corporate law case study

Corporate Law

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Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code

The supreme court and the pro-business paradox.

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The (Indigenous) Case for Shareholder Primacy and its Role in Climate Justice

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Supreme Court Business Review: Significant Business Cases & Trends, 2019–2020 Terms

The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of opinions in these terms—though some may find some of the outcomes surprising. This term saw Justice Amy Coney Barrett join the Court, replacing the late Justice Ruth Bader Ginsburg, and it also saw continuing use of the shadow docket to shape the law.

At least three overall themes emerge. First: textualism. Justice Elena Kagan, eulogizing her friend Justice Antonin Scalia, remarked “[w]e are all textualists now.” Reading the Court’s majority and dissenting opinions in Bostock v. Clayton County , [1] this seems to be true. Although the Court’s 6-3 decision prompted vigorous dissents, all 9 justices adopted a purely textualist approach. Their disagreements turned instead on the type of textualism the Supreme Court should employ and how to apply it.

Regardless of the type of textualism, however, the high court’s trend seems to suggest much of our statutory interpretation courses of yore are obsolete. Bostock appears to focus narrowly on the bare language of a statute, almost without regard to historical context and common usage at the time of enactment. It is clear that accepting textualism does not eliminate disagreement.

This term also saw Judge Barrett’s textualism debut with her majority opinion in Van Buren v. United States . [2] The case, like Bostock , is a good example of how the justices may disagree even within the textualism world. The majority adopted a narrow reading of the Computer Fraud and Abuse Act of 1986, stating that the Act “covers those who obtain information from particular areas in the computer—such as files, folders, or databases—to which their computer access does not extend,” not those who have “improper motives for obtaining information that is otherwise available to them.” Justice Thomas dissented, joined by Chief Justice Roberts and Justice Alito, in a very literal sense over the implications of the word “so.” Justice Thomas, looking to text and history, wrote that the law prohibits a person from exceeding his or her scope of authority when using a computer that belongs to someone else.

In Nestlé USA, Inc. v. Doe I , [3] Justice Thomas did not hesitate to apply textualism when writing for the majority in this case involving the Alien Tort Act of 1789 (“ATS”). The ATS gives federal district courts jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” In Part III of his opinion, Justice Thomas (joined by Justices Gorsuch and Kavanaugh) proposed “that federal courts should not recognize private rights of action for violations of international law beyond the three historical torts [previously] identified,” because “creating a cause of action to enforce international law beyond [the] three historical torts invariably gives rise to foreign-policy concerns,” warranting deference to Congress. Note that this textualist analysis did look to history, context and usage.

Bostock , Van Buren , and Nestlé suggest that the Court’s focus on textualism is here to stay. What the implications are remains to be seen. Is it possible that the Court’s insistence on following the precise words of a statute will stimulate Congress to draft more carefully?

Second , separation and limitation of powers under the Constitution. This continues to be a paramount concern of the Court. Three business-related cases illustrate the Court’s ongoing focus on the importance of separation of powers and of constitutional limits on government.

In TransUnion LLC v. Ramirez , [4] Justice Kavanaugh’s majority opinion provided a detailed historical analysis of Article III standing requirements, and critically emphasized that while Congress can create causes of action for what it identifies as injuries, it is for the courts to decide whether an alleged injury satisfies Article III’s injury-in-fact requirement.

In United States v. Arthrex , [5] the Court grappled with the Appointments Clause in the context of administrative patent judges (“APJs”) of the Patent Trial and Appeal Board. It ultimately held that the unreviewable authority of the APJs takes them out of any executive review and, therefore, conflicts with the Appointments Clause’s purpose of preserving political accountability.

Cedar Point Nursery v. Hassid [6] upheld property rights as a limit on government action. The Court held that under the Fifth Amendment’s Takings Clause, California’s regulation that required property owners to allow labor organizations to access their property amounted to an appropriation of private property and, thus, a per se physical taking.

Third: procedure. Finally—like any other Court—the Supreme Court cares about procedure. As always, arbitration continues to be a hot topic for this Court. In GE Power v. Outokumpu , [7] the high court unanimously held the New York Convention does not preclude a nonsignatory’s enforcement of arbitration agreements under the doctrine of equitable estoppel.

In the 2020 return trip of Henry Schein v. Archer & White [8] to the Court, the case was argued only to have certiorari dismissed as improvidently granted, and sent back down to the Fifth Circuit. In the context of class actions, Goldman Sachs v. Arkansas Teacher Retirement System [9] clarified the standards for class certification under Rule 23 in the context of 10(b) securities fraud. The Court focused on the need for truly common questions of law and fact.

In addition to the cases under the headers of the three main themes, the Court also decided two significant intellectual property cases. Google v. Oracle [10] clarified how “fair use” concepts apply to application programming interfaces under copyright law. PTO v. Booking.com [11] held that the combination of a generic term (“booking”) with a top-level domain name (“.com”) can be protected as a trademark even if neither alone could be protected.

[1] 590 U.S. ___ (2020).

[2] 593 U.S. ___ (2021).

[3] 593 U.S. ___ (2021).

[4] 594 U.S. ___ (2021).

[5] 594 U.S. ___ (2021).

[6] 594 U.S. ___ (2021).

[7] 590 U.S. ___ (2020).

[8] 592 U.S. ___ (2021). See also 586 U.S. ___ (2019).

[9] 594 U.S. ___ (2021).

[10] 593 U.S. ___ (2021).

[11] 591 U.S. ___ (2020).

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• Contributors

The Business Case for Corporate Social Responsibility

Matteo Tonello is Director of Corporate Governance for The Conference Board, Inc. This post is based on a Conference Board Director Note by Archie B. Carroll and Kareem M. Shabana , and relates to a paper by these authors, titled “The Business Case for Corporate Social Responsibility: A Review of Concepts, Research and Practice,” published in the International Journal of Management Reviews .

In the last decade, in particular, empirical research has brought evidence of the measurable payoff of corporate social responsibility (CSR) initiatives to companies as well as their stakeholders. Companies have a variety of reasons for being attentive to CSR. This report documents some of the potential bottomline benefits: reducing cost and risk, gaining competitive advantage, developing and maintaining legitimacy and reputational capital, and achieving win-win outcomes through synergistic value creation.

The term “corporate social responsibility” is still widely used even though related concepts, such as sustainability, corporate citizenship, business ethics, stakeholder management, corporate responsibility, and corporate social performance, are vying to replace it. In different ways, these expressions refer to the ensemble of policies, practices, investments, and concrete results deployed and achieved by a business corporation in the pursuit of its stakeholders’ interests.

This report discusses the business case for CSR—that is, what justifies the allocation of resources by the business community to advance a certain socially responsible cause. The business case is concerned with the following question: what tangible benefits do business organizations reap from engaging in CSR initiatives? This report reviews the most notable research on the topic and provides practical examples of CSR initiatives that are also good for the business and its bottom line.

The Search for a Business Case: A Shift in Perspective

Business management scholars have been searching for a business case for CSR since the origins of the concept in the 1960s. [1]

An impetus for the research questions for this report was philosophical. It had to do with the long-standing divide between those who, like the late economist Milton Friedman, believed that the corporation should pursue only its shareholders’ economic interests and those who conceive the business organization as a nexus of relations involving a variety of stakeholders (employees, suppliers, customers, and the community where the company operates) without which durable shareholder value creation is impossible. If it could be demonstrated that businesses actually benefited financially from a CSR program designed to cultivate such a range of stakeholder relations, the thinking of the latter school went, then Friedman’s arguments would somewhat be neutralized.

Another impetus to research on the business case of CSR was more pragmatic. Even though CSR came about because of concerns about businesses’ detrimental impacts on society, the theme of making money by improving society has also always been in the minds of early thinkers and practitioners: with the passage of time and the increase in resources being dedicated to CSR pursuits, it was only natural that questions would begin to be raised about whether CSR was making economic sense.

Obviously, corporate boards, CEOs, CFOs, and upper echelon business executives care. They are the guardians of companies’ financial well-being and, ultimately, must bear responsibility for the impact of CSR on the bottom line. At multiple levels, executives need to justify that CSR is consistent with the firm’s strategies and that it is financially sustainable. [a]

However, other groups care as well. Shareholders are acutely concerned with financial performance and sensitive to possible threats to management’s priorities. Social activists care because it is in their long-term best interests if companies can sustain the types of social initiatives that they are advocating. Governmental bodies care because they desire to see whether companies can deliver social and environmental benefits more cost effectively than they can through regulatory approaches. [b] Consumers care as well, as they want to pass on a better world to their children, and many want their purchasing to reflect their values.

[a] K. O’Sullivan, “Virtue rewarded: companies are suddenly discovering the profit potential of social responsibility.” CFO , October 2006, pp. 47–52.

[b] Simon Zadek. Doing Good and Doing Well: Making the Business Case for Corporate Citizenship . New York: The Conference Board Research Report, 2000, 1282-00-RR.

The socially responsible investment movement Establishing a positive relationship between corporate social performance (CSP) and corporate financial performance (CFP) has been a long-standing pursuit of researchers. This endeavor has been described as a “30-year quest for an empirical relationship between a corporation’s social initiatives and its financial performance.” [2] One comprehensive review and assessment of studies exploring the CSP-CFP relationship concludes that there is a positive relationship between CSP and CFP. [3]

In response to this empirical evidence, in the last decade the investment community, in particular, has witnessed the growth of a cadre of socially responsible investment funds (SRI), whose dedicated investment strategy is focused on businesses with a solid track record of CSR-oriented initiatives. Today, the debate on the business case for CSR is clearly influenced by these new market trends: to raise capital, these players promote the belief of a strong correlation between social and financial performance. [4]

As the SRI movement becomes more influential, CSR theories are shifting away from an orientation on ethics (or altruistic rationale) and embracing a performance-driven orientation. In addition, analysis of the value generated by CSR has moved from the macro to the organizational level, where the effects of CSR on firm financial performance are directly experienced. [5]

The CSR of the 1960s and 1970s was motivated by social considerations, not economic ones. “While there was substantial peer pressure among corporations to become more philanthropic, no one claimed that such firms were likely to be more profitable than their less generous competitors.” In contrast, the essence of the new world of CSR is “doing good to do well.” [6]

CSR is evolving into a core business function, central to the firm’s overall strategy and vital to its success. [7] Specifically, CSR addresses the question: “can companies perform better financially by addressing both their core business operations as well as their responsibilities to the broader society?” [8]

One Business Case Just Won’t Do

There is no single CSR business case—no single rationalization for how CSR improves the bottom line. Over the years, researchers have developed many arguments. In general, these arguments can be grouped based on approach, topics addressed, and underlying assumptions about how value is created and defined. According to this categorization, CSR is a viable business choice as it is a tool to:

• implement cost and risk reductions;
• gain competitive advantage;
• develop corporate reputation and legitimacy; and
• seek win-win outcomes through synergistic value creation. [9]

Other widely accepted approaches substantiating the business case include focusing on the empirical research linking CSR with corporate social performance (CSP) and identifying values brought to different stakeholder groups that directly or indirectly benefit the company’s bottom lines.

Broad versus narrow views Some researchers have examined the integration of CSR considerations in the day-to-day business agenda of organizations. The “mainstreaming” of CSR follows from one of three rationales:

• the social values-led model, in which organizations adopt CSR initiatives regarding specific issues for non-economic reasons;
• the business-case model, in which CSR initiatives are primarily assessed in an economic manner and pursued only when there is a clear link to firm financial performance [10] ; and
• the syncretic stewardship model, which combines the social values-led and the business-case models.

The business case model and the syncretic models may be seen as two perspectives of the business case for CSR: one narrow and one broad. The business case model represents the narrow view: CSR is only recognized when there is a clear link to firm financial performance. The syncretic model is broad because it recognizes both direct and indirect relationships between CSR and firm financial performance. The advantage of the broad view is that it enables the firm to identify and exploit opportunities beyond the financial, opportunities that the narrow view would not be able to recognize or justify.

Another advantage of the broad view of the business case, which is illustrated by the syncretic model, is its recognition of the interdependence between business and society. [11]

The failure to recognize such interdependence in favor of pitting business against society leads to reducing the productivity of CSR initiatives. “The prevailing approaches to CSR are so fragmented and so disconnected from business and strategy as to obscure many of the greatest opportunities for companies to benefit society.” [12] The adoption of CSR practices, their integration with firm strategy, and their mainstreaming in the day-to-day business agenda should not be done in a generic manner. Rather, they should be pursued “in the way most appropriate to each firm’s strategy.” [13]

In support of the business case for CSR, the next sections of the report discuss examples of the effect of CSR on firm performance. The discussion is organized according to the framework referenced earlier, which identifies four categories of benefits that firms may attain from engaging in CSR activities. [14]

Reducing Costs and Risks

Cost and risk reduction justifications contend that engaging in certain CSR activities will reduce the firm’s inefficient capital expenditures and exposure to risks. “[T]he primary view is that the demands of stakeholders present potential threats to the viability of the organization, and that corporate economic interests are served by mitigating the threats through a threshold level of social or environmental performance.” [15]

Equal employment opportunity policies and practices CSR activities in the form of equal employment opportunity (EEO) policies and practices enhance long-term shareholder value by reducing costs and risks. The argument is that explicit EEO statements are necessary to illustrate an inclusive policy that reduces employee turnover through improving morale. [16] This argument is consistent with those who observe that “[l]ack of diversity may cause higher turnover and absenteeism from disgruntled employees.” [17]

Energy-saving and other environmentally sound production practices Cost and risk reduction may also be achieved through CSR activities directed at the natural environment. Empirical research shows that being environmentally proactive results in cost and risk reduction. Specifically, data shows hat “being proactive on environmental issues can lower the costs of complying with present and future environmental regulations … [and] … enhance firm efficiencies and drive down operating costs.” [18]

Community relations management Finally, CSR activities directed at managing community relations may also result in cost and risk reductions. [19] For example, building positive community relationships may contribute to the firm’s attaining tax advantages offered by city and county governments to further local investments. In addition, positive community relationships decrease the number of regulations imposed on the firm because the firm is perceived as a sanctioned member of society.

Cost and risk reduction arguments for CSR have been gaining wide acceptance among managers and executives. In a survey of business executives by PricewaterhouseCoopers, 73 percent of the respondents indicated that “cost savings” was one of the top three reasons companies are becoming more socially responsible. [20]

Gaining Competitive Advantage

As used in this section of the report, the term “competitive advantage” is best understood in the context of a differentiation strategy; in other words, the focus is on how firms may use CSR practices to set themselves apart from their competitors. The previous section, which focused on cost and risk reduction, illustrated how CSR practices may be thought of in terms of building a competitive advantage through a cost management strategy. “Competitive advantages” was cited as one of the top two justifications for CSR in a survey of business executives reported in a Fortune survey. [21] In this context, stakeholder demands are seen as opportunities rather than constraints. Firms strategically manage their resources to meet these demands and exploit the opportunities associated with them for the benefit of the firm. [22] This approach to CSR requires firms to integrate their social responsibility initiatives with their broader business strategies.

Reducing costs and risks • Equal employment opportunity policies and practices • Energy-saving and other environmentally sound production practices • Community relations management

Gaining competitive advantage • EEO policies • Customer relations program • Corporate philanthropy

Developing reputation and legitimacy • Corporate philanthropy • Corporate disclosure and transparency practices

Seeking win-win outcomes through synergistic value creation • Charitable giving to education • Stakeholder engagement

EEO policies Companies that build their competitive advantage through unique CSR strategies may have a superior advantage, as the uniqueness of their CSR strategies may serve as a basis for setting the firm apart from its competitors. [23] For example, an explicit statement of EEO policies would have additional benefits to the cost and risk reduction discussed earlier in this report. Such policies would provide the firm with a competitive advantage because “[c]ompanies without inclusive policies may be at a competitive disadvantage in recruiting and retaining employees from the widest talent pool.” [24]

Customer and investor relations programs CSR initiatives can contribute to strengthening a firm’s competitive advantage, its brand loyalty, and its consumer patronage. CSR initiatives also have a positive impact on attracting investment. Many institutional investors “avoid companies or industries that violate their organizational mission, values, or principles… [They also] seek companies with good records on employee relations, environmental stewardship, community involvement, and corporate governance.” [25]

Corporate philanthropy Companies may align their philanthropic activities with their capabilities and core competencies. “In so doing, they avoid distractions from the core business, enhance the efficiency of their charitable activities and assure unique value creation for the beneficiaries.” [26] For example, McKinsey & Co. offers free consulting services to nonprofit organizations in social, cultural, and educational fields. Beneficiaries include public art galleries, colleges, and charitable institutions. [27] Home Depot Inc. provided rebuilding knowhow to the communities victimized by Hurricane Katrina. Strategic philanthropy helps companies gain a competitive advantage and in turn boosts its bottom line. [28]

CSR initiatives enhance a firm’s competitive advantage to the extent that they influence the decisions of the firm’s stakeholders in its favor. Stakeholders may prefer a firm over its competitors specifically due to the firm’s engagement in such CSR initiatives.

Developing Reputation and Legitimacy

Companies may also justify their CSR initiatives on the basis of creating, defending, and sustaining their legitimacy and strong reputations. A business is perceived as legitimate when its activities are congruent with the goals and values of the society in which the business operates. In other words, a business is perceived as legitimate when it fulfills its social responsibilities. [29]

As firms demonstrate their ability to fit in with the communities and cultures in which they operate, they are able to build mutually beneficial relationships with stakeholders. Firms “focus on value creation by leveraging gains in reputation and legitimacy made through aligning stakeholder interests.” [30] Strong reputation and legitimacy sanction the firm to operate in society. CSR activities enhance the ability of a firm to be seen as legitimate in the eyes of consumers, investors, and employees. Time and again, consumers, employees, and investors have shown a distinct preference for companies that take their social responsibilities seriously. A Center for Corporate Citizenship study found that 66 percent of executives thought their social responsibility strategies resulted in improving corporate reputation and saw this as a business benefit. [31]

Corporate philanthropy Corporate philanthropy may be a tool of legitimization. Firms that have negative social performance in the areas of environmental issues and product safety use charitable contributions as a means for building their legitimacy. [32]

Corporate disclosure and transparency practices Corporations have also enhanced their legitimacy and reputation through the disclosure of information regarding their performance on different social and environmental issues, sometimes referred to as sustainability reporting. Corporate social reporting refers to stand-alone reports that provide information regarding a company’s economic, environmental, and social performance. The practice of corporate social reporting has been encouraged by the launch of the Global Reporting Initiative (GRI) in 1997-1998 and the introduction of the United Nations Global Compact in 1999. Through social reporting, firms can document that their operations are consistent with social norms and expectations, and, therefore, are perceived as legitimate.

Seeking Win-Win Outcomes through Synergistic Value Creation

Synergistic value creation arguments focus on exploiting opportunities that reconcile differing stakeholder demands. Firms do this by “connecting stakeholder interests, and creating pluralistic definitions of value for multiple stakeholders simultaneously.” [33] In other words, with a cause big enough, they can unite many potential interest groups.

Charitable giving to education When companies get the “where” and the “how” right, philanthropic activities and competitive advantage become mutually reinforcing and create a virtuous circle. Corporate philanthropy may be used to influence the competitive context of an organization, which allows the organization to improve its competitiveness and at the same time fulfill the needs of some of its stakeholders. For example, in the long run, charitable giving to education improves the quality of human resources available to the firm. Similarly, charitable contributions to community causes eventually result in the creation and preservation of a higher quality of life, which may sustain “sophisticated and demanding local customers.” [34]

The notion of creating win-win outcomes through CSR activities has been raised before. Management expert Peter Drucker argues that “the proper ‘social responsibility’ of business is to … turn a social problem into economic opportunity and economic benefit, into productive capacity, into human competence, into well-paid jobs, and into wealth.” [35] It has been argued that, “it will not be too long before we can begin to assert that the business of business is the creation of sustainable value— economic, social and ecological.” [36]

An example: the win-win perspective adopted by the life sciences firm Novo Group allowed it to pursue its business “[which] is deeply involved in genetic modification and yet maintains highly interactive and constructive relationships with stakeholders and publishes a highly rated environmental and social report each year.” [37]

Stakeholder engagement The win-win perspective on CSR practices aims to satisfy stakeholders’ demands while allowing the firm to pursue financial success. By engaging its stakeholders and satisfying their demands, the firm finds opportunities for profit with the consent and support of its stakeholder environment.

The business case for corporate social responsibility can be made. While it is valuable for a company to engage in CSR for altruistic and ethical justifications, the highly competitive business world in which we live requires that, in allocating resources to socially responsible initiatives, firms continue to consider their own business needs.

In the last decade, in particular, empirical research has brought evidence of the measurable payoff of CSR initiatives on firms as well as their stakeholders. Firms have a variety of reasons for being CSR-attentive. But beyond the many bottom-line benefits outlined here, businesses that adopt CSR practices also benefit our society at large.

[1] See Edward Freeman, Strategic Management: a Stakeholder Approach , 1984, which traces the roots of CSR to the 1960s and 1970s, when many multinationals were formed. (go back)

[2] J. D. Margolis and Walsh, J.P. “Misery loves companies: social initiatives by business.” Administrative Science Quarterly , 48, 2003, pp. 268–305. (go back)

[3] J. F. Mahon and Griffin, J .J. “Painting a portrait: a reply.” Business and Society , 38, 1999, 126–133. (go back)

[4] See, for an overview, Stephen Gates, Jon Lukomnik, and David Pitt- Watson, The New Capitalists: How Citizen Investors Are Reshaping The Business Agenda , Harvard Business School Press, 2006. (go back)

[5] M.P. Lee, “A review of the theories of corporate social responsibility: its evolutionary path and the road ahead”. International Journal of Management Reviews , 10, 2008, 53–73. (go back)

[6] D.J. Vogel, “Is there a market for virtue? The business case for corporate social responsibility.” California Management Review , 47, 2005, pp. 19–45. (go back)

[7] Ibid. (go back)

[8] Elizabeth Kurucz; Colbert, Barry; and Wheeler, David “The Business Case for Corporate Social Responsibility.” Chapter 4 in Crane, A.; McWilliams, A.; Matten, D.; Moon, J. and Siegel, D. The Oxford Handbook of Corporate Social Responsibility. Oxford: Oxford University Press, 2008, 83-112 (go back)

[9] Kurucz, Colbert, and Wheeler , 85-92. (go back)

[10] Berger,I.E., Cunningham, P. and Drumwright, M.E. “Mainstreaming corporate and social responsibility: developing markets for virtue,” California Management Review , 49, 2007, 132-157. (go back)

[11] Ibid. (go back)

[12] M.E. Porter and Kramer, M.R. “Strategy & society: the link between competitive advantage and corporate social responsibility.” Harvard Business Review , 84, 2006,pp. 78–92. (go back)

[13] Ibid. (go back)

[14] Kurucz, Colbert, and Wheeler, 85-92. (go back)

[15] Ibid., 88. (go back)

[16] T. Smith, “Institutional and social investors find common ground. Journal of Investing , 14, 2005, 57–65. (go back)

[17] S. L. Berman, Wicks, A.C., Kotha, S. and Jones, T.M. “Does stakeholder orientation matter? The relationship between stakeholder management models and firm financial performance.” Academy of Management Journal , 42, 1999, 490. (go back)

[18] Ibid. (go back)

[19] Ibid. (go back)

[20] Top 10 Reasons, PricewaterhouseCoopers 2002 Sustainability Survey Report, reported in “Corporate America’s Social Conscience,” Fortune , May 26, 2003, 58. (go back)

[21] Top 10 Reasons . (go back)

[22] Kurucz, Colbert, and Wheeler (go back)

[23] N. Smith, 2003, 67. (go back)

[24] T. Smith, 2005, 60. (go back)

[25] Ibid., 64. (go back)

[26] Heike Bruch and Walter, Frank (2005). “The Keys to Rethinking Corporate Philanthropy.” MIT Sloan Management Review , 47(1): 48-56 (go back)

[27] Ibid., 50. (go back)

[28] Bruce Seifert, Morris, Sara A.; and Bartkus, Barbara R. (2003). “Comparing Big Givers and Small Givers: Financial Correlates of Corporate Philanthropy.” Journal of Business Ethics , 45(3): 195-211. (go back)

[29] Archie B. Carroll and Ann K. Buchholtz, Business and Society: Ethics, Sustainability and Stakeholder Management , 8th Edition, Mason, OH: South-Western Cengage Learning, 2012, 305. (go back)

[30] Kurucz, Colbert, and Wheeler, 90. (go back)

[31] “Managing Corporate Citizenship as a Business Strategy,” Boston: Center for Corporate Citizenship, 2010. (go back)

[32] Jennifer C. Chen, Dennis M.; & Roberts, Robin. “Corporate Charitable Contributions: A Corporate Social Performance or Legitimacy Strategy?” Journal of Business Ethics , 2008, 131-144. (go back)

[33] Kurucz, Colbert, and Wheeler , 91. (go back)

[34] Porter and Kramer, 60-65. (go back)

[35] Peter F. Drucker, “The New Meaning of Corporate Social Responsibility.” California Management Review , 1984, 26: 53-63 (go back)

[36] C. Wheeler, B. Colbert, and R. E. Freeman. “Focusing on Value: Reconciling Corporate Social Responsibility, Sustainability and a Stakeholder Approach in a Network World.” Journal of General Management , (28)3, 2003, 1-28. (go back)

[37] Ibid. (go back)

Nice blog. CSR has become something very important to all the corporate houses today. However, with the rising growth of CSR activities. It is very important to have an effective software that helps to keep a track of the entire exercise.

Interesting article! Perhaps nice to give Mr. Stephen ‘Gates’ his real name back? After all “The New Capitalists: How Citizen Investors Are Reshaping The Business Agenda” was written by Stephen DAVIS. I think he would like the recognition ;)

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How Do Great Leaders Overcome Adversity?

In the spring of 2021, Raymond Jefferson (MBA 2000) applied for a job in President Joseph Biden’s administration. Ten years earlier, false allegations were used to force him to resign from his prior US government position as assistant secretary of labor for veterans’ employment and training in the Department of Labor. Two employees had accused him of ethical violations in hiring and procurement decisions, including pressuring subordinates into extending contracts to his alleged personal associates. The Deputy Secretary of Labor gave Jefferson four hours to resign or be terminated. Jefferson filed a federal lawsuit against the US government to clear his name, which he pursued for eight years at the expense of his entire life savings. Why, after such a traumatic and debilitating experience, would Jefferson want to pursue a career in government again? Harvard Business School Senior Lecturer Anthony Mayo explores Jefferson’s personal and professional journey from upstate New York to West Point to the Obama administration, how he faced adversity at several junctures in his life, and how resilience and vulnerability shaped his leadership style in the case, "Raymond Jefferson: Trial by Fire."

• 27 Feb 2024
• Research & Ideas

Why Companies Should Share Their DEI Data (Even When It’s Unflattering)

Companies that make their workforce demographics public earn consumer goodwill, even if the numbers show limited progress on diversity, says research by Ryan Buell, Maya Balakrishnan, and Jimin Nam. How can brands make transparency a differentiator?

• 22 Feb 2024

How to Make AI 'Forget' All the Private Data It Shouldn't Have

When companies use machine learning models, they may run the risk of inadvertently sharing sensitive and private data. Seth Neel explains why it’s important to understand how to wipe AI’s spongelike memory clean.

• 10 Oct 2023

In Empowering Black Voters, Did a Landmark Law Stir White Angst?

The Voting Rights Act dramatically increased Black participation in US elections—until worried white Americans mobilized in response. Research by Marco Tabellini illustrates the power of a political backlash.

• 26 Sep 2023

The PGA Tour and LIV Golf Merger: Competition vs. Cooperation

On June 9, 2022, the first LIV Golf event teed off outside of London. The new tour offered players larger prizes, more flexibility, and ambitions to attract new fans to the sport. Immediately following the official start of that tournament, the PGA Tour announced that all 17 PGA Tour players participating in the LIV Golf event were suspended and ineligible to compete in PGA Tour events. Tensions between the two golf entities continued to rise, as more players “defected” to LIV. Eventually LIV Golf filed an antitrust lawsuit accusing the PGA Tour of anticompetitive practices, and the Department of Justice launched an investigation. Then, in a dramatic turn of events, LIV Golf and the PGA Tour announced that they were merging. Harvard Business School assistant professor Alexander MacKay discusses the competitive, antitrust, and regulatory issues at stake and whether or not the PGA Tour took the right actions in response to LIV Golf’s entry in his case, “LIV Golf.”

• 06 Jun 2023

The Opioid Crisis, CEO Pay, and Shareholder Activism

In 2020, AmerisourceBergen Corporation, a Fortune 50 company in the drug distribution industry, agreed to settle thousands of lawsuits filed nationwide against the company for its opioid distribution practices, which critics alleged had contributed to the opioid crisis in the US. The $6.6 billion global settlement caused a net loss larger than the cumulative net income earned during the tenure of the company’s CEO, which began in 2011. In addition, AmerisourceBergen’s legal and financial troubles were accompanied by shareholder demands aimed at driving corporate governance changes in companies in the opioid supply chain. Determined to hold the company’s leadership accountable, the shareholders launched a campaign in early 2021 to reject the pay packages of executives. Should the board reduce the executives’ pay, as of means of improving accountability? Or does punishing the AmerisourceBergen executives for paying the settlement ignore the larger issue of a business’s responsibility to society? Harvard Business School professor Suraj Srinivasan discusses executive compensation and shareholder activism in the context of the US opioid crisis in his case, “The Opioid Settlement and Controversy Over CEO Pay at AmerisourceBergen.”

• 17 Jan 2023

Good Companies Commit Crimes, But Great Leaders Can Prevent Them

It's time for leaders to go beyond "check the box" compliance programs. Through corporate cases involving Walmart, Wells Fargo, and others, Eugene Soltes explores the thorny legal issues executives today must navigate in his book Corporate Criminal Investigations and Prosecutions.

• 29 Nov 2022

How Will Gamers and Investors Respond to Microsoft’s Acquisition of Activision Blizzard?

In January 2022, Microsoft announced its acquisition of the video game company Activision Blizzard for $68.7 billion. The deal would make Microsoft the world’s third largest video game company, but it also exposes the company to several risks. First, the all-cash deal would require Microsoft to use a large portion of its cash reserves. Second, the acquisition was announced as Activision Blizzard faced gender pay disparity and sexual harassment allegations. That opened Microsoft up to potential reputational damage, employee turnover, and lost sales. Do the potential benefits of the acquisition outweigh the risks for Microsoft and its shareholders? Harvard Business School associate professor Joseph Pacelli discusses the ongoing controversies around the merger and how gamers and investors have responded in the case, “Call of Fiduciary Duty: Microsoft Acquires Activision Blizzard.”

• 28 Apr 2022

Can You Buy Creativity in the Gig Economy?

It's possible, but creators need more of a stake. A study by Feng Zhu of 10,000 novels in the Chinese e-book market reveals how tying pay to performance can lead to new ideas.

• 04 Jan 2022
• What Do You Think?

Firing McDonald’s Easterbrook: What Could the Board Have Done Differently?

Letting a senior leader go is one of the biggest—and most fraught—decisions for a corporate board. Consider the recent CEO scandal and legal wrangling at McDonald's, says James Heskett. Open for comment; 0 Comments.

• 20 Sep 2021

How Much Is Freedom Worth? For Gig Workers, a Lot.

In the booming gig economy, does the ability to set your schedule outweigh having sick leave and overtime? Felix Oberholzer-Gee and Laura Katsnelson turn to DoorDash drivers to find out. Open for comment; 0 Comments.

• 17 Sep 2021

The Trial of Elizabeth Holmes: Visionary, Criminal, or Both?

Eugene Soltes explains why the fraud case against the Theranos cofounder isn't as simple as it seems, and why a conviction probably wouldn't deter unethical behavior from others. Open for comment; 0 Comments.

• 23 Aug 2021

Why White-Collar Crime Spiked in America After 9/11

The FBI shifted agents and other budget resources toward fighting terrorism in certain parts of the country, and financial fraud and insider trading ran rampant, according to research by Trung Nguyen. Open for comment; 0 Comments.

• 23 Feb 2021

Examining Race and Mass Incarceration in the United States

The late 20th century saw dramatic growth in incarceration rates in the United States. Of the more than 2.3 million people in US prisons, jails, and detention centers in 2020, 60 percent were Black or Latinx. Harvard Business School assistant professor Reshmaan Hussam probes the assumptions underlying the current prison system, with its huge racial disparities, and considers what could be done to address the crisis of the American criminal justice system in her case, “Race and Mass Incarceration in the United States.” Open for comment; 0 Comments.

• 19 Oct 2020
• Working Paper Summaries

Bankruptcy and the COVID-19 Crisis

Analyzing the impact of the COVID-19 crisis on bankruptcy filing rates in the United States, this study finds that large businesses, small businesses, and consumers experience very different effects of the crisis.

• 12 Aug 2020

Why Investors Often Lose When They Sue Their Financial Adviser

Forty percent of American investors rely on financial advisers, but the COVID-19 market rollercoaster may have highlighted a weakness when disputes arise. The system favors the financial industry, says Mark Egan. Open for comment; 0 Comments.

• 26 Jun 2020

Weak Credit Covenants

Prior to the 2020 pandemic, the leveraged loan market experienced an unprecedented boom, which came hand in hand with significant changes in contracting terms. This study presents large-sample evidence of what constitutes contractual weakness from the creditors’ perspective.

• 23 Mar 2020

Product Disasters Can Be Fertile Ground for Innovation

Rather than chilling innovation, product accidents may provide companies an unexpected opportunity to develop new technologies desired by consumers, according to Hong Luo and Alberto Galasso. Open for comment; 0 Comments.

• 01 Nov 2019

Should Non-Compete Clauses Be Abolished?

SUMMING UP: Non-compete clauses need to be rewritten, especially when they are applied to lower-income workers, respond James Heskett's readers. Open for comment; 0 Comments.

• 28 May 2019

Investor Lawsuits Against Auditors Are Falling, and That's Bad News for Capital Markets

It's becoming more difficult for investors to sue corporate auditors. The result? A weakening of trust in US capital markets, says Suraj Srinivasan. Open for comment; 0 Comments.

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The Case Study Teaching Method

It is easy to get confused between the case study method and the case method , particularly as it applies to legal education. The case method in legal education was invented by Christopher Columbus Langdell, Dean of Harvard Law School from 1870 to 1895. Langdell conceived of a way to systematize and simplify legal education by focusing on previous case law that furthered principles or doctrines. To that end, Langdell wrote the first casebook, entitled A Selection of Cases on the Law of Contracts , a collection of settled cases that would illuminate the current state of contract law. Students read the cases and came prepared to analyze them during Socratic question-and-answer sessions in class.

The Harvard Business School case study approach grew out of the Langdellian method. But instead of using established case law, business professors chose real-life examples from the business world to highlight and analyze business principles. HBS-style case studies typically consist of a short narrative (less than 25 pages), told from the point of view of a manager or business leader embroiled in a dilemma. Case studies provide readers with an overview of the main issue; background on the institution, industry, and individuals involved; and the events that led to the problem or decision at hand. Cases are based on interviews or public sources; sometimes, case studies are disguised versions of actual events or composites based on the faculty authors’ experience and knowledge of the subject. Cases are used to illustrate a particular set of learning objectives; as in real life, rarely are there precise answers to the dilemma at hand.

Our suite of free materials offers a great introduction to the case study method. We also offer review copies of our products free of charge to educators and staff at degree-granting institutions.

For more information on the case study teaching method, see:

• Martha Minow and Todd Rakoff: A Case for Another Case Method
• HLS Case Studies Blog: Legal Education’s 9 Big Ideas
• Teaching Units: Problem Solving , Advanced Problem Solving , Skills , Decision Making and Leadership , Professional Development for Law Firms , Professional Development for In-House Counsel
• Educator Community: Tips for Teachers

Watch this informative video about the Problem-Solving Workshop:

<< Previous: About Harvard Law School Case Studies | Next: Downloading Case Studies >>

Commercial Law

Case Studies in a Business Context

• © 1988
• Desmond Painter 0

Dorset Institute of Higher Education, UK

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Introduction

Introduction: “Run Legal as a Business!”

The Use of Casuistry to Humanize Business

• business law

Case Studies

• commercial law

Table of contents (6 chapters)

Front matter, introduction summary of case-study contents summary of legal topics.

Desmond Painter

Summary of Case-study Contents

Summary of legal topics, introduction to the notes, notes on each case study, authors and affiliations, bibliographic information.

Book Title : Commercial Law

Book Subtitle : Case Studies in a Business Context

Authors : Desmond Painter

DOI : https://doi.org/10.1007/978-1-349-09263-5

Publisher : Palgrave Macmillan London

eBook Packages : Palgrave Political & Intern. Studies Collection , Political Science and International Studies (R0)

Copyright Information : Desmond Painter 1988

Softcover ISBN : 978-0-333-43466-6 Published: 18 June 1988

eBook ISBN : 978-1-349-09263-5 Published: 18 June 1988

Edition Number : 1

Number of Pages : X, 154

Topics : Commercial Law , Business and Management, general

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The Organizational Apology

• Maurice E. Schweitzer
• Alison Wood Brooks
• Adam D. Galinsky
• From the September 2015 Issue

The Unintended Consequences of Good Ideas

• Charles Handy
• From the October 2012 Issue

The Debate Over How to Classify Gig Workers Is Missing the Bigger Picture

• July 24, 2019

How India Plans to Protect Consumer Data

• Vijay Govindarajan
• Anup Srivastava
• Luminita Enache
• December 18, 2019

Alternative Dispute Resolution: Why It Doesn't Work and Why It Does

• Todd B. Carver
• Albert A. Vondra
• From the May–June 1994 Issue

How Banks Can Avoid a Repeat of the 2008 Foreclosure Crisis

• Michael Olenick
• July 09, 2020

How China Reset Its Global Acquisition Agenda

• Peter J. Williamson
• Anand P. Raman
• From the April 2011 Issue

Beating Microsoft at Its Own Game

• J. Bradford Delong
• A. Michael Froomkin
• From the January–February 2000 Issue

With Big Data Comes Big Responsibility

• Alex "Sandy" Pentland
• Scott Berinato
• From the November 2014 Issue

Future-Proof Your Climate Strategy

• Joseph E. Aldy
• Gianfranco Gianfrate
• From the May–June 2019 Issue

Spontaneous Deregulation

• Benjamin Edelman
• Damien Geradin
• From the April 2016 Issue

The FTC's Noncompete Ban Was Long Overdue

• May 06, 2024

Engage People with Disabilities

• Maysoon Zayid
• February 22, 2021

When Attending Industry Events, Avoid These Legal Risks

• Caroline Stokes
• Richard Bistrong
• March 26, 2024

A Question of Color: A Debate on Race in the U.S. Workplace

• David A. Thomas
• Suzy Wetlaufer
• From the September–October 1997 Issue

Companies Need to Pay More Attention to Everyday Unethical Behavior

• Yuval Feldman
• March 01, 2019

When No News Is Good News

• Bronwyn Fryer
• From the April 2001 Issue

Negotiating Without a Net: A Conversation with the NYPD’s Dominick J. Misino

• Diane Coutu
• From the October 2002 Issue

Research: Why Corporate Fraud Reports are Down

• Cynthia Courtois
• Yves Gendron
• July 01, 2020

When an Executive Defects (Commentary on HBR Case Study)

• Anurag Sharma
• Idalene F. Kesner
• Kenneth L. Coleman
• Stephen A. Greyser
• Hal Burlingame
• Robert Galford
• Gregory S. Rubin
• January 01, 1997

Creating the First Public Law Firm: The IPO of Slater & Gordon Limited

• Benjamin C. Esty
• E. Scott Mayfield
• October 17, 2012

Guth v. Loft: Synopsis

• Lynn Sharp Paine
• Christopher M. Bruner
• July 07, 2005

Ann Hopkins (A)

• Joseph L. Badaracco Jr.
• Ilyse Barkan
• February 20, 1991

Debating the Expropriation of Mexican Oil

• Geoffrey G. Jones
• R. Daniel Wadhwani
• August 25, 2004

Santa Elena: Table Grape Production in Chile's Water-Challenged Regions

• Forest L. Reinhardt
• Jenyfeer Martinez Buitrago
• Mariana Cal
• December 08, 2023

Uber Comes to Boston

• Jose Gomez-Ibanez
• August 17, 2018

A "Compelling and Pre-emptive" Offer for the Valspar Corporation

• Mark Simonson
• November 17, 2016

Note on Trusts

• Henry B. Reiling
• August 20, 1982

Note on Industry Self-Regulation and U.S. Antitrust Laws

• Michael A. Santoro
• May 03, 1995

Ben Fiorentino: Selling the Family Business

• Michael D. Watkins
• December 03, 2001

Fresh to Table

• Gautam Mukunda
• Brooks C. Holtom
• May 26, 2017

Climate Change: What's Your Business Strategy?

• Andrew J. Hoffman
• John G. Woody
• May 01, 2008

Colbun--Powering Chile

• Gustavo A. Herrero
• Sanjay Patnaik
• June 03, 2009

Customer Data and Privacy: Tools for Preparing Your Team for the Future

• Harvard Business Review
• Timothy Morey
• Andrew Burt
• Christine Moorman
• Thomas C. Redman
• October 07, 2020

Executive Pay and the Credit Crisis of 2008 (B)

• V.G. Narayanan
• July 16, 2009

Luna Pen (B)

• Michael A. Wheeler
• Kathleen L. McGinn
• November 15, 1995

Term Sheet Negotiations for Trendsetter, Inc.

• Walter Kuemmerle
• William J. Coughlin
• January 25, 2001

Gene Patents (A)

• Richard G. Hamermesh
• David Kiron
• Phillip Andrews
• June 07, 2011

When Competition Isn't Enough: Rural Health in Southwest Virginia (A)

• G. Paul Matherne
• Rebecca Goldberg
• Peggy Bermel
• Brennan Fox
• Kevin Minogue
• Ryan Oberleitner
• Charlie Punches
• Caroline Rose
• September 06, 2019

Clifford Chance: Women at Work

• Boris Groysberg
• Katherine Connolly
• Stephanie Marton
• March 09, 2015

Dow's Bid for Rohm & Haas, Spreadsheet Supplement

• November 16, 2010

Managing Corporate Crisis in China: Sentiment, Reason, and Law

• Zhilin Yang
• March 15, 2015

Compensation for Loss

• Scott D. Gilbert
• June 25, 2020

Popular Topics

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Top 40 Most Popular Case Studies of 2021

Two cases about Hertz claimed top spots in 2021's Top 40 Most Popular Case Studies

Two cases on the uses of debt and equity at Hertz claimed top spots in the CRDT’s (Case Research and Development Team) 2021 top 40 review of cases.

Hertz (A) took the top spot. The case details the financial structure of the rental car company through the end of 2019. Hertz (B), which ranked third in CRDT’s list, describes the company’s struggles during the early part of the COVID pandemic and its eventual need to enter Chapter 11 bankruptcy. 

The success of the Hertz cases was unprecedented for the top 40 list. Usually, cases take a number of years to gain popularity, but the Hertz cases claimed top spots in their first year of release. Hertz (A) also became the first ‘cooked’ case to top the annual review, as all of the other winners had been web-based ‘raw’ cases.

Besides introducing students to the complicated financing required to maintain an enormous fleet of cars, the Hertz cases also expanded the diversity of case protagonists. Kathyrn Marinello was the CEO of Hertz during this period and the CFO, Jamere Jackson is black.

Sandwiched between the two Hertz cases, Coffee 2016, a perennial best seller, finished second. “Glory, Glory, Man United!” a case about an English football team’s IPO made a surprise move to number four.  Cases on search fund boards, the future of malls,  Norway’s Sovereign Wealth fund, Prodigy Finance, the Mayo Clinic, and Cadbury rounded out the top ten.

Other year-end data for 2021 showed:

• Online “raw” case usage remained steady as compared to 2020 with over 35K users from 170 countries and all 50 U.S. states interacting with 196 cases.
• Fifty four percent of raw case users came from outside the U.S..
• The Yale School of Management (SOM) case study directory pages received over 160K page views from 177 countries with approximately a third originating in India followed by the U.S. and the Philippines.
• Twenty-six of the cases in the list are raw cases.
• A third of the cases feature a woman protagonist.
• Orders for Yale SOM case studies increased by almost 50% compared to 2020.
• The top 40 cases were supervised by 19 different Yale SOM faculty members, several supervising multiple cases.

CRDT compiled the Top 40 list by combining data from its case store, Google Analytics, and other measures of interest and adoption.

All of this year’s Top 40 cases are available for purchase from the Yale Management Media store .

And the Top 40 cases studies of 2021 are:

1.   Hertz Global Holdings (A): Uses of Debt and Equity

2.   Coffee 2016

3.   Hertz Global Holdings (B): Uses of Debt and Equity 2020

4.   Glory, Glory Man United!

5.   Search Fund Company Boards: How CEOs Can Build Boards to Help Them Thrive

6.   The Future of Malls: Was Decline Inevitable?

7.   Strategy for Norway's Pension Fund Global

8.   Prodigy Finance

9.   Design at Mayo

10. Cadbury

11. City Hospital Emergency Room

13. Volkswagen

14. Marina Bay Sands

15. Shake Shack IPO

16. Mastercard

17. Netflix

18. Ant Financial

19. AXA: Creating the New CR Metrics

20. IBM Corporate Service Corps

21. Business Leadership in South Africa's 1994 Reforms

22. Alternative Meat Industry

23. Children's Premier

24. Khalil Tawil and Umi (A)

25. Palm Oil 2016

26. Teach For All: Designing a Global Network

27. What's Next? Search Fund Entrepreneurs Reflect on Life After Exit

28. Searching for a Search Fund Structure: A Student Takes a Tour of Various Options

30. Project Sammaan

31. Commonfund ESG

32. Polaroid

33. Connecticut Green Bank 2018: After the Raid

34. FieldFresh Foods

35. The Alibaba Group

36. 360 State Street: Real Options

37. Herman Miller

38. AgBiome

39. Nathan Cummings Foundation

40. Toyota 2010

Teaching and Research guides

Case studies.

• Introduction
• Key tips for searching

Harvard Business School case studies

Other sources for business case studies, case studies journals, legal case studies.

• Design and social context
• Science, engineering, and health
• Open case studies
• Further help

The Harvard Business School has produced many business case studies. Many, but not all case studies are published in the Harvard Business Review . Case studies published in the HBR are findable by title in LibrarySearch or via the EBSCOhost Business Source Complete database using the link below:

• Harvard business review

Select "Search within this publication" at the top left.  Then add your keywords and select Document type to be Case study.

Harvard Business School case studies may appear on the HBR website, hbr.org , but not be published in the Review itself. These cases are  not findable in LibrarySearch. In this situation, a case may be located by searching within the Harvard Business Review Digital Articles database, at the link below:

• Harvard Business Review Digital Articles Collection of articles hosted in EBSCOhost from the Harvard Business Review website, HBR.org

When linking to a case study that is an HBR digital article, link to the copy found in Harvard Business Review Digital Articles on EBSCOHost. Do not link to a case on hbr.org , since access limits will cause users to encounter a paywall. If case studies or other material from the Harvard Business School are not available via either of the databases mentioned above, please contact our Teaching Support Services .

• Business Source Complete (EBSCO) Aside from case studies within the Harvard Business Review, the Business Source Complete database within EBSCO contains case studies from other sources. They can be found using advanced search and selecting "case study" as the document type.
• SAGE Knowledge Within SAGE Knowledge is SAGE Business Cases, a set of business case collections divided by business discipline and geographic region.
• Emerald Insight An extensive business research database. Click on advanced search and then select the case studies checkbox.
• MarketLine Select "Analysis" from the menu bar, and select Case studies. Both Industry and Company cases can be found.
• WARC: World Advertising Research Center From the menu bar, select Advanced Search. Then beside "Select sources" check the Case studies box.
• Factiva Use "case study" or "case studies" as terms when building your search. There is no option to limit to case studies as a resource type.
• Passport Passport provides geographically discrete reports and analysis on companies and industries. These reports are not case studies, but provide context and data background which may enrich understanding of cases found elsewhere.
• Henry Stewart Talks Business & Management Collection HSTalks provides access to world class lectures and case studies by leading experts from commerce, industry, the professions and academia, in one online resource - accessible wherever, whenever and as often as is wanted.
• Business Collection (Informit) Search by topic and then narrow to Case Studies using Identifier selection in right side menu.

Note : some databases provide Teaching Notes to accompany case studies. These materials are usually restricted to teaching staff. If you have a teaching role at RMIT, and would like access to the Teaching Notes, first create a personal profile or account in the relevant database, then contact the Library at [email protected]  and staff will then organise upgraded access.

• Asian journal of management cases
• Business case journal
• Journal of case studies
• South Asian journal of business and management cases

To find information on legal *cases* argued in the courts, see our Law and Justice library guide.

• Law and Justice This guide provides access to major Australian legal resources. It also provides tips on searching for different types of legal resources.
• << Previous: Key tips for searching
• Next: Design and social context >>

• Last Updated: May 13, 2024 7:49 AM
• URL: https://rmit.libguides.com/casestudies

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Roula Khalaf, Editor of the FT, selects her favourite stories in this weekly newsletter.

These five sets of case studies highlight how law firms in Asia-Pacific are innovating as businesses.

They feature examples of law firms changing how they manage their own people, and how they are reinventing services and delivery models.

All the case studies were researched, compiled and ranked by RSGI. “Winner” indicates that the organisation won an FT Innovative Lawyers Asia-Pacific award for 2024

Read the other FT Innovative Lawyers Asia-Pacific ‘Best practice case studies’, which showcase the standout innovations made for and by people working in the legal sector:

Practice of law In-house

People and skills

WINNER: Gilbert + Tobin Originality: 8; Leadership: 9; Impact: 8; Total: 25 Last year, the firm ran an “AI Bounty” competition, offering staff a total of A$20,000 in prizes for their best ideas on deploying artificial intelligence at work. The contest attracted 106 submissions, with the money split among five main award winners and 50 smaller prizes. The firm will develop the best ideas identified, including tools to review a privacy policy and enhance due diligence.

Inkling Legal Design O: 9; L: 8; I: 7; Total: 24 The firm developed an online course that encourages writing in plain, straightforward English and provides a benchmark against which other lawyers can compare how well they write about ambiguous areas of law. The application, which launched last year, is designed to improve efficiency and accuracy when writing and has been used by eight clients so far.

Highly commended

Lander & Rogers O: 8; L: 8; I: 7; Total: 23 In its continuing partnership with Melbourne’s Monash University, the Australian firm invited five law students — dubbed “AI investigative agents” — to interview practice group heads and work with the firm’s innovation team to examine scenarios in which the technology might be applied. The training initiative identified more than 40 examples for possible use and the students’ insights on the topic have been published by the firm.

MinterEllison O: 7; L: 8; I: 7; Total: 22 The firm created its own internal cryptocurrency to reward staff for taking part in its online training sessions. The so-called Mintcoins can be exchanged internally for charity donations or gift cards and have helped encourage the completion of more than 1,900 training modules by 850 people.

Rajah & Tann Singapore O: 7; L: 7; I: 8; Total: 22 The firm identified several common skills and qualities required by its lawyers working across the various business sectors, jurisdictions and languages in the region. These include project management and communication skills aside from specific legal knowledge. Lawyers can receive 50-plus hours of training and at least half of the programme comprises practical activities.

Ashurst O: 6; L: 7; I: 8; Total: 21 Lawyers at the firm can now use an online tool to highlight their availability and expertise, to help with allocation of work. In the first eight months of use, it received more than 720 notifications of availability from lawyers across the firm’s Asia-Pacific offices.

Khaitan & Co O: 7; L: 7; I: 7; Total: 21 The firm worked with a consultancy to set up a process that assesses lawyers in areas such as productivity and business development skills, to decide if they are ready for partnership promotion.

Nagashima Ohno & Tsunematsu O: 8; L: 6; I: 6; Total: 20 The firm created a programme where associates work with partners to develop new client relationships in emerging practice areas. These areas include the latest tech developments, sports, and agriculture and fishing industries.

King & Wood Mallesons O: 6; L: 6; I: 7; Total: 19 The firm added new modules in AI, process improvement and change management to its “legal transformation belts” programme, which grades and certifies digital skills and is also available to clients.

Knowledge and data

WINNER: MinterEllison Originality: 7; Leadership: 9; Impact: 8; Total: 24 In December 2023, the firm’s environment and planning team led a pilot of a generative AI tool that can draft legal documents that are roughly 80 per cent assembled in under a minute. Replicating a junior lawyer’s work, the model draws information from a repository of the firm’s historic advice, and other sources, to provide a draft that senior lawyers can check and amend. The pilot involved 50 lawyers and the firm now plans to roll out the tool across the practices. Commended individual: Simon Ball

King & Wood Mallesons O: 7; L: 8; I: 8; Total: 23 The firm’s commercial real estate practice developed a system based on records of past property transactions to identify market trends across Asia. Using data visualisation software, the tool helps identify patterns across the firm’s global property work, such as popular drafting clauses and market standards. According to the firm, the tool has reduced typical time taken for some research tasks from up to four hours to just minutes.

JunHe O: 6; L: 8; I: 8; Total: 22 To encourage use of its knowledge-management system, the Chinese firm added training materials along with a feature that automatically logs when training sessions are taken. The firm also rewards its 700-plus lawyers for adding good quality data to the platform by tying this to their bonuses. This has led to an increase in activity on the platform, with 25,000 clicks recorded per month in 2023.

Khaitan & Co O: 8; L: 7; I: 7; Total: 22 The firm sifted 17mn items to identify 841,000 relevant documents for future case work and integrate them into a searchable system. AI tools, under development, will be able to create summaries of the documents and perform predictive analysis on contracts.

Anand and Anand O: 7; L: 7; I: 7; Total: 21 The Indian firm created a “matter knowledge” bank where users can search for a case and generate a summary of relevant details. It spent three years digitising decades’ worth of physical documents and started using the repository in June 2023. The firm hopes to improve processes such as document drafting and trial preparation and encourage internal collaboration.

Clifford Chance O: 6; L: 7; I: 7; Total: 20 The firm developed a tool to help with billing when a client’s requirements change during a transaction, and launched it in the Asia-Pacific region. The spreadsheet-based system gives an improved overview of work done on particular case work with live projections, allowing significantly faster billing decisions.

Sprintlaw O: 7; L: 8; I: 5; Total: 20 In 2023, the Australian firm launched a knowledge-sharing platform for staff servicing smaller businesses. The internal resource has halved the time taken for its lawyers to create some documents, such as standard shareholder agreements.

Hogan Lovells O: 6; L: 7; I: 6; Total: 19 The lawyers conducted a document review for an anti-bribery investigation using AI software that required training in Vietnamese. The subsequent search has identified 150,000 documents for scrutiny by lawyers.

Digital tools

WINNER: Clifford Chance Originality: 8; Leadership: 9; Impact: 8; Total: 25 The firm partnered with tech company Microsoft to create a generative artificial intelligence bot, launched in late October, that tracks and summarises press releases published by Hong Kong regulators.

Lawyers in the region took the lead on ensuring the tool had appropriate understanding of legal jargon and included a summarisation and context extraction function that will save the firm an estimated 480 hours of associate and trainee time per year. Output can be turned into interactive graphs and trends, which the lawyers use to advise clients.

Yulchon O: 8; L: 8; I: 7; Total: 23 The South Korean firm created a service to help clients better comply with the country’s Serious Accidents Punishment Act (SAPA), introduced in 2022, which puts greater responsibility on businesses to ensure safety in their operations and facilities.

The service involves a free self-diagnosis tool that shows clients where they are most at risk of violating SAPA. The firm also uses automation to track news reports of SAPA-related incidents and has created a training programme with videos offering insights into the law. The programme uses an AI-powered search engine to help clients find specific information.

Clayton Utz O: 7; L: 8; I: 7; Total: 22 The Sydney-based firm launched an AI-generated compliance portal, Obligations Navigator, in December 2023. In a client assessment, the portal analysed 100 examples of case law and produced a hyperlinked list of 42,000 obligations, described in plain English and checked by human lawyers. Summarising compliance requirements can be labour-intensive, so the portal saves time and resources and gives the client a clear and comprehensive compliance process — helping them understand which obligations they must comply with, and how.

Lander & Rogers O: 7; L: 7; I: 7; Total: 21 The Australian firm developed an AI tool to extract relevant information from files submitted alongside compensation claims. The innovation and compensation law teams partnered with the firm’s legal tech incubator, Halisok, to digitise the manually-intensive sorting process in mass litigation and class action suits.

Nagashima Ohno & Tsunematsu O: 5; L: 8; I: 8; Total: 21 Led by managing partner Soichiro Fujiwara, the firm’s technology start-up MNTSQ designed an AI-powered search engine that allows lawyers to search an internal contract database for relevant Japanese clauses and provisions, after the firm found public search engines such as Google were insufficient.

Rajah & Tann Singapore O: 7; L: 7; I: 6; Total: 20 In June 2023, Singapore’s Urban Redevelopment Authority implemented new requirements for anti-money laundering checks in residential property purchases. The Singaporean law firm launched an AI tool that automates these due diligence checks of potential buyers, which is now used by 30 property developers in the country.

MinterEllison O: 5; L: 7; I: 7; Total: 19 The firm developed a contract review tool to help mining group Anglo American manage its supply chain and contracts. The firm approached the miner — a long-term client — after it struggled with the management of contracts. Lawyers used the company’s data to build the tool from scratch in 2023. Commended individual: Benjamin Fox

Digital strategy

WINNER: A&O Shearman Originality: 8; Leadership: 9; Impact: 8; Total: 25 In partnership with legal tech company Harvey, A&O Shearman (formerly Allen & Overy) was among the first law firms to make wide use of a generative AI tool in early 2023.

Capitalising on the publicity this created, it then launched an AI client working group in Asia Pacific where 81 participants from 19 companies paid the firm for advice on generative AI’s potential legal implications and practical lessons about adoption of the technology in a big organisation.

Highly Commended

Ashurst O: 7; L: 8; I: 8; Total: 23 The firm has run pilots and trials of generative AI that involved more than 400 staff in 23 offices including a competition to identify future applications and blind trials testing applications against humans. The strategy has been implemented worldwide, with a prominent role played by the team from Australia. The firm says nearly 90 per cent of staff felt its technology focus was preparing them for the coming years.

Mayer Brown O: 7; L: 8; I: 8; Total: 23 The Hong Kong office led the rollout in 2023 of AI tool Harvey for use in research, drafting, and data analysis. It is also used to cut the time spent summarising local case law, to improve due diligence, and Chinese-to-English translations.

PwC Asia Pacific O: 7; L: 8; I: 7; Total: 22 The firm’s Asia-Pacific business merged its legal and NewLaw legal services divisions to help clients implement related technology.

Internally, the firm is using AI tool Harvey and its own virtual assistant ChatPwC, as well as experimenting with other relevant tools. The firm recorded more than 18,000 queries being submitted to Harvey in the first six months of using it in the region and estimates that the application saved the firm 9,000 hours of time in that period.

Rajah & Tann Singapore O: 6; L: 8; I: 7; Total: 21 The firm is working with its technology arm Rajah & Tann Technologies to bring in external software that will encourage lawyers to embrace digitisation fully and prepare for the future adoption of AI systems. Examples include applications that are designed to cut the time spent on research and to locate the relevant contract clauses from a centralised database.

JunHe O: 6; L: 7; I: 7; Total: 20 The Chinese law firm’s tech team created a tool that automates the identification and redaction of sensitive material from documents. This tool helps lawyers protect sensitive data and better comply with data protection laws in China when using generative AI.

Trilegal O: 6; L: 7; I: 7; Total: 20 Trilegal’s digital innovation group is leading technological advances at the Indian law firm, creating a knowledge management system and AI-based dashboards to monitor work progress and preparing existing systems to incorporate generative AI.

New solutions

WINNER: Inkling Legal Design Originality: 8; Leadership: 9; Impact: 8; Total: 25 The firm advised the Australian Nuclear Science and Technology Organisation (ANSTO) on redesigning its commercial project agreements. The lawyers simplified the contracts used by the public research body for project partners, which predominantly include scientists with a non-legal background. Clauses were simplified and legal jargon removed, while retaining legal compliance and addressing complex scientific issues. Redesigning these contracts has led to greater collaboration between the legal department at ANSTO and other parties, internally and externally. Using digital tools and visuals made the contracts easier to navigate.

A&O Shearman O: 7; L: 8; I: 9; Total: 24 In response to China’s property market crash, the firm developed an interactive portal to help co-ordinating committees representing bank lenders to navigate complex, large-scale corporate restructurings. The portal provides clients with access to resources relating to relevant restructurings, a Q&A tool and document review capabilities. Rapid access to comprehensive information and support saves clients time and money.

Lawpath O: 6; L: 8; I: 8; Total: 22 The Australian firm is targeting smaller companies by providing low-cost access to software and document libraries that use AI to fill out contracts and agreements. A human lawyer can be involved to check documents or deal with more complex work if required.

Atsumi & Sakai O: 6; L: 8; I: 7; Total: 21 The Tokyo-based law firm’s Policy Research Institute advised the Japanese government on emerging technology topics, such as developing AI regulation and the construction of a semiconductor factory.

Pinsent Masons O: 7; L: 7; I: 7; Total: 21 The firm has broadened the legal services it offers at each stage of big renewable energy projects to offer clients a more integrated service — ranging from environmental, social and governance assessments to licensing and property transactions. Commended individual: Mark Hu

KPMG Law O: 5; L: 8; I: 7; Total: 20 The firm created a platform to assess how well equipped a company’s legal team is. The system, launched in 2022, uses a digital tool and questionnaires to gather data about the company and automates a report to help in-house teams assess their resourcing.

Keypoint Law O: 5; L: 7; I: 7; Total: 19 The Australian firm is celebrating a decade of operating without billable hour targets or budgets. The policy aims to offer a more flexible working arrangement to lawyers. Partners are typically paid 70 per cent of the services they charge to clients but, if they do not earn, there is no guaranteed pay. The firm has grown to 75 partners since it was launched in 2014.

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International Edition

• Business Ethics Cases
• Markkula Center for Applied Ethics
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Find ethics case studies on bribery, sourcing, intellectual property, downsizing, and other topics in business ethics, corporate governance, and ethical leadership. (For permission to reprint articles, submit requests to [email protected] .)

In this business ethics case study, Swedish multinational company IKEA faced accusations relating to child labor abuses in the rug industry in Pakistan which posed a serious challenge for the company and its supply chain management goals.

A dog may be humanity’s best friend. But that may not always be the case in the workplace.

A recent college graduate works in the finance and analytics department of a large publicly traded software company and discovers an alarming discrepancy in sales records, raising concerns about the company’s commitment to truthful reporting to investors. 

What responsibility does an employee have when information they obtained in confidence from a coworker friend may be in conflict with the needs of the company or raises legal and ethical questions.

A manager at a prominent multinational company is ethically challenged by a thin line between opportunity for economic expansion in a deeply underserved community, awareness of child labor practices, and cultural relativism.

A volunteer providing service in the Dominican Republic discovered that the non-profit he had partnered with was exchanging his donor money on the black market, prompting him to navigate a series of complex decisions with significant ethical implications.

The CFO of a family business faces difficult decisions about how to proceed when the COVID-19 pandemic changes the business revenue models, and one family shareholder wants a full buyout.

An employee at an after-school learning institution must balance a decision to accept or decline an offered gift, while considering the cultural norms of the client, upholding the best interests of all stakeholders, and following the operational rules of his employer. 

A senior vice president for a Fortune 500 savings and loan company is tasked with the crucial responsibility of representing the buyer in a multi-million dollar loan purchase deal and faces several ethical challenges from his counterpart representing the seller.

Extensive teaching note based on interviews with Theranos whistleblower Tyler Shultz. The teaching note can be used to explore issues around whistleblowing, leadership, the blocks to ethical behavior inside organizations, and board governance.

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Notable Commercial Law Cases

Commercial law, otherwise known as trade law, is a broad term that includes many different fields like corporate law and antitrust law. As a branch of civil law, commercial law cases involve businesses and their commercial transactions within many spheres.

It is also susceptible to major political undercurrents such as Brexit, which is exemplified in the first case below. 

European Medicines Agency v Canary Wharf Group [2019] EWHC 335 

This was a landmark commercial law case in which European Medicines Agency argued that their long-term lease office lease in Canary Wharf was ‘frustrated’ by Brexit and the contract could not be fulfilled, as they had to relocate to Amsterdam.

Mr Justice Smith ruled in favour of Canary Wharf, concluding that Brexit did not constitute a ‘frustrating event’ as it did not fundamentally alter the performance of the contract or radically change the purpose of the contract.

The judge found that the EMA had the ability to sub-let the premises under the current contract and any ‘frustration’ was not arising from unforeseen circumstances. European Medicines Agency had signed the lease under the jurisdiction of English law.

That meant that the legal standards for ‘frustration’ were not met and they were bound to their contractual obligations despite being a European organisation.  European Medicines Agency decided to accept the ruling and sublet their Canary Wharf office to WeWork.

This case had significant implications as it established that Brexit did not provide sufficient grounds to create‘frustration’ and to allow a business to escape contractual obligations. This will inevitably provide a greater degree of certainty to the property market and ensure that Brexit will not have a major destabilising effect on existing contracts.

Tillman v Egon Zehnder Ltd [2019] UKSC 32

In this commercial law case, the Supreme Court considered the circumstances in which an offending portion of a non-compete clause should be severed. 

Global search and recruitment company Egon Zehnder hired Ms Tillman to work in the financial services team under a contract of employment. This contract included a non-compete clause in which Tillman agreed that she would not “ directly or indirectly engage or be concerned or interested in” any business carried out with competitors of EZ UK or the EZ Group for a period of sixth months subsequent to the termination of her employment. 

However, shortly after her employment came to an end in 2017, Tillman notified EZ of her intention to work for a competitor. She argued that her non-compliance with the non-compete clause was a result of its nature as an unreasonable restraint of trade, and thus it was void. 

The appellant applied for an injunction to enforce the non-compete clause; it was granted by the High Court which found that the use of “interested in” (in the non-compete clause) did not warrant an unreasonable restraint of trade. However, the Court of Appeal overruled the judgement and the appellant appealed to the Supreme Court which restored the High Court injunction. 

The Supreme Court considered three primary issues in regards to the enforceability of the non-compete clause:

• The restraint of trade: the Supreme Court upheld that on the facts, the employment contract in question imposed a restraint on trade and it was permitted to do so
• The scope and meaning of “interested in”: the court conceded that the construction of the phrase “interested in” barred Tillman from having any shareholding. This was found to be an unreasonable restraint of trade which voided the non-compete clause, subject to severance 
• Severance: the Court judged that the words “interested in” could be severed from the contract hence repudiating their unreasonable effect. This was on the basis of two prerequisites: they could be removed without needing to modify the rest of the contract and without altering the overall character of the contract. 

Therefore, the Supreme Court held that the rest of the contract was enforceable and Tillman was fairly restrained from seeking employment at a competitor’s firm. This case was significant as it clarified the application of the severance principle in restraint of trade cases and emphasised the importance of drafting explicit contracts and restrictive covenants. 

Wood v Capita Insurance Services Ltd [2017] UKSC 24

This commercial law case prompted the Supreme Court to reassess the principles of contractual interpretation; it considered the balance between contextualism (the commercial context in which the clause was drafted) and textualism (the literal meaning of a clause).  

This had two major precedents: Arnold v Britton & ors [2015] UKSC 36 and Rainy Sky SA v Kookmin Bank [2011] UKSC 50. In Arnold v Britton , the Court prioritised textualism, whereas in Rainy Sky SA v Kookmin Bank the Court preferred a commercial common sense approach towards interpreting contractual ambiguities. 

In Wood v Capita Insurance Services the Supreme Court contemplated competing interpretations of an opaque indemnity clause in a sale and purchase agreement for an insurance broker. The purchaser (Capita) bought a car insurance company and was indemnified “in respect of losses derived from the mis-selling or suspected mis-selling of insurance products prior to the sale” or warranty claims made within two years. 

Upon discovering that the company had potentially mis-sold insurance to customers, it reported this to the Financial Services Authority which imposed a remediation scheme upon the purchaser to compensate customers. This led to Capita incurring a loss of approximately £1.35 million. The purchaser argued that this loss fell within the scope of the indemnity clause. The sellers proposed that as there had not been any complaints or claims made against the company and the losses incurred were due to self-reporting, the indemnity clause did not apply. 

The Supreme Court upheld the Court of Appeal’s decision in favouring the seller’s narrow interpretation of the contract. In doing so, it considered the commercial context in which the buyers had an interest in securing a broad indemnity clause whereas the sellers had an interest in acquiring a narrow one. It also examined the language of the contract which favoured the sellers. 

The Supreme Court arrived at the view that textualism and contextualism are not “conflicting paradigms” but rather tools to interpret the language within contracts. This affirmed that a balance needed to be struck between the two as contractual interpretation is a unitary procedure, hence the decisions in Arnold v Britton and Rainy Sky SA v Kookmin Bank are not at odds.

Words: Devangi Dave

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Case Studies on Corporate Laws

The ‘Case Study’ Model of discussion and analysis has been widely accepted and acknowledged as a celebrated mode of teaching by premier institutions like the Harvard Business School and the Kennedy School of Business. Off late, its relevance has massively increased as more and more academic institutions, especially those focusing on business and law, have made the shift from the traditional Q/A pattern to a more cohesive ‘Case Study Model’

Cases are narratives, situations, selective data and statements that present real-life simulations and as such, put to fore unresolved and thought-provoking issues, which are likely to occur, in varying magnitude and complexities, in our practical lives also. As against the traditional Q/A pattern, where more often than not, the problems have a single solution, Case Studies encourage participants to engage in critical thinking and to identify the several solutions for a given set of facts. Unlike problem sets, they do not break the problem down into clear steps, and frequently have no single “right” answer. Cases provide a rich contextual way to introduce new material and create opportunities to apply the law – they not only encourage an out-of-the-box thinking, but also help the participants to identify the problems in the first place, which are generally hidden beneath the usual facts and figures.

This concept is very similar to the practical situations, we as professionals, come across in our everyday lives – as professionals and consultants, we are expected to pinpoint such opportunities/ problems camouflaging behind routine statements and facts, so as to deliver holistic and efficient solutions, which are not necessarily limited to any singular act and/ or provision thereof.

In view of increasing relevance of the Case Study Method, we at Vinod Kothari & Company bring to you our weekly analysis of diverse cases which encapsulate practical situations and complexities so as to understand the hands-on application of the provisions under various laws – all at once. In our two-fold exercise, we invite the varying views of professionals, India and abroad, on the cases put up – which shall thereafter, be discussed and deliberated via audio-video discussions on our YouTube Channel – “Vinod Kothari & Company”

• Case Study I – Related Party Transactions [Case 1]

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Roula Khalaf, Editor of the FT, selects her favourite stories in this weekly newsletter.

The case studies below, featuring the most innovative legal teams in the Asia-Pacific region highlight examples of their work in the following areas:

Operational transformation

New product and services

Sustainability and impact

Commercial and strategic advice, digital solutions, using generative artificial intelligence, people and skills.

All the case studies were researched, compiled and ranked by RSGI. “Winner” indicates that the organisation won an FT Innovative Lawyers Asia-Pacific award for 2024

Read the other FT Innovative Lawyers Asia-Pacific ‘Best practice case studies’, which showcase the standout innovations made for and by people working in the legal sector:

Practice of law Business of law

Winner: Telstra Originality: 9; Leadership: 8; Impact: 8; Total: 25 The legal team at the Australian telecoms company has built on previous improvements to the way it prioritises work from the rest of the business. It created a tool that measures capacity and provides the team with a system for discussing its scope to take on work — deciding how to prioritise tasks within the team, or justifying putting them out to external counsel. The resulting transparency on capacity and costs has enhanced relationships with the rest of the business.

HSBC O: 8; L: 8; I: 8; Total: 24 In 2023, the bank’s regional legal team built and deployed several tools, including a digital portal to receive legal requests from the business, a centralised system for approving marketing campaigns, and a chatbot to handle responses to routine queries. They are, so far, used by the digital legal team, the litigation department, and one of the banking teams.

Highly commended

Boston Consulting Group O: 8; L: 8; I: 7; Total: 23 As part of BCG’s strategy to increase artificial intelligence and digital consulting fees significantly by 2026, its legal department in the region is collaborating with counterparts across the firm in initiatives such as overhauling risk and contractual frameworks. Internally, it is adopting workload management software and trialling generative AI automation tools.

IAG O: 7; L: 8; I: 8; Total: 23 In 2023, the Australian insurance company’s legal team improved its operations by automating the generation of complex contracts and by extending its programme for managing external spending to its teams in New Zealand. The team also introduced a dashboard that displays quarterly and monthly reports on legal expenditures and how external law firms perform.

Zongteng Group O: 7; L: 8; I: 8; Total: 23 Lawyers at the Chinese logistics business built a database that collects details of global legislation, legal commentaries and cases, and names of recommended external counsel in countries where the business operates. The resource helps the small legal team, mainly based in China, to provide global legal advice.

WiseTech Global O: 6; L: 8; I: 7; Total: 21 To gain support from the business for several operational changes, lawyers recorded precisely how they spent their time — an unusual practice for in-house teams. The scrutiny helped identify where alterations, such as introducing a contract management system, would help improve efficiency. The improvements have saved the team hundreds of hours in answering routine queries.

BHP O: 6; L: 7; I: 7; Total: 20 In preparation for making use of generative AI, the mining group’s legal team has upgraded its systems to store documents in one place and to collect structured data. The team estimates that the move has already cut lawyers’ time spent on administrative tasks by a quarter.

Toll Group O: 6; L: 7; I: 7; Total: 20 The legal team at the global logistics business introduced an automation tool to speed up contract approval. Some 3,000 requests have been yielding valuable insights, such as how often negotiators deviate from standard contract terms.

Dentsu O: 6; L: 7; I: 6; Total: 19 The Japanese-led global advertising group’s Asia-Pacific legal team worked with the chief technology officer and other departments to improve and extend oversight of new products’ commercial viability and any potential data privacy questions, as well as other legal risks.

Equinix O: 6; L: 7; I: 6; Total: 19 The regional section of the data centre operator’s global legal team has centralised and streamlined several processes to enhance its contract management systems.

New products and services

Joint winners: Hong Kong Exchanges and Clearing and HSBC Both legal teams: Originality: 8; Leadership: 8; Impact: 9; Total: 25 Launched in May 2023, the stock exchange operator’s Swap Connect programme allows offshore investors access to China’s $5tn interest rate swaps market, and is similar to existing programmes in Hong Kong that allow offshore investors to trade mainland bonds and stocks.

At Hong Kong Exchanges and Clearing (HKEX), the legal team helped structure the link-up, backed by the Shanghai Clearing House and the China Foreign Exchange Trade System, and worked to secure regulatory approval in the territory and mainland. At HSBC, lawyers drafted the contracts used by both the onshore and offshore investors.

DBS Bank O: 7; L: 9; I: 7; Total: 23 In 2023, the Singaporean bank set up a group to improve its handling of customer safety, led by a senior member of the legal team. It created an enhanced anti-malware tool for DBS to prevent users of its banking app logging in remotely if it detects signs of fraudulent activity. The bank says this change has stopped S$14mn ($10.3mn) being taken fraudulently from accounts. Another product enables digital deposits but only in-person withdrawals.

CIMB O: 6; L: 7; I: 8; Total: 21 Lawyers at the Malaysian banking group advised it on the rollout of online business loans and personal loans to domestic customers in the country.

Westpac O: 6; L; 7; I; 8; Total: 21 Lawyers at the Australian bank supported the product team in redesigning its mobile banking app, advising on new features, consumer rights and data protection.

Winner: Asian Development Bank Originality: 8; Leadership: 9; Impact: 8; Total: 25 The bank is working with UN agencies to send aid to people in Afghanistan without money passing through the Taliban. Usually, ADB works directly with governments to provide funding but, because the Taliban is not generally recognised as a government by the international community, aid had to be delivered through other channels.

The legal team successfully argued to stakeholders that, because Afghanistan does not exercise jurisdiction over UN agencies, those organisations are appropriate entities through which to deliver aid.

The lawyers negotiated with the UN agencies to ensure the arrangement met ADB’s strict transparency requirements, such as it being able to inspect any suppliers the UN contracted with as part of the collaboration.

DBS Bank O: 7; L: 8; I: 8; Total: 23 Since 2020, the legal and compliance team at the Singapore bank has run “hackathons”, alongside other organisations, to try to address wider social problems. The 2023 edition focused on mental resilience. Some 27 ideas were generated, two of which are being explored for further development.

MTR Corporation O: 6; L: 8; I: 7; Total: 21 The Hong Kong railway operator’s legal team helped it to execute its environmental, social and governance strategy. This included developing a new corporate structure and working to secure a patent for a product that uses cameras and AI to prevent damage to escalators from discarded objects.

Standard Chartered Bank O: 7; L: 7; I: 6; Total: 20 Sustainability experts in the Apac region’s legal team developed a process whereby the bank can assess and mitigate competition and antitrust risk when working on sustainable projects with counterparts in the banking industry.

Klook O: 7; L: 6; I: 7; Total: 20 After the travel company came under criticism over animal welfare standards at wildlife attractions, it took action to improve them. The legal team piloted a programme, working with accreditation business Asian Captive Elephant Standards, to help five elephant visitor attractions that sold tickets through Klook to meet the new standards. Some venues listed on Klook may still offer close-quarter wildlife experiences, but these are not promoted or sold through the Klook site itself.

Winner: SoftBank Originality: 8; Leadership: 9; Impact: 9; Total: 26 The legal team advised the Japanese investment group on last September’s initial public offering of its UK chip designer Arm in the US. To expedite the deal, lawyers also helped SoftBank acquire an additional 25 per cent of Arm from its Saudi-backed investment partner Vision Fund, the $100bn vehicle that is managed by SoftBank itself.

The lawyers negotiated with investors and dealt with scrutiny over this related-party transaction. The legal team also dealt with the US Securities and Exchange Commission in preparation for Arm’s IPO, which saw the Japanese company raise nearly $5bn while retaining 90 per cent of the business — making it the largest US listing in almost two years.

Asian Development Bank O: 7; L: 8; I: 8; Total: 23 The legal team at the Manila-based institution advised on the arrangement, structuring and syndication of a $692mn financing package signed last March to fund the construction of Monsoon Wind Power Project — the largest wind power plant in south-east Asia. Electricity generated from the plant under construction, the first wind farm in Laos, will be sold to neighbouring Vietnam. Features such as a $50mn concessional financing package, in case of delays, provide additional reassurance for commercial lenders.

Hong Kong Exchanges and Clearing (HKEX) O: 6; L: 9; I: 8; Total: 23 Lawyers at the stock exchange operator advised on narrowing the period between pricing and the start of share trading in an IPO from five days to two, via its new settlement platform Fast Interface for New Issuance, which was launched last year. The team worked with different stakeholders to digitise the previously paper-based system.

Australian Nuclear Science and Technology Organisation O: 7; L: 7; I: 7; Total: 21 The public research body’s lawyers worked with Australian legal design firm Inkling to improve the project agreements it uses when collaborating with a range of industry and academic partners. New contracts that clearly set out expectations and undertakings of projects are designed to improve the relationships between the organisation, including ANSTO scientists, and external researchers when working together on collaborations.

HSBC O: 7; L: 7; I: 7; Total: 21 Lawyers designed the documentation for HSBC’s role as sole settlement bank for a scheme to link Hong Kong’s Faster Payment System with PromptPay in Thailand. Nine banks and payment providers have so far signed up to use the scheme.

Recruit O: 7; L: 7; I: 7; Total: 21 Legal and data teams at Japan’s biggest recruitment agency, which has been expanding AI services for job searches and matching, have developed a new governance and review process to ensure compliance with AI and anti-discrimination laws globally.

Winner: Tencent Originality: 8; Leadership: 8; Impact: 9; Total: 25 The legal team at the Chinese technology company has set up a platform to simplify and speed up the review process when artificial intelligence features are added to Tencent apps. Product developers answer a series of questions about how they plan to use AI in an app and where the data will come from, which allows the legal team to say within a day if it should go ahead.

UBS O: 8; L: 9; I: 7; Total: 24 A tool devised by the Swiss bank’s lawyers in collaboration with the IT team assists in approval for data-transfer requests. It saves an estimated 1,000 hours of lawyer time annually and allows for faster approval of outsourcing projects at the bank.

Flex O: 7; L: 8; I: 7; Total: 22 To comply with the US-based manufacturing company’s data-security requirements, the China legal team bought a licence outright for a contract lifecycle management platform in order to be able to customise it. The tool works on English- and Chinese-language documents and has cut the review time required for procurement contracts from days to hours.

Fazz O: 7; L: 7; I: 7; Total: 21 The legal team at the Singaporean fintech is collaborating with police and government agencies in the city state to help prevent cyber crime. The lawyers have created a tool that streamlines responses to requests for information from the police.

AS Watson O: 6; L: 7; I: 7; Total: 20 The group legal team at the Hong Kong-based global health and beauty retailer has customised a legal operations management platform to act as a contract management system. The new system automates document drafting, streamlines the approvals process and cuts contract review times by up to 50 per cent.

Klook O: 6; L: 7; I: 7; Total: 20 The legal team at the Hong Kong-based travel company adopted a contract management system, for both sales and procurement, to handle a year-on-year doubling in contracts without adding more lawyers.

Winner: DBS Bank Originality: 9; Leadership: 8; Impact: 8; Total: 25 As a proof-of-concept exercise, the legal team used an application to retrieve news articles about customers that it wished to scrutinise over potential illicit or illegal activities. It then used generative artificial intelligence to summarise the items to highlight relevant coverage. The full version of this tool went live earlier this year and the team is piloting several other uses for generative AI in detecting money laundering and fraud.

Telstra O: 9; L: 8; I: 7; Total: 24 The legal team at the Australian telecoms business is testing a generative AI tool’s accuracy for translating laws, such as those regarding billing, into obligation statements for the business. The AI assesses Telstra’s processes for ensuring compliance and suggests measures to improve them.

Westpac O: 8; L: 8; I: 8; Total: 24 In collaboration with law firms, technology companies and other professional services businesses, the legal team at the Australian bank tested several generative AI tools in different scenarios. The team says it is already seeing productivity gains. One of the most promising tools links the bank’s underlying regulations and policies to its supplier contracts, which allows users to better understand the reasoning behind certain contract clauses.

Lazada O: 7; L: 8; I: 8; Total: 23 The legal team at the south-east Asian ecommerce business used generative AI to accelerate its contract review process and to identify common risks across different agreements. The team estimates that contract review is already 20 per cent to 30 per cent faster on its standard work.

GLP O: 7; L: 7; I: 7; Total: 21 The legal team at the Singapore-based international logistics company worked with colleagues, including the chief financial officer and the IT team, to store financial and legal documents centrally. This will give the business’s generative AI tool better access to data.

LG Chem O: 7; L: 8; I: 6; Total: 21 The legal team at the South Korean chemical company is using generative AI tools on Chinese and Korean-language documents, to help review the contents of contracts and redraft clauses more easily. It is currently used for simple contracts, such as non-disclosure agreements.

McKinsey & Company O: 7; L: 7; I: 7; Total: 21 Asia-Pacific lawyers at the consulting business are using its internal generative AI tool, Lilli, to help craft responses to external counsel, to critique their own legal arguments, and to assist in translation as the business uses more than 10 languages in the region.

Winner: Boston Consulting Group Originality: 8; Leadership: 9; Impact: 9; Total: 26 The US-based consultancy is aiming to double the proportion of fees it gets from AI and digital consulting to 40 per cent of its global revenues by 2026 (last year, revenues were $12.3bn). To help with this, BCG’s legal team in the region has hired a range of experts in technology, intellectual property, the metaverse, and AI ethics. To keep abreast of the latest developments in the field, the team has designated individuals to gather and update information across their practice areas to feed into different parts of the business.

Nanyang Technological University O: 7; L: 8; I: 9; Total: 24 At the start of 2024, the Singaporean university’s 22-person legal team established a “360” structure that expects all its lawyers to have a working knowledge of all areas that the institution may need advice on. There are still specialists, but most queries can now be answered by anyone in the department.

DBS Bank O: 8; L: 9; I: 6; Total: 23 The legal and compliance team at Singapore’s biggest bank has developed a strategy for coping with the anticipated disruption of generative AI in its business. It plans to move those doing work that becomes obsolete into new areas, while other jobs will be redesigned to create pooled resources that can better serve multiple business teams, assisted by AI tools. As many as 80 per cent of the legal team now use generative AI tools regularly.

HSBC O: 7; L: 8; I: 8; Total: 23 The bank’s legal team in the region centralised its training programmes on a single platform that allows lawyers to track their progress, view past materials, and create a customised development plan. Topics range from sustainability to digital and personal banking.

FedEx O: 7; L: 8; I: 7; Total: 22 Ten lawyers at the package delivery business used their training in more flexible working to introduce new practices to the rest of the region’s legal team.

Another 20 team members joined a workshop to help develop a chatbot that can assist in answering routine legal queries and accessing template documents.

Telstra O: 6; L: 8; I: 8; Total: 22 The legal team at the Australian telecoms business launched a training scheme for new graduate recruits and paralegals, where successful applicants rotate through several areas of Telstra’s in-house department and can spend six months to a year on secondment at an external law firm.

Uber O: 7; L: 8; I: 7; Total: 22 Members of the ride-hailing app’s regional legal team are now obliged to work as taxi drivers or food delivery riders one day per quarter, and share feedback with operations and product teams on how the business can be improved.

Airbnb O: 7; L: 7; I: 7; Total: 21 The holiday rental website set up a training scheme to prepare lawyers with skills required for senior roles. It comprises a dozen training sessions on key areas of legal expertise. Sessions include role-playing a presentation to a board of directors.

Macquarie O: 7; L: 7; I: 7; Total: 21 Lawyers at the Australia-based financial services group created an intranet for the business. It provides regularly updated resources about various areas of legal advice and identifies the best person to contact for each topic.

MSD (Merck) O: 7; L: 8; I: 6; Total: 21 The multinational pharmaceutical company’s legal team in China has launched a diversity and inclusion programme for five law firms it works with. The programme pairs in-house counsel and private practice lawyers at different seniority levels to discuss ideas and challenges in the field.

Jera O: 6; L: 7; I: 7; Total: 20 The legal team at the Japanese power company has adopted a new system for the intake and allocation of work. It uses the resulting data to identify skills gaps and shape training and hiring.

McCain Foods O: 6; L: 8; I: 6; Total: 19 The Asia-Pacific legal team at the global frozen foods company rebranded internally, with the aim of making its communications, such as legal notifications, more immediately noticeable to the rest of the business.

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International Edition

Famous Cases under Company Law

Landmark cases under company law, salomon v salomon & co. ltd[1], royal british bank v turquand[2], cyrus investments pvt. ltd. & anr. v. tata sons ltd.& ors[3], tata consultancy services limited v. cyrus investments pvt. ltd.[4], ak bindal vs union of india[5], sri gopal jalan & co. v. calcutta stock exchange association ltd[6], seth mohan lal v. grain chambers ltd[7], shanti prasad jain v. kalinga tubes ltd[8], recent cases under companies act, 2013.

• https://www.lawyersclubindia.com/articles/landmark-judgments-of-corporate-law-13988.asp
• https://www.mondaq.com/india/shareholders/1077784/some-recent-trends-in-oppression-mismanagement-cases-under-the-companies-act-2013
• https://www.studocu.com/in/document/guru-nanak-dev-university/bachelor-of-law/sp-jain-vs-kaliga-ltd-case-law-of-company-law/16610619
• UKHL 1, AC 22
• 6 E&B 327
• 2017 SCC OnLine NCLAT 261
• 2017 SCC Online SC 272
• (2003) 5 SCC 163
• 1964 AIR 250
• 1968 AIR 772
• AIR 1965 SC 1535
• 2021 SCC OnLine NCLAT 123
• Company Appeal (AT) No. 25 of 2018
• Civil Appeal No. 9340 of 2019
• Company Appeal (AT) 389 of 2018
• Company Appeal (AT) 190 of 2019

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