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    • All HBS Web  (92)
      • Faculty Publications  (18)

      Litigation Risk Remove Litigation Risk →

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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.
      • 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.)
      • 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.)
      • 2017
      • Working Paper

      Tort Reform and Innovation

      By: Alberto Galasso and Hong Luo
      Current academic and policy debates focus on the impact of tort reforms on physicians’ behavior and medical costs. This paper examines whether these reforms also affect incentives to develop new technologies. We develop a theoretical model which predicts that the...  View Details
      Keywords: Lawsuits and Litigation; Laws and Statutes; Innovation and Invention; Medical Devices and Supplies Industry
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      Galasso, Alberto, and Hong Luo. "Tort Reform and Innovation." Working Paper, August 2017. (Accepted for publication in Journal of Law and Economics.)
      • June 2017 (Revised September 2021)
      • Case

      Sales Misconduct at Wells Fargo Community Bank

      By: Suraj Srinivasan, Dennis W. Campbell, Susanna Gallani and Amram Migdal
      Set in early 2017, this case examines widespread sales misconduct at Wells Fargo Community Bank. Wells Fargo's governance and controls are described in the lead up to the September 2016 announcement that Wells Fargo had settled with regulators for $185 million in...  View Details
      Keywords: Corporate Governance; Governance Controls; Governing Rules, Regulations, and Reforms; Governing and Advisory Boards; Executive Compensation; Lawsuits and Litigation; Crisis Management; Mission and Purpose; Organizational Design; Business and Community Relations; Business and Government Relations; Crime and Corruption; Business Organization; Business Model; Ethics; Corporate Accountability; Governance Compliance; Policy; Compensation and Benefits; Resignation and Termination; Laws and Statutes; Legal Liability; Business or Company Management; Risk Management; Business Processes; Organizational Culture; Organizational Structure; Failure; Agency Theory; Business and Shareholder Relations; Business and Stakeholder Relations; Risk and Uncertainty; Salesforce Management; Public Opinion; Banking Industry; North and Central America
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      Srinivasan, Suraj, Dennis W. Campbell, Susanna Gallani, and Amram Migdal. "Sales Misconduct at Wells Fargo Community Bank." Harvard Business School Case 118-009, June 2017. (Revised September 2021.)
      • 2016
      • Working Paper

      The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms

      By: Anywhere Sikochi
      I document the causal link between shareholder litigation risk and cross-listed firms’ information environment by exploiting a quasi-natural experiment in the form of a reduction in litigation risk resulting from the 2010 Supreme Court ruling in Morrison v. National...  View Details
      Keywords: Cross-listing; Information Environment; Shareholder Litigation Risk; D&O Insurance; Risk and Uncertainty; Lawsuits and Litigation; Business and Shareholder Relations
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      Sikochi, Anywhere. "The Effect of Shareholder Litigation Risk on the Information Environment: The Case of Cross-Listed Firms." Harvard Business School Working Paper, No. 17-048, December 2016.
      • November–December 2016
      • Article

      The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry

      By: Yongwook Paik and Feng Zhu
      Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of...  View Details
      Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Patent Thicket; Smartphone; Patents; Corporate Strategy; Mobile Technology
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      Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry." Organization Science 27, no. 6 (November–December 2016): 1397–1416.
      • 2016
      • Working Paper

      The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market

      By: Feng Zhu
      Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of...  View Details
      Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry
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      Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
      • 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.
      • September 2013 (Revised June 2014)
      • Supplement

      Rana Plaza: Workplace Safety in Bangladesh (B)

      By: John A. Quelch and Margaret L. Rodriguez
      In the aftermath of the Rana Plaza building collapse, a group of international retailers and labor unions partnered to create a proposal for more stringent inspections and enforcement of safety standards in Bangladesh garment factories. The proposal was met by...  View Details
      Keywords: Retail Trade; Corporate Social Responsibility; Apparel; Bangladesh; Worker Safety; Government And Business; International Business; Apparel and Accessories Industry; Bangladesh
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      Quelch, John A., and Margaret L. Rodriguez. "Rana Plaza: Workplace Safety in Bangladesh (B)." Harvard Business School Supplement 514-035, September 2013. (Revised June 2014.)
      • February 2013
      • Article

      An Activity-Generating Theory of Regulation

      By: Joshua Schwartzstein and Andrei Shleifer
      We propose an activity-generating theory of regulation. When courts make errors, tort litigation becomes unpredictable and as such imposes risk on firms, thereby discouraging entry, innovation, and other socially desirable activity. When social returns to activity are...  View Details
      Keywords: Courts and Trials; Lawsuits and Litigation; Governing Rules, Regulations, and Reforms; Theory
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      Schwartzstein, Joshua, and Andrei Shleifer. "An Activity-Generating Theory of Regulation." Journal of Law & Economics 56, no. 1 (February 2013): 1–38. (Lead Article.)
      • 2013
      • Working Paper

      Securities Litigation Risk for Foreign Companies Listed in the U.S.

      By: Beiting Cheng, Suraj Srinivasan and Gwen Yu
      We study securities litigation risk faced by foreign firms listed on U.S. exchanges. We take into account not only the propensity for foreign firms to commit violations of U.S. securities laws but also the costs that investors face when suing foreign firms. We find...  View Details
      Keywords: Litigation Risk; Cross Listing; Bonding; 10b-5; Securities Litigation; U.S.Listing; Class Action; Risk and Uncertainty; Debt Securities; Globalized Firms and Management; Ethics; Lawsuits and Litigation; United States
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      Cheng, Beiting, Suraj Srinivasan, and Gwen Yu. "Securities Litigation Risk for Foreign Companies Listed in the U.S." Harvard Business School Working Paper, No. 13-036, October 2012. (Revised March 2014.)
      • 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...  View Details
      Keywords: Management Teams; Reputation; Governing and Advisory Boards; Crisis Management; Accounting Audits; Problems and Challenges; Risk Management; Finance; Managerial Roles; Lawsuits and Litigation; Service Industry; United States
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      Srinivasan, Suraj, and Aldo Sesia. "The Crisis at Tyco - A Director's Perspective." Harvard Business School Case 111-035, May 2011. (Revised June 2011.)
      • November 2010 (Revised May 2014)
      • Case

      Dow's Bid for Rohm and Haas

      By: Benjamin C. Esty and David Lane
      This case analyzes Dow Chemical Company's proposed acquisition of Rohm and Haas in 2008. The $18.8 billion acquisition was part of Dow's strategic transformation from a slow-growth, low-margin, and cyclical producer of basic chemicals into a higher-growth,...  View Details
      Keywords: Mergers and Acquisitions; Financial Crisis; Capital Structure; Financial Condition; Financial Management; Contracts; Lawsuits and Litigation; Risk and Uncertainty; Valuation; Chemical Industry
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      Esty, Benjamin C., and David Lane. "Dow's Bid for Rohm and Haas." Harvard Business School Case 211-020, November 2010. (Revised May 2014.)
      • July 2002 (Revised August 2003)
      • Case

      Unilever Superannuation Fund vs. Merrill Lynch, The

      By: Andre F. Perold and Joshua Musher
      In 2001, the Unilever Superannuation Fund sued Merrill Lynch for damages of 130 million British pounds. Over the period 1977 to 1998, the Unilever Fund had significantly underperformed the benchmark, and its trustees contended that the poor returns resulted from...  View Details
      Keywords: Investment; Lawsuits and Litigation; Performance Evaluation; Agreements and Arrangements; Customer Relationship Management; Risk and Uncertainty; Asset Management; Risk Management; Legal Liability; Financial Services Industry; United Kingdom
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      Perold, Andre F., and Joshua Musher. "Unilever Superannuation Fund vs. Merrill Lynch, The." Harvard Business School Case 203-034, July 2002. (Revised August 2003.)
      • November 1994
      • Case

      Dow Corning and the Breast Implant Controversy (A)

      By: Willis M. Emmons III, Monica Brand and Greg Keller
      In early 1994, Dow Corning Corp. debates whether to participate in a proposed $4.2 billion product liability settlement. Specifically, the firm must decide whether to contribute $2 billion to end a class action suit filed by women suffering from connective tissue...  View Details
      Keywords: Safety; Ethics; Health Disorders; Government Legislation; Crime and Corruption; Legal Liability; Risk and Uncertainty; Business Strategy; Communication Strategy; Lawsuits and Litigation; Health Industry; Beauty and Cosmetics Industry
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      Emmons, Willis M., III, Monica Brand, and Greg Keller. "Dow Corning and the Breast Implant Controversy (A)." Harvard Business School Case 795-047, November 1994.
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