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- Faculty Publications (64)
- Article
Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution
By: Fabrice Lumineau and Deepak Malhotra
This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contractual detail...
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Keywords:
Governance Controls;
Contracts;
Rights;
Negotiation;
Conflict and Resolution;
Power and Influence
Lumineau, Fabrice, and Deepak Malhotra. "Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution." Strategic Management Journal 32, no. 5 (May 2011): 532–555.
- 2010
- Working Paper
Developing Negotiation Case Studies
While a great deal of excellent advice exists for producing case studies on managerially relevant topics in general, negotiation cases have distinctive aspects that merit explicit treatment. This article offers three types of tailored advice for producing cases on...
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Sebenius, James K. "Developing Negotiation Case Studies." Harvard Business School Working Paper, No. 11-008, July 2010. (Revised October 2010.)
- 2009
- Working Paper
Walking the Talk in Multiparty Bargaining: An Experimental Investigation
By: Kathleen L. McGinn, Katherine L Milkman and Markus Noth
We study the framing effects of communication in multiparty bargaining. Communication has been shown to be more truthful and revealing than predicted in equilibrium. Because talk is preference-revealing, it may effectively frame bargaining around a logic of fairness or...
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Keywords:
Equality and Inequality;
Competition;
Negotiation Process;
Negotiation Types;
Fairness;
Interpersonal Communication;
Game Theory;
Cooperation
McGinn, Kathleen L., Katherine L Milkman, and Markus Noth. "Walking the Talk in Multiparty Bargaining: An Experimental Investigation." Harvard Business School Working Paper, No. 10-039, November 2009.
- October 2009 (Revised January 2010)
- Case
The University of Notre Dame Endowment
By: Andre F. Perold and Paul Michael Buser
The Endowment Model of Investing, which was based on creating high risk-adjusted performance through diversification, a long time horizon, top-notch outside managers, and illiquid investments, had served Notre Dame and other large universities well over the past...
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Keywords:
Financial Crisis;
Higher Education;
Asset Management;
Private Equity;
Financial Liquidity;
Investment;
Risk Management;
Performance Evaluation;
Education Industry;
Financial Services Industry
Perold, Andre F., and Paul Michael Buser. "The University of Notre Dame Endowment." Harvard Business School Case 210-007, October 2009. (Revised January 2010.)
- 2008
- Working Paper
Etiquette and Process Puzzles of Negotiating Business in China: A Questionnaire
By: James K. Sebenius and Cheng (Jason) Qian
Cultural differences can affect negotiations in many ways, from influencing the basic motivations and perceptions of the players to guiding the surface aspects, such as etiquette, protocol, and process, of business interactions. Navigating the challenges of these...
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Keywords:
Decision Making;
Cross-Cultural and Cross-Border Issues;
Governance;
Questionnaires;
Negotiation Process;
Behavior;
China
Sebenius, James K., and Cheng (Jason) Qian. "Etiquette and Process Puzzles of Negotiating Business in China: A Questionnaire." Harvard Business School Working Paper, No. 09-077, December 2008.
- September 2008 (Revised April 2009)
- Supplement
Wyoff and China-LuQuan: Negotiating a Joint Venture (B)
By: James K. Sebenius and Cheng (Jason) Qian
Through stalled joint venture talks between Pennsylvania-based Wyoff Corp. and Jinan-based China-LuQuan, strategic and cross-cultural negotiation challenges are explored both from American and Chinese perspectives. Wyoff, a leading U.S. chemical company, has been...
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Keywords:
Joint Ventures;
Cross-Cultural and Cross-Border Issues;
Negotiation Process;
Negotiation Tactics;
Chemical Industry;
China;
Pennsylvania
Sebenius, James K., and Cheng (Jason) Qian. "Wyoff and China-LuQuan: Negotiating a Joint Venture (B)." Harvard Business School Supplement 909-014, September 2008. (Revised April 2009.)
- 2008
- Working Paper
Open to Negotiation: Phenomenological Assumptions and Knowledge Dissemination
By: Corinne Bendersky and Kathleen L. McGinn
Phenomenological assumptions-assumptions about the fundamental qualities of the phenomenon being studied and how it relates to the environment in which it occurs-affect the dissemination of knowledge from subfields to the broader field of study. Micro-process research...
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Bendersky, Corinne, and Kathleen L. McGinn. "Open to Negotiation: Phenomenological Assumptions and Knowledge Dissemination." Harvard Business School Working Paper, No. 09-043, September 2008. (Revised March 2009, June 2009.)
- March 2008 (Revised August 2017)
- Exercise
The Book Deal: Confidential Instructions for the AGENT
By: Deepak Malhotra and Max H. Bazerman
A two-party negotiation between an Agent representing a new author and an Editor at a large Publishing Firm. The exercise involves a one-issue, zero-sum negotiation concerning the advance on royalties that the publisher will pay to the author.
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Keywords:
Ethics;
Agreements and Arrangements;
Negotiation Preparation;
Negotiation Tactics;
Negotiation Types;
Publishing Industry
Malhotra, Deepak, and Max H. Bazerman. "The Book Deal: Confidential Instructions for the AGENT." Harvard Business School Exercise 908-051, March 2008. (Revised August 2017.)
- March 2008 (Revised August 2017)
- Exercise
The Book Deal: Confidential Instructions for the PUBLISHER
By: Deepak Malhotra and Max H. Bazerman
A two-party negotiation between an Agent representing a new author and an Editor at a large Publishing Firm. The exercise involves a one-issue, zero-sum negotiation concerning the advance on royalties that the publisher will pay to the author.
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Keywords:
Ethics;
Agreements and Arrangements;
Negotiation Preparation;
Negotiation Tactics;
Negotiation Types;
Publishing Industry
Malhotra, Deepak, and Max H. Bazerman. "The Book Deal: Confidential Instructions for the PUBLISHER." Harvard Business School Exercise 908-050, March 2008. (Revised August 2017.)
- January 2008 (Revised April 2009)
- Case
Wyoff and China-LuQuan: Negotiating a Joint Venture (A)
By: James K. Sebenius and Cheng (Jason) Qian
Through stalled joint venture talks between Pennsylvania-based Wyoff Corp. and China-based China-LuQuan, strategic and cross-cultural negotiation challenges are explored both from American and Chinese perspectives. Wyoff, a leading US chemical company has been seeking...
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Keywords:
Joint Ventures;
Cross-Cultural and Cross-Border Issues;
Negotiation Style;
Strategy;
Chemical Industry;
China;
Pennsylvania
Sebenius, James K., and Cheng (Jason) Qian. "Wyoff and China-LuQuan: Negotiating a Joint Venture (A)." Harvard Business School Case 908-046, January 2008. (Revised April 2009.)
- 2007
- Working Paper
Paths to Equality: Walking the Talk in Multi-party Negotiations
By: Kathleen L. McGinn, Katherine L. Milkman and Markus Nöth
Past research has shown that communication in negotiations heightens social awareness, facilitates coordination, increases the utility for the other's positive outcomes, and thereby leads to more equal payoffs. But the role of specific communication strategies in...
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- October 2007 (Revised December 2008)
- Background Note
Evaluating M&A Deals: How Poison Pills Work
The poison pill defense against hostile takeovers was invented in 1982 by Martin Lipton, of Wachtell, Lipton, Rosen and Katz. Pills are considered the most effective of all the normal defenses against a hostile bidder. Describes the two basic types of poison pills...
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Baldwin, Carliss Y. "Evaluating M&A Deals: How Poison Pills Work." Harvard Business School Background Note 208-061, October 2007. (Revised December 2008.)
- August 2007
- Case
New York Magazine
By: Guhan Subramanian and David Chen
Describes the events surrounding the sale of New York Magazine to Bruce Wasserstein in 2003. Wasserstein's last-second cash bid of $55 million surprised other potential buyers and allowed him to win ownership of the magazine.
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- March 2007 (Revised October 2007)
- Module Note
Negotiating Effectively in Family Business Systems
By: Deepak Malhotra and John A. Davis
Explores how families in business can apply five principles of negotiation that are used effectively by non-family members. The distinctive characteristics of family relationships and of family business systems--which affect the use of these principles--are described.
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Malhotra, Deepak, and John A. Davis. "Negotiating Effectively in Family Business Systems." Harvard Business School Module Note 807-144, March 2007. (Revised October 2007.)
- November 2006
- Supplement
The Bollingers: Negotiating with Wal-Mart (B)
By: James K. Sebenius and Ellen Knebel
Sebenius, James K., and Ellen Knebel. "The Bollingers: Negotiating with Wal-Mart (B)." Harvard Business School Supplement 907-010, November 2006.
- December 2005 (Revised March 2007)
- Case
Innovation and Collaboration at Merrill Lynch
By: Boris Groysberg and Ingrid Vargas
In the spring of 2005, Candace Browning, head of Global Securities Research and Economics at Merrill Lynch, led about 500 Merrill Lynch analysts worldwide in a collaborative effort to produce innovative research, most of them accustomed to working independently in...
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Keywords:
Leadership;
Groups and Teams;
Management Teams;
Decision Making;
Collaborative Innovation and Invention;
Negotiation;
Mathematical Methods;
Strategy;
Human Resources;
Motivation and Incentives;
Banking Industry;
Financial Services Industry
Groysberg, Boris, and Ingrid Vargas. "Innovation and Collaboration at Merrill Lynch." Harvard Business School Case 406-081, December 2005. (Revised March 2007.)
- fall 2004
- Article
Predictable Negotiations: Should Have Seen This Coming (Book Excerpt)
By: M. Bazerman and Michael Watkins
Bazerman, M., and Michael Watkins. "Predictable Negotiations: Should Have Seen This Coming (Book Excerpt)." Compass 2, no. 1 (fall 2004): 42–43.
- September 2004 (Revised January 2005)
- Case
Brazil's WTO Cotton Case: Negotiation Through Litigation
By: Ray A. Goldberg, Robert Lawrence and J. Katherine Milligan
Brazil has just won a case action against the U.S. cotton agriculture program at the World Trade Organization. What does this mean for future agricultural programs in the United States? For future trade policies of the United States, Brazil, and others in the global...
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Keywords:
Developing Countries and Economies;
Trade;
Globalized Markets and Industries;
Governing Rules, Regulations, and Reforms;
Policy;
Lawsuits and Litigation;
Negotiation Process;
Negotiation Types;
Agriculture and Agribusiness Industry;
United States;
Brazil
Goldberg, Ray A., Robert Lawrence, and J. Katherine Milligan. "Brazil's WTO Cotton Case: Negotiation Through Litigation." Harvard Business School Case 905-405, September 2004. (Revised January 2005.)
- November 2002 (Revised October 2003)
- Case
Circles: Series D Financing
By: Paul W. Marshall and Kristin Lieb
Circles, a corporate concierge company on the verge of profitability, must make a decision whether to take a D-round venture capital despite ever-changing and ever-worsening terms. A four-year-old company with several major clients, it has met its business plan...
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Keywords:
Cost vs Benefits;
Financing and Loans;
Management Teams;
Growth and Development Strategy;
Negotiation Process;
Venture Capital;
Governing and Advisory Boards;
Entrepreneurship;
Service Industry;
Consulting Industry;
Massachusetts
Marshall, Paul W., and Kristin Lieb. "Circles: Series D Financing." Harvard Business School Case 803-062, November 2002. (Revised October 2003.)
- May 2001 (Revised December 2002)
- Exercise
Alphexo Corporation: Confidential Negotiation Information
A two-party, multiple-issue dollar-scoring negotiation exercise dealing with the formation and terms of an IT-industry joint venture. Subordinates have made some progress on several issues but have reached an impasse. Division heads will now attempt to reach a...
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Keywords:
Negotiation Types;
Joint Ventures;
Conflict Management;
Information Technology;
Information Technology Industry
Sebenius, James K. "Alphexo Corporation: Confidential Negotiation Information." Harvard Business School Exercise 801-418, May 2001. (Revised December 2002.)