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      • Faculty Publications  (166)

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      • 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...  View Details
      Keywords: Class-action Litigation; Turnover; Lawsuits and Litigation; Innovation and Invention; Risk and Uncertainty
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      Kempf, Elisabeth, and Oliver Spalt. "Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits." Management Science 69, no. 3 (March 2023): 1323–1934.
      • December 2022
      • Technical Note

      Risks and Opportunities from the Transition to a Low Carbon Economy: A Business Analysis Framework

      By: George Serafeim
      The transition to a low carbon economy introduces many risks and opportunities for businesses. Risks emerge from regulatory actions, such as carbon taxes and cap and trade systems, technological innovation that develop alternatives for customers making existing...  View Details
      Keywords: Risk Assessment; Opportunities; Environmental Sustainability; Carbon Footprint; Risk Management; Competitive Dynamics; Business Analysis; Climate Change; Accounting; Finance; Valuation; Business and Shareholder Relations; Technological Innovation; Transition; Product Positioning; Renewable Energy; Analysis
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      Serafeim, George. "Risks and Opportunities from the Transition to a Low Carbon Economy: A Business Analysis Framework." Harvard Business School Technical Note 123-014, December 2022.
      • 2022
      • Working Paper

      The Ties That No Longer Bind: Inventor Mobility and Patent Litigation

      By: Daniel Jay Brown and Maria Roche
      The retention of inventor-employees represents a core strategic concern for firms in innovative industries. In this paper, we examine the impact of reduced patent enforceability on the mobility of inventor-employees and explore the related influence on firms’...  View Details
      Keywords: Mobility; Inventors; Patent Enforceability; Skills; Strategic Human Capital; Retention; Innovation and Invention; Intellectual Property
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      Brown, Daniel Jay, and Maria Roche. "The Ties That No Longer Bind: Inventor Mobility and Patent Litigation." Harvard Business School Working Paper, No. 23-021, October 2022.
      • August 2022
      • Article

      The U.S. Approach to Antitrust Policy in Technology Markets

      By: Shane Greenstein
      This report illustrates the strengths and weaknesses of the U.S. approach to antitrust policy by drawing lessons from three cases: United States v. AT&T, United States v. Microsoft, and United States v. Google. The cases against AT&T and Microsoft are historical cases,...  View Details
      Keywords: Antitrust; Lawsuits and Litigation; Information Technology; Competition
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      Greenstein, Shane. "The U.S. Approach to Antitrust Policy in Technology Markets." AEI Digital Platforms and American Life Project (August 2022).
      • July 2022 (Revised November 2022)
      • Case

      Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard

      By: Joseph Pacelli, Jonas Heese and James Barnett
      In January 2022, Microsoft announces its acquisition of the video game company Activision Blizzard, in a deal valued at $68.7 billion, which would make Microsoft the world’s third largest video game company. The deal came as Activision Blizzard faced gender pay...  View Details
      Keywords: Accounting; Goodwill Accounting; Analysis; Decision Making; Talent and Talent Management; Games, Gaming, and Gambling; Ethics; Leadership; Risk and Uncertainty; Mergers and Acquisitions; Lawsuits and Litigation; Entertainment and Recreation Industry; Video Game Industry; North America; California
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      Pacelli, Joseph, Jonas Heese, and James Barnett. "Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard." Harvard Business School Case 123-011, July 2022. (Revised November 2022.)
      • March 2022 (Revised May 2022)
      • Case

      Doubling Down: Elon Musk's Big Bets in 2022

      By: David Yoffie and Daniel Fisher
      2021 was a banner year for Elon Musk. CEO of the electric vehicle manufacturer Tesla, the aerospace manufacturer SpaceX, and a few smaller startups, Musk became the richest person on Earth after Tesla reached a market capitalization of $1 trillion and SpaceX a private...  View Details
      Keywords: Innovation and Management; Competitive Advantage; Competitive Strategy; Information Infrastructure; Applications and Software; Transportation; Strategic Planning; Leadership Style; Leading Change; Goals and Objectives; Aerospace Industry; Auto Industry; Battery Industry; United States; Europe; China
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      Yoffie, David, and Daniel Fisher. "Doubling Down: Elon Musk's Big Bets in 2022." Harvard Business School Case 722-439, March 2022. (Revised May 2022.)
      • January 2022 (Revised January 2023)
      • Technical Note

      Legal Analysis: Sexual Misconduct in the Workplace

      By: J.S. Nelson and Trevor Fetter
      This background piece describes the spectrum of sexual misconduct, from sexual assault through sexual harassment to gender discrimination. It outlines the patterns involved in this behavior, the legal process for reporting it, and its prevalence both domestically and...  View Details
      Keywords: Crime and Corruption; Gender; Social Psychology; Behavior; Lawsuits and Litigation
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      Nelson, J.S., and Trevor Fetter. "Legal Analysis: Sexual Misconduct in the Workplace." Harvard Business School Technical Note 322-085, January 2022. (Revised January 2023.)
      • November 2021
      • Case

      The Wolf in Cashmere: LVMH's Bid to Acquire Tiffany

      By: Stuart C. Gilson and Sarah L. Abbott
      In November 2019, the iconic U.S. jeweler Tiffany agreed to be acquired by the luxury goods conglomerate LVMH. The $16.6 billion transaction was scheduled to close in mid-2020. However, in 2020, the global COVID-19 pandemic took a toll on the luxury goods sector. In...  View Details
      Keywords: Mergers & Acquisitions; Luxury Brand; COVID-19 Pandemic; Mergers and Acquisitions; Health Pandemics; Lawsuits and Litigation; Consumer Products Industry; United States; Europe
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      Gilson, Stuart C., and Sarah L. Abbott. "The Wolf in Cashmere: LVMH's Bid to Acquire Tiffany." Harvard Business School Case 222-054, November 2021.
      • October 2021
      • Case

      Financial Reporting at Mattel

      By: Aiyesha Dey, Trung Nguyen, Marshal Herrmann and Julia Kelley
      In September 2020, Diana Ferguson was nearing her first Audit Committee meeting as the newly appointed Audit Committee chair of Mattel, Inc. Mattel was just recovering from an accounting scandal which had revealed the company’s poor internal controls and weak board...  View Details
      Keywords: Accounting; Accounting Audits; Financial Reporting; Financial Statements; Governance; Corporate Accountability; Corporate Disclosure; Corporate Governance; Governance Compliance; Governance Controls; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Lawsuits and Litigation; Business and Shareholder Relations; Consumer Products Industry; Entertainment and Recreation Industry; Financial Services Industry; North and Central America; United States; California
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      Dey, Aiyesha, Trung Nguyen, Marshal Herrmann, and Julia Kelley. "Financial Reporting at Mattel." Harvard Business School Case 122-006, October 2021.
      • July 2021
      • Article

      Electronic Trace Data and Legal Outcomes: The Effect of Electronic Medical Records on Malpractice Claim Resolution Time

      By: Sam Ransbotham, Eric Overby and Michael C. Jernigan
      Information systems generate copious trace data about what individuals do and when they do it. Trace data may affect the resolution of lawsuits by, for example, changing the time needed for legal discovery. Trace data might speed resolution by clarifying what events...  View Details
      Keywords: Analytics and Data Science; Lawsuits and Litigation; Digital Transformation; Welfare; Health Industry
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      Ransbotham, Sam, Eric Overby, and Michael C. Jernigan. "Electronic Trace Data and Legal Outcomes: The Effect of Electronic Medical Records on Malpractice Claim Resolution Time." Management Science 67, no. 7 (July 2021): 4341–4361.
      • Article

      Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers

      By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos
      Cash-for-information whistleblower programs have gained momentum as a regulatory tool to enforce corporate misconduct. Yet, little is known about how financial incentives affect whistleblowers’ decisions to report potential misconduct to authorities. Similarly, there...  View Details
      Keywords: Corporate Misconduct; Whistleblowers; Financial Incentives; Ethics; Governance Compliance; Lawsuits and Litigation
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      Dey, Aiyesha, Jonas Heese, and Gerardo Pérez Cavazos. "Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers." Harvard Law School Forum on Corporate Governance (June 10, 2021).
      • 2021
      • Working Paper

      Venture Capital's 'Me Too' Moment

      By: Sophie Calder-Wang, Paul A. Gompers and Patrick Sweeney
      In this paper, we document the historically low rate of hiring of women in the venture capital sector. We find that the high-profile Ellen Pao v. Kleiner Perkins gender discrimination trial had dramatic treatment effects. In difference-in-differences regressions, we...  View Details
      Keywords: Gender Discrimination; Founders; Venture Capital; Selection and Staffing; Gender; Lawsuits and Litigation
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      Calder-Wang, Sophie, Paul A. Gompers, and Patrick Sweeney. "Venture Capital's 'Me Too' Moment." NBER Working Paper Series, No. 28679, April 2021.
      • March 2021
      • Case

      Litigation Finance 2.0: LexShares

      By: Lauren Cohen, Spencer C. N. Hagist and Yago Zavalia Gahan
      Litigation finance—also referred to as third party litigation funding—was in its relative infancy as an asset class when Jay Greenberg and Max Volsky made a platform-play in the space. Seven years later, the market was far from "mainstream," but nonetheless had grown...  View Details
      Keywords: Finance; Entrepreneurship; Growth and Development Strategy; United States
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      Cohen, Lauren, Spencer C. N. Hagist, and Yago Zavalia Gahan. "Litigation Finance 2.0: LexShares." Harvard Business School Case 221-092, March 2021.
      • 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.)
      • 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 2020 (Revised August 2022)
      • Case

      Epic Games: Nineteen Eighty-Fortnight

      By: Andy Wu, Miaomiao Zhang and Christopher Zhang
      In the midst of intensifying public and political attention towards the market power of big technology, Epic Games in 2020 challenged the status quo that has existed for years in the Apple iOS and Google Android mobile application marketplaces and payment systems....  View Details
      Keywords: Mobile Platforms; Mobile App Industry; Mobile Payment Systems; Antitrust; Games, Gaming, and Gambling; Mobile and Wireless Technology; Lawsuits and Litigation; Entrepreneurship; Competitive Strategy; Digital Platforms; United States
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      Wu, Andy, Miaomiao Zhang, and Christopher Zhang. "Epic Games: Nineteen Eighty-Fortnight." Harvard Business School Case 721-395, October 2020. (Revised August 2022.)
      • 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.
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