Harvard Business Law Review

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• High-End Securities Regulation (Update): William Clayton 18.11.2024 41Min.

  We interview William Clayton on the SEC’s private funds rulemaking and related litigation. Professor Clayton lays out his views on agency conflicts in the high-end private funds securities contracting market, discusses the Fifth Circuit’s recent decision in National Association of Private Fund Managers v. SEC (5th Cir. 2024), and offers some thoughts looking forward beyond the presidential election. A bit about William Clayton: William W. Clayton is Professor of Law at The J...
• Corporate Purpose: Leo Strine 17.09.2024 55Min.

  We interview Leo Strine on the purpose of the corporation, differentiating between shareholder primacy and stakeholder theory. We discuss ESG and the power of stockholders and workers. Leo Strine applies his perspective on corporate purpose to corporate acquisitions and lays out his hopes for the future of corporations. Some critical articles to learn more about the shareholder primacy vs stakeholder theory debate: Origins of the argument: - Merrick Dodd, For Whom Are Corporate Managers T...
• Leadership, Design Thinking & Legal Profession: Scott Westfahl 03.09.2024 58Min.

  We Interview Scott Westfahl on leadership and critical lessons that he learned from his father– a former captain on a nuclear submarine. Professor Westfahl then explains design thinking and how it helps and can be harnessed by teams. He then discusses the legal profession, education, and dealing with uncertainty. Professor Westfahl concludes by analyzing a proposed case in which a firm notices that high performing associates have behavioral issues. A bit about Scott Westfahl: Prof. ...
• Litigation & Advancing the Rule of Law: Judge Karen Green 15.04.2024 44Min.

  Judge Green begins by discussing white collar criminal litigation, internal investigations, and the challenges that corporations face in preventing their employees from committing fraud. She then discusses prosecutorial discretion and the impact that her practice had on her perspective as a judge. Judge Green then shares an exciting and complex case that she was involved with. The interview concludes with a discussion about advancing the rule of law. Judge Karen F. Green is an attorney...
• Negotiations: Sheila Heen 18.12.2023 48Min.

  We interview Sheila Heen on negotiation and difficult conversations. The talk includes practical advice, understanding the role of identity, discussions on the research behind "anchoring," analyzing a scenario, and more. A bit about Sheila Heen: Sheila Heen is the Thaddeus R. Beal Professor of Practice at Harvard Law School and serves as a Deputy Director of the Harvard Negotiation Project. Prof. Heen specializes in particularly difficult negotiations – where emotions run high and rel...
• Article Overview: "Banking on a Curve: How to Restore the Community Reinvestment Act" 25.10.2023 40Min.

  This episode is special and a bit different. Instead of interviewing a pioneer at the intersection of business and law more generally about their field of expertise, we have the opportunity to interview an incredible pioneer and professor about their recent article published with the Harvard Business Law Review. Specifically, I get to speak with Prof. Brian D. Feinstein about his article “Banking on a Curve: How to Restore the Community Reinvestment Act,” which he co-wrote with Prof. Peter Co...
• IP, Media, Entertainment & Technology: Alison Stein and Cayman Mitchell 04.10.2023 48Min.

  We interview Alison Stein and Cayman Mitchell on the intersection of intellectual property and media, entertainment, and technology. We begin with a brief overview of the key legal acts and statutes and the role of the attorney in the space. We then discuss common forms of piracy and the challenges and best practices for attorneys to protect and enforce IP. We continue by highlighting some of the biggest critiques of the governing statutes and different theories of property ownership in the m...
• Crypto Regulation: SEC Commissioner Hester Peirce 19.06.2023 27Min.

  We interview SEC Commissioner Hester Peirce on the regulation of cryptocurrency and digital asset exchanges. We begin by discussing the balance of powers that underlie the SEC’s ability to regulate and the interplay between regulation and freedom of speech. We then discuss the differences between centralized and decentralized digital assets and the impact that it may have on regulation. Comm. Peirce then challenges the SEC’s “regulation by enforcement” approach, discusses the definition of a ...
• Venture Capital: David Hornik 24.04.2023 51Min.

  We interview David Hornik on the intersection of venture capital and law. We discuss the role of the attorney in venture capital, the importance of early legal decision making, corporate governance and ESG, the power of giving, liberalizing the trading of private securities, and SPACs. A bit about David Hornik: David Hornik is an American venture capitalist, lawyer, educator, art collector, and philanthropist. David has an eclectic educational background. He received a BA from Stanford in C...