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In a five-year effort, the Health Industry Manufacturers Association (HIMA) tried to influence government health policy in Japan. In 1993, HIMA mobilized in response to fears the Japanese government was planning to target the U.S. medical devices industry. The case describes how HIMA leveraged outside pressure from the U.S. government to secure exemptions from new regulations, to push for improvements in the Japanese product-approvals process, and to avoid deep cuts in reimbursement prices for medical devices in Japan in 1994 and 1996. HIMA confronts new price-cutting pressures and realizes that its external pressure strategy was proving to be increasingly inadequate. A rewritten version of an earlier case.

Supplements the (A) case. A rewritten version of an earlier piece.

Certain key principles govern the landlord-tenant relationship in both commercial and residential settings. Because most property law is state specific, this note provides an overview of how many states would generally analyze a particular situation or relationship.

An insurance company claim manager is deciding how to negotiate a large liability claim and reviewing the company's approach to settling large claims. This case provides background on the claim and the 4-1/2-year history of negotiations to date. It also gives profiles of people who might be chosen to do the final negotiations. The case provides background that can be used to debate how to conclude negotiations, critique how large claims have been handled, and discuss how to manage them better in the future.

New technology underlies a protracted dispute between West Coast longshoremen and their employers. Severe economic consequences lead to government intervention in the dispute.

Supplements the (A) case.

Supplements the (A) case.

Known to Protestants as the "IRA Godfather of Godfathers" and to Catholics as a hero of the Irish Republican movement, Martin McGuinness is one of the most divisive figures in Northern Ireland. This case details McGuinness' meteoric rise through the ranks of the Irish Republican Army (IRA), his subsequent transition into electoral politics and, in the wake of the 1998 Good Friday Agreement, his appointment to the post of Education Minister for Northern Ireland. HKS Case Number 1742.0

Known to Protestants as the "IRA Godfather of Godfathers" and to Catholics as a hero of the Irish Republican movement, Martin McGuinness is one of the most divisive figures in Northern Ireland. This case details McGuinness' meteoric rise through the ranks of the Irish Republican Army (IRA), his subsequent transition into electoral politics and, in the wake of the 1998 Good Friday Agreement, his appointment to the post of Education Minister for Northern Ireland. HKS Case Number 1742.0

Deal making is glamorous; due diligence is not. That simple statement goes a long way toward explaining why so many companies have made so many acquisitions that have produced so little value. The momentum of a transaction is hard to resist once senior management has the target in its sights. Companies contract "deal fever," and due diligence all too often becomes an exercise in verifying the target's financial statements rather than conducting a fair analysis of the deal's strategic logic and the acquirer's ability to realize value from it. In a recent Bain & Co. survey of 250 international executives with M&A responsibilities, only 30% of them were satisfied with the rigor of their due diligence. And fully a third admitted they hadn't walked away from deals they had nagging doubts about. In this article, the authors, all Bain consultants, emphasize the importance of comprehensive due diligence practices and suggest ways companies can improve their capabilities in this area. They provide rich, real-world examples of companies that have had varying levels of success with their due diligence processes, including Safeway, Odeon, American Seafoods, and Kellogg's. Effective due diligence requires answering four basic questions: What are we really buying? What is the target's stand-alone value? Where are the synergies--and the skeletons? And what's our walk-away price? Each of these questions will prompt an even deeper level of querying that puts the broader, strategic rationale for acquisitions under a microscope.

The Agreement on Trade-Related Intellectual Property (TRIPS) at the World Trade Organization (WTO) was the most comprehensive and far-reaching international agreement on intellectual property rights ever made. Perhaps the most widely discussed TRIPS-related issue was the debate over the impact of the agreement on efforts to improve public health in the developing world. Some developing countries held that TRIPS patent rules prevented them from having access to essential medicines, concerns that were intensified by the dramatic rise in the incidence of HIV/AIDS. Nonprofits such as Doctors without Borders accused drug companies of putting "patents over people." Negotiations ensued at the WTO to address these concerns. HKS Case Number 1736.0

This case presents a simple model of the drivers of profitability in a professional service partnership and conducts an empirical exploration of the determinants of profitability among AmLaw 100 firms over the period 1994 to 1999.

Supplements the (A) case.

This case provides a definition of strategy, distinguishes between corporate and practice strategy, and discusses how and why developing and implementing strategy for professional service firms is different from developing and implementing strategy for commercial firms. The case discusses how practice strategy involves positioning the practice on a spectrum of services and aligning the organization and its professionals to the position. Practices are subjected continuously to forces that move their positioning. To be successful, practices must dynamically reposition or realign themselves. The csae concludes with a discussion of the corporate strategy challenges facing multipractice professional service firms.

Legal policy has a long history of protecting confidentiality of negotiations that are designed to produce settlement. However, within the past several decades there has been a significant push toward openness. Compelling arguments support confidentiality: It helps promote candid discussion when sensitive material is involved and may make settlements possible. On the other hand, ethical concern where public health and safety are involved has prompted some states to pass laws requiring the disclosure of settlement agreements or to revise their procedures governing confidentiality of discovery, protective orders, and sealing of litigation records. This case summarizes the legal and ethical debate. It identifies the major issues surrounding confidentiality in settlement negotiations and illustrates them with several examples.

This case discusses why society grants professional associations the rights of certification and self-regulation. In exercising these rights, professional associations serve client interests but also the interest of member practitioners. The case discusses how associations that place practitioner interest over client interest risk the separation of their profession. It concludes with a discussion of the relationship between professional associations and professional service firms.

Bakra Beverage is a two-party, nonscorable negotiation between a beverage manufacturer and a soft drink distributor over the terms of a potential distribution contract. BebsiCo is a multi-billion-dollar, multinational soft drink manufacturer interested in expanding its operations into the Middle Eastern country of Kumar. The distributor that was supposed to handle BebsiCo's new distribution campaign, Kabir Cola, decided suddenly last week to close its Kumari operations and focus on other Middle Eastern countries. BebsiCo is eager to sign a new distribution contract with the Kumar-based Bakra Beverage, a financially troubled but reputable soft drink distributor. Bakra wants this contract, which would put it back on the map, attract additional clients, and give the company confidence and certainty about its future. The simulation includes a range of possible criteria for determining the fee as well as numerous possibilities for value-creating options.

Bakra Beverage is a two-party, nonscorable negotiation between a beverage manufacturer and a soft drink distributor over the terms of a potential distribution contract. BebsiCo is a multibillion-dollar, multinational soft drink manufacturer interested in expanding its operations into the Middle Eastern country of Kumar. The distributor that was supposed to handle BebsiCo's new distribution campaign, Kabir Cola, decided suddenly last week to close its Kumari operations and focus on other Middle Eastern countries. BebsiCo is eager to sign a new distribution contract with the Kumar-based Bakra Beverage, a financially troubled but reputable soft drink distributor. Bakra wants this contract, which would put it back on the map, attract additional clients, and give the company confidence and certainty about its future. The simulation includes a range of possible criteria for determining the fee, as well as numerous possibilities for value-creating options.

Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities. Fresh Air, a new low-cost airline, is looking for a headquarters city. It is negotiating with the city of Boston, its top choice for a headquarters location, over an incentive package and airport facilities. Fresh Air plans to build on the brand reputation of its parent airline, which stands for innovation, fun, unparalleled customer service, and empowered employees. It believes that a unique corporate culture and happy customers will allow it to charge lower prices, to fill its planes, and to run profitable operations. Boston seeks to reinvent itself as a center of American business after years of business decline. The opening of a low-cost carrier would be an important part of this effort. However, in these tight fiscal times, Boston is limited financially.

Two-party or two-team, multi-issue, integrative/distributive negotiation between representatives of a new low-cost airline and a potential headquarters city over an incentives package and airport facilities. Fresh Air, a new low-cost airline, is looking for a headquarters city. It is negotiating with the city of Boston, its top choice for a headquarters location, over an incentive package and airport facilities. Fresh Air plans to build on the brand reputation of its parent airline, which stands for innovation, fun, unparalleled customer service, and empowered employees. It believes that a unique corporate culture and happy customers will allow it to charge lower prices, to fill its planes, and to run profitable operations. Boston seeks to reinvent itself as a center of American business after years of business decline. The opening of a low-cost carrier would be an important part of this effort. However, in these tight fiscal times, Boston is limited financially.