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    • All HBS Web  (127)
      • Faculty Publications  (39)

      Litigation Financing Remove Litigation Financing →

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      • 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.
      • 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.
      • 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.
      • 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...  View Details
      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
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      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...  View Details
      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
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      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

      By: Guhan Subramanian
      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...  View Details
      Keywords: Valuation; Contracts; Negotiation Process
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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...  View Details
      Keywords: SEC; Enforcement; Financial Misconduct; Insider Trading; Geographic Proximity; Governance Compliance; Law Enforcement; Geographic Location; Finance; Crime and Corruption
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      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
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      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
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      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...  View Details
      Keywords: Copyright; Law Enforcement; Lawsuits and Litigation; Cost
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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...  View Details
      Keywords: Sovereign Debt; Litigation; Vulture Funds; Argentina; Sovereign Finance; Lawsuits and Litigation; Markets; Argentina
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      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
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      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...  View Details
      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
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      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...  View Details
      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
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      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...  View Details
      Keywords: Patents; Lawsuits and Litigation; Finance
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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...  View Details
      Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Ethics; Lawsuits and Litigation; Innovation and Invention; Corporate Finance
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      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...  View Details
      Keywords: Independent Directors; Litigation Risk; Class Action Lawsuits; Director Accountability; Reputation; Boards Of Directors; Corporate Governance; Debt Securities; Corporate Accountability; Lawsuits and Litigation
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      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.
      • 2013
      • Working Paper

      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...  View Details
      Keywords: Debt Securities; Lawsuits and Litigation; Legal Liability
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      Brochet, Francois, and Suraj Srinivasan. "Accountability of Independent Directors—Evidence from Firms Subject to Securities Litigation." Working Paper, 2013. (Harvard Business School Working Paper, No. 13-104, June 2013.)
      • December 2012 (Revised November 2014)
      • Case

      W.R. Grace & Co.: Dealing with Asbestos Torts

      By: Stuart C. Gilson and Sarah L. Abbott
      A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract...  View Details
      Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
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