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- 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...
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Keywords:
Litigation Financing;
Dynamic Bargaining;
Real Options;
Lawsuits and Litigation;
Financing and Loans
Antill, Samuel, and Steven R. Grenadier. "Financing the Litigation Arms Race." Journal of Financial Economics 149, no. 2 (August 2023): 218–234.
- 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...
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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
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.
- 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...
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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
Dey, Aiyesha, Trung Nguyen, Marshal Herrmann, and Julia Kelley. "Financial Reporting at Mattel." Harvard Business School Case 122-006, October 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...
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Keywords:
Gender Discrimination;
Founders;
Venture Capital;
Selection and Staffing;
Gender;
Lawsuits and Litigation
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...
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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.
- January 2021 (Revised October 2021)
- Case
Ken Talbot—Cautionary Tale in Estate Planning
By: Christina R. Wing and Faith Lyons
In 2010, Ken Talbot, a self-made Australian billionaire, was traveling throughout Africa to bring his innovative coal technology to the continent when he perished in a plane crash. His will was originally created years prior when his estate worth was estimated to be AU...
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Keywords:
Estate Planning;
Entrepreneurship;
Assets;
Agreements and Arrangements;
Lawsuits and Litigation;
Valuation;
Family and Family Relationships;
Conflict Management;
Australia;
Africa
Wing, Christina R., and Faith Lyons. "Ken Talbot—Cautionary Tale in Estate Planning." Harvard Business School Case 621-071, January 2021. (Revised October 2021.)
- September 2019
- Supplement
Keroche (B): Considering Entry into the Kenyan Beer Market
By: Ramon Casadesus-Masanell and Pippa Tubman Armerding
This case discusses the situation of the Kenyan alcoholic drinks producer Keroche in July 2004, when co-founder Tabitha Karanja was debating whether to enter the Kenyan beer market. Doing so would mean direct competition with the multinational EABL in an industry and...
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Keywords:
Keroche;
Alcohol;
Alcoholic Drinks;
Alcoholic Beverages;
Beverages;
Drinks;
Wine Industry;
Wine;
Fortified Wine;
Viena;
Beer;
Beer Market;
Manufacturing;
Production Capacity;
Capacity;
Growth;
Regulated;
Unregulated;
Informal;
Informal Market;
Regulation;
Illicit;
Illegal;
Substandard;
Dangerous;
Shutdown;
Factory;
Safe;
Affordable;
Low-income Consumers;
Business Growth and Maturation;
Business Startups;
Production;
Investment;
Safety;
Quality;
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;
Social Issues;
Poverty;
Strategy;
Competition;
Entrepreneurship;
Marketing;
Manufacturing Industry;
Food and Beverage Industry;
Kenya;
Nairobi;
Africa
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (B): Considering Entry into the Kenyan Beer Market." Harvard Business School Supplement 720-391, September 2019.
- 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
Casadesus-Masanell, Ramon, and Pippa Tubman Armerding. "Keroche (E): Considering Additional Capacity." Harvard Business School Supplement 720-394, September 2019. (Revised May 2020.)
- 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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Subramanian, Guhan. "Appraisal after Dell." Chap. 10 in The Corporate Contract in Changing Times: Is the Law Keeping Up? edited by Steven Davidoff Solomon and Randall Stuart Thomas, 222–243. University of Chicago Press, 2019.
- 2018
- Working Paper
It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading
By: Trung Nguyen and Quoc H. Nguyen
We use hand-collected data from SEC’s litigation releases for insider trading violations to examine the effect of geographic distance on its enforcement activities and insider trading activities. First, we find that the SEC is more likely to investigate companies that...
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Keywords:
SEC;
Enforcement;
Financial Misconduct;
Insider Trading;
Geographic Proximity;
Governance Compliance;
Law Enforcement;
Geographic Location;
Finance;
Crime and Corruption
Nguyen, Trung, and Quoc H. Nguyen. "It is Easy to be Brave From a Safe Distance: Proximity to the SEC and Insider Trading." Working Paper.
- October 2018 (Revised October 2019)
- Case
Rio Tinto vs. the Securities and Exchange Commission
By: Aiyesha Dey, Krishna G. Palepu and Sarah Gulick
Keywords:
Coal Mining;
SEC Enforcement;
FCPA;
Mining;
Fraud;
Acquisition;
Financial Reporting;
Mergers and Acquisitions;
Non-Renewable Energy;
Ethics;
Financial Management;
Investment;
Corporate Governance;
Laws and Statutes;
Lawsuits and Litigation;
Risk Management;
Risk and Uncertainty;
Energy Industry;
Mining Industry;
Financial Services Industry;
Mozambique;
United States;
Australia;
England
Dey, Aiyesha, Krishna G. Palepu, and Sarah Gulick. "Rio Tinto vs. the Securities and Exchange Commission." Harvard Business School Case 119-046, October 2018. (Revised October 2019.)
- October 2017
- Case
The Market for Justice: Burford Capital and the Litigation Finance Industry
By: Lauren Cohen, Christopher Malloy and William Powley
Cohen, Lauren, Christopher Malloy, and William Powley. "The Market for Justice: Burford Capital and the Litigation Finance Industry." Harvard Business School Case 218-007, October 2017.
- Summer 2017
- Article
Copyright Enforcement: Evidence from Two Field Experiments
By: Hong Luo and Julie Holland Mortimer
Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive dataset of copyright infringement incidences by firms. The data cover two field experiments...
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Luo, Hong, and Julie Holland Mortimer. "Copyright Enforcement: Evidence from Two Field Experiments." Journal of Economics & Management Strategy 26, no. 2 (Summer 2017): 499–528.
- 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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Keywords:
Sovereign Debt;
Litigation;
Vulture Funds;
Argentina;
Sovereign Finance;
Lawsuits and Litigation;
Markets;
Argentina
Ahmed, Faisal Z., and Laura Alfaro. "Market Reactions to Sovereign Litigation." Capital Markets Law Journal 12, no. 2 (April 2017): 141–163.
- February 2017 (Revised January 2022)
- Supplement
Bankruptcy at Caesars Entertainment (B)
By: Kristin Mugford
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;
Entertainment and Recreation Industry;
Las Vegas
Mugford, Kristin. "Bankruptcy at Caesars Entertainment (B)." Harvard Business School Supplement 217-058, February 2017. (Revised January 2022.)
- February 2016 (Revised March 2019)
- Case
Bankruptcy at Caesars Entertainment
By: Kristin Mugford and David Chan
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...
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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;
Entertainment and Recreation Industry;
Las Vegas
Mugford, Kristin, and David Chan. "Bankruptcy at Caesars Entertainment." Harvard Business School Case 216-052, February 2016. (Revised March 2019.)
- January 2016 (Revised January 2019)
- Supplement
The Allergan Board Under Fire (B)
By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund...
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Keywords:
Allergan, Inc.;
Valeant;
Ackman;
Pershing Square;
Tender Offer;
Activist Investors;
Business Models;
R&D;
Board Of Directors;
Securities Litigation;
Acquisition Strategy;
Takeover Defenses;
Hedge Funds;
Shareholder Rights;
Proxy Contest;
Shareholder Special Meetings;
Legal Issues In Contested Takeovers;
Corporate Governance;
Investment Activism;
Business and Stakeholder Relations;
Business Model;
Business and Shareholder Relations;
Valuation;
Pharmaceutical Industry
Paine, Lynn S., Suraj Srinivasan, John C. Coates, and David Lane. "The Allergan Board Under Fire (B)." Harvard Business School Supplement 316-029, January 2016. (Revised January 2019.)
- 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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Lerner, Josh, Andrew Speen, Mark Baker, and Ann Leamon. "Financial Patent Quality: Finance Patents After State Street." Harvard Business School Working Paper, No. 16-068, December 2015.
- 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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Keywords:
Patent Trolls;
NPEs;
PAEs;
Innovation;
Patents;
Ethics;
Lawsuits and Litigation;
Innovation and Invention;
Corporate Finance
Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Harvard Business School Working Paper, No. 15-002, July 2014. (Revised June 2018.)
- February 2014
- Article
Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation
By: Francois Brochet and Suraj Srinivasan
We examine which independent directors are held accountable when investors sue firms for financial- and disclosure-related fraud. Investors can name independent directors as defendants in lawsuits, and they can vote against their re-election to express displeasure over...
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Keywords:
Independent Directors;
Litigation Risk;
Class Action Lawsuits;
Director Accountability;
Reputation;
Boards Of Directors;
Corporate Governance;
Debt Securities;
Corporate Accountability;
Lawsuits and Litigation
Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Journal of Financial Economics 111, no. 2 (February 2014): 430–449.