; Corporate Social Responsibility and Impact; Motivation and Incentives; Civil Society or Community; Social Issues; Oklahoma; Tulsa; United States
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      Desai, Mihir, Ruth Page, Suzanne Antoniou, and Leanne Fan. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Multimedia/Video Case 221-707, February 2021.
      • December 2020 (Revised February 2021)
      • Supplement

      The Tulsa Massacre and the Call for Reparations

      By: Mihir A. Desai and Suzanne Antoniou
      How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...  View Details
      Keywords: Cost vs Benefits; Decision Choices and Conditions; Decisions; Judgments; Race; Fairness; Moral Sensibility; Values and Beliefs; Corporate Accountability; Corporate Governance; Policy; Governing Rules, Regulations, and Reforms; Government Legislation; Government and Politics; Government Administration; Lawsuits and Litigation; Legal Liability; Leading Change; Mission and Purpose; Corporate Social Responsibility and Impact; Conflict and Resolution; Conflict Management; Loss; Motivation and Incentives; Perspective; Prejudice and Bias; Civil Society or Community; Social Issues; Welfare; Tulsa; Oklahoma; United States
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      Desai, Mihir A., and Suzanne Antoniou. "The Tulsa Massacre and the Call for Reparations." Harvard Business School PowerPoint Supplement 221-064, December 2020. (Revised February 2021.)
      • December 2020 (Revised February 2021)
      • Teaching Note

      The Tulsa Massacre and the Call for Reparations

      By: Mihir A. Desai and Suzanne Antoniou
      How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...  View Details
      Keywords: Cost vs Benefits; Decision Choices and Conditions; Decisions; Judgments; Race; Fairness; Moral Sensibility; Values and Beliefs; Corporate Accountability; Corporate Governance; Policy; Governing Rules, Regulations, and Reforms; Government Legislation; Government and Politics; Government Administration; Lawsuits and Litigation; Legal Liability; Leading Change; Mission and Purpose; Corporate Social Responsibility and Impact; Conflict and Resolution; Conflict Management; Loss; Motivation and Incentives; Perspective; Prejudice and Bias; Civil Society or Community; Social Issues; Welfare; Tulsa; Oklahoma; United States
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      Desai, Mihir A., and Suzanne Antoniou. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Teaching Note 221-044, December 2020. (Revised February 2021.)
      • December 2020 (Revised September 2021)
      • Case

      PG&E and the First Climate Change Bankruptcy

      By: Stuart C. Gilson and Sarah L. Abbott
      In early 2020, the California-based utility PG&E filed a second amended plan of reorganization. PG&E had filed for Chapter 11 bankruptcy in the face of more than $30 billion of legal claims brought against it for its alleged role in causing California wildfires. The...  View Details
      Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Case 221-057, December 2020. (Revised September 2021.)
      • October 2020 (Revised February 2021)
      • Case

      The Tulsa Massacre and the Call for Reparations

      By: Mihir A. Desai, Suzanne Antoniou and Leanne Fan
      How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government...  View Details
      Keywords: Cost vs Benefits; Decision Choices and Conditions; Decisions; Judgments; Race; Fairness; Moral Sensibility; Values and Beliefs; Corporate Accountability; Corporate Governance; Policy; Governing Rules, Regulations, and Reforms; Government Legislation; Government and Politics; Government Administration; Lawsuits and Litigation; Legal Liability; Leading Change; Mission and Purpose; Corporate Social Responsibility and Impact; Conflict and Resolution; Conflict Management; Loss; Motivation and Incentives; Perspective; Prejudice and Bias; Civil Society or Community; Social Issues; Tulsa; Oklahoma; United States
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      Desai, Mihir A., Suzanne Antoniou, and Leanne Fan. "The Tulsa Massacre and the Call for Reparations." Harvard Business School Case 221-039, October 2020. (Revised February 2021.)
      • Article

      The Changing Landscape of Auditors' Liability

      By: Colleen Honigsberg, Shivaram Rajgopal and Suraj Srinivasan
      We provide a comprehensive overview of shareholder litigation against auditors since the passage of the Private Securities Litigation Reform Act (PSLRA). The number of lawsuits per year has declined, dismissals have increased, and settlements in recent years have...  View Details
      Keywords: Auditor Litigation; Tellabs; Section 10(b); Section 11; Audit Quality; Janus; PSLRA; Class-action Litigation; Accounting Audits; Lawsuits and Litigation; Legal Liability
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      Honigsberg, Colleen, Shivaram Rajgopal, and Suraj Srinivasan. "The Changing Landscape of Auditors' Liability." Journal of Law & Economics 63, no. 2 (May 2020): 367–410.
      • December 2019 (Revised January 2020)
      • Background Note

      Background on Insider Trading Liability

      By: Trevor Fetter, Eugene F. Soltes and Grant Wahlquist
      There are numerous restrictions against trading on material, nonpublic information (MNPI)—typically called “insider trading.” This note describes the limitations facing managers and investors as enforced civilly and criminally within the United States.  View Details
      Keywords: Insider Trading; Legal Liability; Ethics; Crime and Corruption; Finance; United States
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      Fetter, Trevor, Eugene F. Soltes, and Grant Wahlquist. "Background on Insider Trading Liability." Harvard Business School Background Note 320-080, December 2019. (Revised January 2020.)
      • September 2019
      • Article

      Contingent Capital Trigger Effects: Evidence from Liability Management Exercises

      By: Boris Vallée
      This paper investigates the so called liability management exercises by European banks, which bear comparable effects to triggering contingent capital. I first explore the determinants of these exercises. I then study market reactions to these operations as well as...  View Details
      Keywords: Contingent Capital; Financial Distress; Regulatory Capital; Financial Institutions; Legal Liability; Management; Banking Industry; Europe
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      Vallée, Boris. "Contingent Capital Trigger Effects: Evidence from Liability Management Exercises." Review of Corporate Finance Studies 8, no. 2 (September 2019): 235–259.
      • January 2019 (Revised May 2019)
      • Case

      When Trolls Attack: Carbonite vs. Oasis Research

      By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and Sarah Mehta
      This case, set in October 2017, follows Danielle Sheer, general counsel for Carbonite, as she defends the company against claims of patent infringement. It provides a broad overview of the U.S. patent system and explores the impact that non-practicing entities...  View Details
      Keywords: Patent Infringement Litigation; Non-practicing Entities; Patent Trolls; Innovation and Invention; Intellectual Property; Patents; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Computer Industry; Technology Industry; Boston
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      Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and Sarah Mehta. "When Trolls Attack: Carbonite vs. Oasis Research." Harvard Business School Case 219-001, January 2019. (Revised May 2019.)
      • November 2017
      • Case

      Loss Prevention at Mac's Convenience Stores (A)

      By: Francesca Gino, Katherine DeCelles and Olivia Hull
      Faced with a persistent robbery problem at his convenience store company, Sean Sportun, security and loss prevention manager at Mac’s of Central Canada, looked to standardize safety measures and devise a new way of preventing employee injury. But as a 32-year old with...  View Details
      Keywords: Public Relations; Community Relations; Change Management; Working Conditions; Leading Change; Training; Knowledge Dissemination; Crime and Corruption; Law Enforcement; Legal Liability; Business and Community Relations; Retail Industry; Canada
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      Gino, Francesca, Katherine DeCelles, and Olivia Hull. "Loss Prevention at Mac's Convenience Stores (A)." Harvard Business School Case 918-001, November 2017.
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