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Business Strategy for Lawyers Spring 2016 Course January 20, 2016

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Business Strategy for Lawyers Spring 2016 Course January 20, 2016 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course January 20, 2016 BUSINESS STRATEGY FOR LAWYERS SPRING 2016 Kathryn E. Spier Hauser 302 617-496-0019 [email protected] CLASS TIME This class meets on Mondays and Tuesdays from 8:40 to 10:10 in Room WCC B010. This is a 3 credit course. OFFICE HOURS Professor Spier’s office hours are Thursdays from 10:00 to 11:45 or by appointment. COURSE DESCRIPTION This course presents the fundamentals of business strategy to a legal audience. The class sessions include both traditional lectures and business-school case discussions. The lecture topics and analytical frameworks are drawn from MBA curriculums at leading business schools. The cases are selected for both their business strategy content and their legal interest. The main course material is divided into four parts. The first part presents the basic frameworks for the analysis of strategy. The topics include economic and game theoretic approaches to strategy, competitive advantage and industry analysis. The second part is concerned with organizational and contractual responses to agency problems. Topics include pay-for- performance, corporate control, and the design of partnerships and other business associations. Spier, Kathryn Business Strategy for Lawyers Spring 2016 course The third part takes a broader view of business associations, considering the horizontal and vertical scope of the firm and the advantages of hybrid organizational forms such as franchising and joint ventures. The fourth part covers special topics in competitive strategy, including product differentiation, tacit collusion, facilitating practices, network externalities, market foreclosure, and innovation. This course is well-suited for students interested in economic analysis of the law with a strong business and industry focus. Because of the significant overlap with the MBA curriculum, this class is not appropriate for students in the JD-MBA program. Since the lectures and assignments focus on abstract frameworks and theoretic approaches, a basic familiarity with economic reasoning and algebra is assumed. TEACHING METHOD The class will consist of a combination of lectures and class discussion. I expect students to come to class prepared. Student preparation of assigned materials and involvement in class discussion is essential for the success of the course. READINGS The required readings for the class will be available electronically. Students can purchase the case packet for this class directly from Harvard Business School Publishing at the following link: https://cb.hbsp.harvard.edu/cbmp/access/45111886 . Other readings, including chapters from books and newspaper articles, will be posted to the class webpage. GRADING AND REQUIREMENTS Requirements include a final exam (75%), three assignments (10%), and in-class quizzes (15%). The final exam will be given during the final exam week at a date and time TBA. The three assignments are due on February 22, March 22, and on April 19. They are analytical and designed to reinforce the material from the readings and lectures and to prepare students for the final exam. Students are welcome to work with partners or small groups (no more than 4). When working in groups, however, each member should read the assignment and think carefully about it before collaborating. Students are welcome to turn in their assignments in class or using the drop box on the class website. There will be review/extra-help sessions on February 19, March 11, and April 15 from 3:00 to 4:30 in Room TBA. The sessions are completely optional, and are geared towards students who could use some extra practice with the class tools and concepts. 2 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course There will be a very short quiz before each case discussion (indicated in bold on the syllabus), generally administered at the beginning of class. These quizzes will be multiple choice and will not be onerous for students who are prepared for class. Excluding the first case discussion (Wachtell), there are 11 cases throughout the semester and the lowest two scores will be dropped. Students who expect to miss more than two case discussions – or are chronically late or unprepared for classes – should not enroll in this class. Exceptions will be made only in very unusual circumstances, as specified in the HLS guidelines for deferred examinations. Students with medical or family emergencies should contact the Dean of Students Office. 3 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course PART 1: BASIC FRAMEWORKS INTRODUCTION TO STRATEGY MONDAY, JANUARY 25 Readings: Michael Porter, “What is Strategy?” Harvard Business Review, Nov-Dec 1996. “Marketing” at Wachtell, Lipton, Rosen, and Katz (HBS: 9-496-037) Discussion Questions: Identify at least three ways that Wachtell Lipton differs from the typical firm in the “Am Law 100.” What is Wachtell Lipton's “strategic position”? Could another firm successfully imitate Wachtell Lipton's strategy? COMPETITIVE ADVANTAGE TUESDAY, JANUARY 26 Readings: Competitive Advantage (HBS: 8105) ‒ This interactive reading is in your Harvard Business School Publishing Packet. 4 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course INDUSTRY ANALYSIS & COLA WARS CASE DISCUSSION MONDAY, FEBRUARY 1 Readings: Besanko et al. “Performing a Five-Forces Analysis,” pp. 258-264 in Chapter 8 of The Economics of Strategy, 4th ed., Wiley, 2013. Cola Wars Continue: Coke and Pepsi in 2010 (HBS: 9-711-462) Discussion Questions: Why, historically, has the soft drink industry been so profitable? Compare the economics of the concentrate business to that of the bottling business. Why is the profitability so different? How has the competition between Coke and Pepsi affected the industry’s profits? Can Coke and Pepsi sustain their profits in the wake of flattening demand and the growing popularity of non-CSDs? MICROECONOMICS BASICS TUESDAY, FEBRUARY 2 Readings: A Note on Microeconomics for Strategists (HBS: 9-799-128) ‒ This reading is in your Harvard Business School Publishing Packet. 5 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course HUSKY INJECTION MOLDING SYSTEMS CASE DISCUSSION MONDAY, FEBRUARY 8 Readings: Husky Injection Molding Systems (HBS: 9-799-157) Discussion Questions: What is Husky’s strategy? How is it positioned relative to its competitors? Why has the company been so successful in the period prior to the recent problems? Suppose that large customer wants to produce 420 million thinwall containers per year. Assuming that they would run their injection molding machines for 20 hours per day, how many Husky machines would they need to purchase? How many of the competitor’s machines would they need to purchase? (You should get single digit answers.) The case tells us that Husky charges $400K for a thinwall system, which is $50K higher than the price charged by competitors. Is the Husky machine worth it? Could Husky charge more? If so, how much more could they charge? Recall that for a given customer, the relative willingness to pay advantage is equal to the price premium a firm can charge without losing the customer. That is, Husky can charge a premium if it produces a better product than its competitors: PH = PC + (BH – BC). So the real question is now much extra value a customer gets from a Husky machine: BH – BC. Now consider the Husky system that makes PET preforms for soft drink bottles. Is the Husky system really worth the additional $200K? In answering this question, you will need to calculate how many preforms a Husky PET system make in a year, and compare this to the competitor’s system. Exhibit 6 in the case gives information that will allow you to quantify several different sources of cost savings for the customer. Which are the most important? What has caused Husky’s current difficulties? How should Robert Schad, Husky’s CEO, respond to the current challenges? 6 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course GAMES AND DECISIONS TUESDAY, FEBRUARY 9 Readings: L. Cabral, “Games and Strategy,” pp. 49 - 63, Chapter 4 in Introduction to Industrial Organization, Cambridge: M.I.T. Press, 2000. DEBEERS CASE DISCUSSION MONDAY, FEBRUARY 15 Readings: Forever: De Beers and U.S. Antitrust Law (HBS: 9-700-082) Extra Notes on De Beers. Discussion Questions: What roles does DeBeers play in the diamond industry? Identify ways that DeBeers is creating new value and destroying existing value. Why do the major diamond producers agree to do business with DeBeers? 7 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course ANTITRUST AND COMPETITIVE STRATEGY TUESDAY, FEBRUARY 16 Guest Lecturer: Professor Hillary Greene, Inaugural Director of the Intellectual Property and Entrepreneurship Law Clinic and Professor of Law, University of Connecticut; Visiting Scholar, Harvard Law School; Former Project Director for Intellectual Property and Acting Deputy Assistant General Counsel for Policy Studies, Office of General Counsel, Federal Trade Commission. Readings: Note on Antitrust and Competitive Tactics (HBS: 9-703-493) ‒ This reading is in your Harvard Business School Publishing Packet. Additional background material may be found in the FTC’s Guide to Antitrust Laws: https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws 8 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course PART 2: AGENCY PROBLEMS IN ORGANIZATIONS PAY-FOR-PERFORMANCE MONDAY, FEBRUARY 22 Assignment #1 Due Today Readings: E. Lazear, “Variable Pay or Straight Salary?” pp. 97 - 131, Chapter 5 in Personnel Economics for Managers, Wiley, 1998. MGOA PHYSICIANS CASE DISCUSSION TUESDAY, FEBRUARY 23 Readings: Performance Pay for MGOA Physicians (A) (HBS: 9-904-028) Discussion Questions: In what ways does pay differ between academic physicians and private practitioners? Why do they differ? If you were a physician and MGOA, what kinds of activities would you want your colleagues to pursue? Why? Do you think that Herndon and Rubash's proposed new plan is a good idea? 9 Spier, Kathryn Business Strategy for Lawyers Spring 2016 course INTERNAL LABOR MARKETS MONDAY, FEBRUARY 29 Readings: J.
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