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  • All HBS Web  (142)
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    • All HBS Web  (142)
      • Faculty Publications  (21)

      Product Liability Remove Product Liability →

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      • 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.
      • December 2022 (Revised February 2023)
      • Case

      Daniel Defense: Responding to the Shooting at the Robb Elementary School in Uvalde, TX

      By: Benjamin C. Esty and Daniel Fisher
      At 11:33am on May 24, 2022, an 18-year-old man from Uvalde, Texas walked into the Robb Elementary School carrying a semi-automatic "AR-15-style” rifle manufactured by Daniel Defense and killed 19 children and two adults. Three days later, Representative Carolyn Maloney...  View Details
      Keywords: Gun Violence; Gun Policy; Second Amendment; Legal Liability; Government Legislation; Marketing Strategy; Business or Company Management; Product Marketing; Ethics; Corporate Accountability; Corporate Social Responsibility and Impact; Moral Sensibility; Crime and Corruption; Governing Rules, Regulations, and Reforms; Manufacturing Industry; Advertising Industry; United States
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      Esty, Benjamin C., and Daniel Fisher. "Daniel Defense: Responding to the Shooting at the Robb Elementary School in Uvalde, TX." Harvard Business School Case 323-058, December 2022. (Revised February 2023.)
      • 2023
      • Working Paper

      Ethical Blindspots of Autonomous Products: The Case of Mental Health Crises on AI Companion Applications

      By: Julian De Freitas, Ahmet Kaan Uğuralp and Zeliha Uğuralp
      Some products do not merely automate some piece of our lives but act as consumer-facing autonomous agents. When these technologies are not yet perfected, what are their risks? Here we explore the case of ‘AI companion’ apps. Although these apps are designed...  View Details
      Keywords: Autonomy; Artificial Intelligence; Chatbots; New Technology; Brand Crises; Ethics; Mental Health; AI and Machine Learning; Well-being; Health; Applications and Software
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      De Freitas, Julian, Ahmet Kaan Uğuralp, and Zeliha Uğuralp. "Ethical Blindspots of Autonomous Products: The Case of Mental Health Crises on AI Companion Applications." Harvard Business School Working Paper, No. 23-011, August 2022. (Revised February 2023.)
      • Article

      To Drive Efforts...Don't Tiptoe Around Your Legal Risk

      By: Edward Chang and Bonnie Levine
      Many Diversity, Equity, and Inclusion (DEI) initiatives are scuttled because DEI leaders and legal teams feel themselves to be at odds over questions of acceptable risk. DEI leaders see lawyers as guardians of the status quo, whereas legal experts, trained to...  View Details
      Keywords: Diversity; Risk Management; Legal Liability
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      Chang, Edward, and Bonnie Levine. "To Drive Efforts...Don't Tiptoe Around Your Legal Risk." Harvard Business Review 100, no. 4 (July–August 2022): 74–81.
      • May 2022
      • Article

      When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants

      By: Alberto Galasso and Hong Luo
      Liability laws designed to compensate for harms caused by defective products may also affect innovation. We examine this issue by exploiting a major quasi-exogenous increase in liability risk faced by U.S. suppliers of polymers used to manufacture medical implants....  View Details
      Keywords: Product Liability; Innovation; Tort; Medical Devices; Vertical Foreclosure; Product; Innovation and Invention; Legal Liability; Laws and Statutes; Medical Devices and Supplies Industry
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      Galasso, Alberto, and Hong Luo. "When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants." American Economic Journal: Economic Policy 14, no. 2 (May 2022): 366–401.
      • April 2022
      • Article

      AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care

      By: Ariel Dora Stern, Avi Goldfarb, Timo Minssen and W. Nicholson Price II
      Despite enthusiasm about the potential to apply artificial intelligence (AI) to medicine and health care delivery, adoption remains tepid, even for the most compelling technologies. In this article, the authors focus on one set of challenges to AI adoption: those...  View Details
      Keywords: Artificial Intelligence; Medicine; Health Care and Treatment; Legal Liability; Insurance; Technology Adoption; AI and Machine Learning
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      Stern, Ariel Dora, Avi Goldfarb, Timo Minssen, and W. Nicholson Price II. "AI Insurance: How Liability Insurance Can Drive the Responsible Adoption of Artificial Intelligence in Health Care." NEJM Catalyst Innovations in Care Delivery 3, no. 4 (April 2022).
      • May 2021
      • Article

      Risk-Mitigating Technologies: The Case of Radiation Diagnostic Devices

      By: Alberto Galasso and Hong Luo
      We study the impact of consumers’ risk perception on firm innovation. Our analysis exploits a major surge in the perceived risk of radiation diagnostic devices following extensive media coverage of a set of over-radiation accidents involving CT scanners in late 2009....  View Details
      Keywords: Risk Perception; Innovation; Medical Devices; Liability Risk; Risk and Uncertainty; Perception; Technological Innovation
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      Galasso, Alberto, and Hong Luo. "Risk-Mitigating Technologies: The Case of Radiation Diagnostic Devices." Management Science 67, no. 5 (May 2021): 3022–3040.
      • April 2015
      • Article

      Incentivizing Calculated Risk-Taking: Evidence from an Experiment with Commercial Bank Loan Officers

      By: Shawn Cole, Martin Kanz and Leora Klapper
      This paper uses a series of experiments with commercial bank loan officers to test the effect of performance incentives on risk assessment and lending decisions. We first show that while high-powered incentives lead to greater screening effort and more profitable...  View Details
      Keywords: Banking; Management Processes; Credit Products; Experimental Economics; Risk Management; Motivation and Incentives; Management Practices and Processes; Financing and Loans; Banking Industry
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      Cole, Shawn, Martin Kanz, and Leora Klapper. "Incentivizing Calculated Risk-Taking: Evidence from an Experiment with Commercial Bank Loan Officers." Journal of Finance 70, no. 2 (April 2015): 537–575.
      • October 2014 (Revised March 2015)
      • Case

      Integrated Reporting at Aegon

      By: Robert G. Eccles, George Serafeim, Sydney Ribot and Michael Krzus
      In 2011, Aegon adopted integrated reporting—a corporate reporting approach that sought to present company performance in a holistic light by considering medium- to long-term issues, stakeholder opinions, and the relationship between material financial and nonfinancial...  View Details
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      Eccles, Robert G., George Serafeim, Sydney Ribot, and Michael Krzus. "Integrated Reporting at Aegon." Harvard Business School Case 315-011, October 2014. (Revised March 2015.)
      • 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.)
      • 2010
      • Working Paper

      Integrity: A Positive Model That Incorporates the Normative Phenomena of Morality, Ethics, and Legality Abridged

      By: Werner H. Erhard, Michael C. Jensen and Steve Zaffron
      We present a positive model of integrity that, as we distinguish and define integrity, provides powerful access to increased performance for individuals, groups, organizations, and societies. Our model reveals the causal link between integrity and increased...  View Details
      Keywords: Trust; Performance Productivity; Information Technology; Knowledge; Moral Sensibility; Opportunities; Competitive Advantage; Legal Liability; Cost vs Benefits
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      Erhard, Werner H., Michael C. Jensen, and Steve Zaffron. "Integrity: A Positive Model That Incorporates the Normative Phenomena of Morality, Ethics, and Legality Abridged." Harvard Business School Working Paper, No. 10-061, February 2010.
      • January 2009 (Revised October 2009)
      • Case

      GLOBALGAP: Food Safety and Private Standards

      By: David E. Bell and Mary Louise Shelman
      In response to new laws governing liability and several food safety scares in the 1990s, European retailers drove the creation of a universal production standard based on Good Agricultural Practices (GAP) for fresh fruit and vegetables and a third-party certification...  View Details
      Keywords: Agribusiness; Food; Governance Compliance; Governing Rules, Regulations, and Reforms; Business and Government Relations; Safety; Agriculture and Agribusiness Industry; Europe
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      Bell, David E., and Mary Louise Shelman. "GLOBALGAP: Food Safety and Private Standards." Harvard Business School Case 509-004, January 2009. (Revised October 2009.)
      • December 2007
      • Case

      Ruling the Modern Corporation: The Debate over Limited Liability in Massachusetts

      By: David A. Moss and Eugene Kintgen
      In 1830, Governor Levi Lincoln, Jr. urged the Massachusetts state legislature to introduce a limited liability regime for manufacturing corporations similar to that adopted in neighboring states. At least since 1809, shareholders in the state's manufacturing...  View Details
      Keywords: Capital; Debt Securities; Legal Liability; Production; Business and Shareholder Relations; Manufacturing Industry; Massachusetts
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      Moss, David A., and Eugene Kintgen. "Ruling the Modern Corporation: The Debate over Limited Liability in Massachusetts." Harvard Business School Case 708-016, December 2007.
      • June 2003 (Revised August 2003)
      • Case

      Pension Policy at The Boots Company PLC

      By: Luis M. Viceira and Akiko M. Mitsui
      In early 2000, the trustees of the pension scheme at Boots considered a proposal to move 100% of the pension assets into a bond portfolio, which would be passively managed. The Boots Co. PLC was a leading retailer of cosmetics and toiletries in the United Kingdom, and...  View Details
      Keywords: Performance Productivity; Employees; Asset Management; Capital Structure; Investment Portfolio; Consumer Products Industry; United Kingdom
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      Viceira, Luis M., and Akiko M. Mitsui. "Pension Policy at The Boots Company PLC." Harvard Business School Case 203-105, June 2003. (Revised August 2003.)
      • March 2001 (Revised April 2002)
      • Case

      Ginzel et al v. Kolcraft Enterprises et al (A)

      By: Michael A. Wheeler
      Examines the wrongful death lawsuit brought by the family of an infant who died after a portable crib collapsed. The manufacturer, Kolcraft, licensed the Playskool brand name from the co-defendant, Hasbro Industries. Raises difficult questions about what the two...  View Details
      Keywords: Safety; Product; Negotiation; Corporate Social Responsibility and Impact; Lawsuits and Litigation; Legal Liability; Brands and Branding; Consumer Products Industry; United States
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      Wheeler, Michael A. "Ginzel et al v. Kolcraft Enterprises et al (A)." Harvard Business School Case 801-059, March 2001. (Revised April 2002.)
      • May 1995
      • Background Note

      Note on Product Liability

      By: Willis M. Emmons III, Monica Brand and Greg Keller
      This note provides an overview to the evolution and current state of product liability law in the United States.  View Details
      Keywords: Goods and Commodities; Legal Liability; Safety; Product Marketing; Business Strategy; Policy; Government and Politics; United States
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      Emmons, Willis M., III, Monica Brand, and Greg Keller. "Note on Product Liability." Harvard Business School Background Note 795-049, May 1995.
      • 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.
      • March 1993 (Revised July 2008)
      • Case

      Liability Management at General Motors

      By: Peter Tufano
      An analyst at General Motors charged with managing the structure of the automaker's debt must decide whether and how to modify the interest rate exposure of the firm's most recent debt offering. The analyst must take into consideration GM's liability management policy...  View Details
      Keywords: Borrowing and Debt; Capital Structure; Financial Management; Interest Rates; Risk Management; Auto Industry; North America
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      Tufano, Peter. "Liability Management at General Motors." Harvard Business School Case 293-123, March 1993. (Revised July 2008.)
      • February 1979 (Revised December 1983)
      • Case

      Allied Chemical Corp. (A)

      By: George C. Lodge and Joseph L. Badaracco Jr.
      Describes Allied, the chemical industry, and the effects of the Kepone problem (a toxic pesticide dumped into the James River) as of 1976. The executive in the case must decide whether the company should support the passage of the Toxic Substances Control Act and an...  View Details
      Keywords: Pollutants; Corporate Social Responsibility and Impact; Decision Making; Laws and Statutes; Welfare; Legal Liability; Business and Government Relations; Chemical Industry
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      Lodge, George C., and Joseph L. Badaracco Jr. "Allied Chemical Corp. (A)." Harvard Business School Case 379-137, February 1979. (Revised December 1983.)
      • Forthcoming
      • Article

      Regulatory Limits to Risk Management

      By: Ishita Sen
      Variable annuities, the largest liability of U.S. life insurers, are investment products containing long-dated minimum return guarantees. I show that guarantees with similar economic risks are treated differently by regulation and these differences impact insurers’...  View Details
      Keywords: Interest Rate Risk; Variable Annuities; Capital Regulation; Reinsurance; Derivatives; Risk Management; Interest Rates; Governing Rules, Regulations, and Reforms
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      Sen, Ishita. "Regulatory Limits to Risk Management." Review of Financial Studies (forthcoming). (Pre-published online October 31, 2022.)
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