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- 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...
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- 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...
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- September 2019 (Revised May 2020)
- Supplement
Keroche (E): Considering Additional Capacity
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case describes Keroche’s growth after entering the beer business in 2008. Although the company was operating at full capacity and not able to fulfill all of its orders, Tabitha Karanja had set a goal of growing Keroche’s share of the Kenyan beer market from...
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Keywords:
Keroche;
Alcohol;
Alcoholic Beverages;
Beer;
Beer Market;
Premium Beer;
Manufacturing;
Production;
Production Capacity;
Capacity;
Business Ventures;
Business Exit or Shutdown;
Business Growth and Maturation;
Business Startups;
Small Business;
Family Business;
Crime and Corruption;
Customer Focus and Relationships;
Decisions;
Income;
Demographics;
Geographic Scope;
Geographic Location;
Goods and Commodities;
Government Legislation;
Growth and Development;
Business History;
Lawsuits and Litigation;
Laws and Statutes;
Lawfulness;
Goals and Objectives;
Consumer Behavior;
Market Entry and Exit;
Problems and Challenges;
Safety;
Social Issues;
Poverty;
Strategy;
Competition;
Entrepreneurship;
Investment;
Financing and Loans;
Manufacturing Industry;
Food and Beverage Industry
- 2019
- Chapter
Appraisal after Dell
This essay presents new data on appraisal litigation and appraisal outs. I find that appraisal claims have not meaningfully declined in 2016 and that perceived appraisal risk, as measured by the incidence of appraisal outs, has increased since the Dell appraisal in May...
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- October 2017
- Case
The Market for Justice: Burford Capital and the Litigation Finance Industry
By: Lauren Cohen, Christopher Malloy and William Powley
- Article
Market Reactions to Sovereign Litigation
By: Faisal Z. Ahmed and Laura Alfaro
Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede...
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- January 2017
- Case
The Six CEOs of Tyco International Ltd.
By: John R. Wells and Gabriel Ellsworth
In September 2016, Johnson Controls, Inc. completed the acquisition of Tyco International PLC, a $9.9 billion business with operating profits of $884 million. The purchase consideration was $14.4 billion. Although the deal was billed as a merger, Ireland-based Tyco...
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Keywords:
Tyco;
Dennis Kozlowski;
Edward Breen;
Fire Safety;
Fire Protection;
Security;
Packaging;
Securities And Exchange Commission;
Fraud;
Accounting;
Accounting Audits;
Earnings Management;
Financial Statements;
Goodwill Accounting;
Acquisition;
Mergers and Acquisitions;
Business Conglomerates;
Business Divisions;
Business Exit or Shutdown;
Business Growth and Maturation;
Business Headquarters;
Business Model;
Business Organization;
For-Profit Firms;
Restructuring;
Crime and Corruption;
Engineering;
Applied Optics;
Chemicals;
Construction;
Metals and Minerals;
Ethics;
Finance;
Cash Flow;
Public Equity;
Stock Options;
Financing and Loans;
Initial Public Offering;
Profit;
Revenue;
Geographic Location;
Geographic Scope;
Global Range;
Globalized Firms and Management;
Multinational Firms and Management;
Corporate Accountability;
Corporate Disclosure;
Health Care and Treatment;
Business History;
Executive Compensation;
Selection and Staffing;
Courts and Trials;
Lawfulness;
Lawsuits and Litigation;
Business or Company Management;
Goals and Objectives;
Growth and Development Strategy;
Market Entry and Exit;
Public Ownership;
Problems and Challenges;
Strategy;
Business Strategy;
Competition;
Competitive Strategy;
Competitive Advantage;
Consolidation;
Corporate Strategy;
Diversification;
Expansion;
Horizontal Integration;
Value;
Chemical Industry;
Construction Industry;
Consumer Products Industry;
Electronics Industry;
Energy Industry;
Industrial Products Industry;
Manufacturing Industry;
Medical Devices and Supplies Industry;
Mining Industry;
Pharmaceutical Industry;
Semiconductor Industry;
Telecommunications Industry;
Utilities Industry;
Republic of Ireland;
Switzerland;
Bermuda;
United States;
New Hampshire
- October 2016 (Revised January 2017)
- Supplement
Bally Total Fitness (B): The Fall, 2005–2016
By: John R. Wells and Gabriel Ellsworth
By many measures the largest health-club chain in the United States in the early 2000s, Bally Total Fitness sold most of its remaining fitness clubs to 24 Hour Fitness in 2014 and disappeared from the industry top 100 rankings. After Bally was bedeviled by accounting...
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Keywords:
Bally Total Fitness;
Accounting;
Accounting Audits;
Accrual Accounting;
Business Earnings;
Revenue Recognition;
Financial Statements;
Acquisition;
Business Exit or Shutdown;
For-Profit Firms;
Crime and Corruption;
Borrowing and Debt;
Capital;
Capital Structure;
Cash;
Cash Flow;
Public Equity;
Financial Condition;
Insolvency and Bankruptcy;
Financing and Loans;
Investment Activism;
Profit;
Revenue;
Geographic Scope;
Business History;
Executive Compensation;
Resignation and Termination;
Annual Reports;
Contracts;
Lawsuits and Litigation;
Business or Company Management;
Marketing;
Market Entry and Exit;
Private Ownership;
Public Ownership;
Problems and Challenges;
Strategy;
Business Strategy;
Competition;
Corporate Strategy;
Health Industry;
Accounting Industry;
United States;
Illinois;
Chicago
- 2015
- Working Paper
Financial Patent Quality: Finance Patents After State Street
By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon
In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these...
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- 2018
- Working Paper
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. We find that on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms—and target cash in...
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- May 2011 (Revised June 2011)
- Case
The Crisis at Tyco - A Director's Perspective
By: Suraj Srinivasan and Aldo Sesia
In 2002, Wendy Lane had been a member of the board of directors at Tyco International a little more than a year when the company's CEO Dennis Kozlowski and other top executives were accused of fraud, which ultimately led to resignations, imprisonments, lawsuits, and...
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- November 2010
- Article
The Litigation of Financial Innovations
By: Josh Lerner
This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to...
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- September 2010 (Revised July 2013)
- Case
Alnylam Pharmaceuticals: Building Value from the IP Estate
By: Willy C. Shih and Sen Chai
The learning objective of this case is to help students recognize the interplay between intellectual property (IP) rights and corporate strategy. We do this by examining what is a fairly atypical circumstance today in which a single firm is able to secure what it...
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- fall 2010
- Article
Lawsuits and Empire: On the Enforcement of Sovereign Debt in Latin America
By: Faisal Z. Ahmed, Laura Alfaro and Noel Maurer
The re-occurring phenomenon of sovereign default has prompted an enormous theoretical and empirical literature. Most of this research has focused on why countries ever chose to pay their debts (or why private creditors ever expected repayment). The problem originates...
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- August 2010 (Revised March 2012)
- Supplement
The Dow Acquisition of Rohm and Haas (D)
By: Jay W. Lorsch and Melissa Barton
Dow's board and management team worked on arranging appropriate financing to complete the acquisition of Rohm and Haas. Meanwhile, the board of Rohm and Haas filed suit against Dow after it delayed the completion of the acquisition.
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- November 2005 (Revised December 2016)
- Case
Bally Total Fitness (A): The Rise, 1962–2004
By: John R. Wells, Elizabeth A. Raabe and Gabriel Ellsworth
From a single, modest club in 1962, Bally Total Fitness had grown to become—in management’s words—the “largest and only nationwide commercial operator of fitness centers” in the United States in 2004. Bally had faced its share of challenges, but the last couple of...
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Keywords:
Bally Total Fitness;
Fitness;
Gyms;
Health Clubs;
Chain;
Securities And Exchange Commission;
Paul Toback;
Weight Loss;
Exercise;
Contracts;
Personal Training;
Retention;
Accounting;
Accounting Audits;
Accrual Accounting;
Finance;
Advertising;
Business Growth and Maturation;
Business Model;
For-Profit Firms;
Customers;
Customer Satisfaction;
Public Equity;
Financing and Loans;
Revenue;
Revenue Recognition;
Geographic Scope;
Multinational Firms and Management;
Health;
Nutrition;
Business History;
Lawsuits and Litigation;
Management;
Business or Company Management;
Goals and Objectives;
Growth and Development Strategy;
Marketing;
Operations;
Service Delivery;
Service Operations;
Public Ownership;
Problems and Challenges;
Business and Shareholder Relations;
Business Strategy;
Competition;
Corporate Strategy;
Expansion;
Segmentation;
Trends;
Cost Management;
Profit;
Growth and Development;
Leadership Style;
Five Forces Framework;
Private Ownership;
Opportunities;
Motivation and Incentives;
Competitive Strategy;
Health Industry;
United States;
Illinois;
Chicago
- November 2004 (Revised June 2005)
- Case
Mall of America (A)
By: Lynn S. Paine and Christopher Bruner
Explores fiduciary duty issues that arose in litigation among partners in the partnership that owned and controlled the Mall of America. Describes the complex real estate transaction in which one partner attempted to purchase an additional interest in the mall from a...
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