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Executives, managers, and employees use legal knowledge with varying levels of sophistication which I term "pathways of legal strategy." There are five discrete pathways of legal strategy that firms use in their legal environment of business. The avoidance pathway focuses on circumvention of legal rules. Firms practicing conformance seek minimum compliance with legal obligations. Prevention firms apply business knowledge to avert legal wrongdoing. Value firms leverage legal knowledge to create and capture value. Firms pursuing a transformation strategy use legal knowledge to redefine the organization or an industry. Each of these pathways is analyzed for its distinct traits regarding the manager’s perception of the law, the level of legal knowledge in the organization, and the role of legal experts, and the pathway’s reinforcement of organizational goals. The pathways can help organizations identify strategic uses of legal knowledge, highlight any mismatches, and develop a clear trajectory in order to shift from one pathway to another. The first three pathways (avoidance, conformance, and prevention) will be addressed in this chapter.
This chapter explores whether legal knowledge is not only a valuable resource of a firm, but also a resource that can produce a competitive advantage that’s sustainable against the responses of rivals. This chapter first briefly summarizes the resource-based view of the firm, a prominent management theory used to determine if resources can be leveraged to achieve a sustainable competitive advantage. This chapter then shows how legal knowledge and business strategy can operate together to achieve firm goals, and also highlights contributions to scholarly literature on this subject which is generally known as legal strategy. The chapter next inquires whether legal knowledge can be a source of sustainable competitive for organizations. After defining sustainable competitive advantage, the chapter evaluates whether legal knowledge possesses the four traits necessary to support a sustainable competitive advantage – value, rarity, imperfect imitability, and the absence of equivalent substitutes. The chapter concludes that legal knowledge can embody all four traits, and thus be a source of sustainable competitive advantage.
This chapter addresses how the pathways of legal strategy can be applied in practice. The first part of this chapter presents three case studies that show how firms can respond to common legal challenges. The mandate to stop sexual harassment, the protection of intellectual property rights, and the prohibitions related to anti-corruption are all used as examples of how each pathway can be applied with varying levels of effectiveness. The second part of the chapter explores how a firm can elevate its implementation of legal knowledge from one pathway to another. This part shows how companies can evolve their legal practices from avoidance to conformance, conformance to prevention, prevention to value, and value to transformation. Although not every legal issue is transformative, understanding how the pathways work in practice can help firms deploy their legal knowledge as effectively as possible.
A contract is an important tool for organizations to obtain and sell resources, and its value is typically measured by the benefit acquired through the exchange. Viewing a contract only through this instrumental lens, however, leaves significant value unrealized. A contract is not just a tool for acquisition, but also a mechanism for governance, an instrument of coordination, and a relational lever to build trust and familiarity over time. The chapter identifies how organizations can use their legal knowledge of contracts to generate a collaborative advantage for both parties. The chapter will first explore how a contract can be a source of cocreated collaborative advantage. It will then show that contracting parties build trust by going through three levels of trust in order to have a trust-based relational contract from which significant value can be harvested. Finally, the chapter will examine how firms can preserve contractual value when trusting relationships are either limited or absent.
Continuing the exploration of transformative legal risk management, this chapter addresses the remaining two risk dimensions that govern a VUCA environment: complexity and ambiguity. Complexity is an environment that contains numerous interconnected parts, accepts inputs, generates outputs, and develops a capacity to learn and remember. The fourth and final dimension of VUCA is ambiguity. Especially challenging for firms deploying legal knowledge, ambiguity is an environment where causes and effects propelling events forward are largely unknown, the firm does not know whether an organized system will emerge, and little historical precedent exists for determining the most appropriate course of action. The chapter defines complexity and ambiguity, explains how they are applicable to legal risk, and articulates strategies for firms to use their legal knowledge to anticipate and address complex and ambiguous legal problems.
The previous chapter summarized the first three pathways: avoidance, conformance, and prevention. These pathways represent conventional and widely used applications of legal knowledge. This chapter continues the presentation of the five pathways of legal strategy by introducing the remaining two pathways: value and transformation. The value pathway focuses on using legal knowledge as a source of value creation and capture. The transformation pathway perceives legal knowledge as a strategic asset, and uses that knowledge to reshape the market or the organization. These remaining two pathways are distinct because they enable acquisition of a competitive advantage, and in some cases a sustainable competitive advantage, in a fashion that most firms do not generally pursue.
Failure to attract external financing is a common puzzle for start-up firms and often leads to the use of entrepreneurs' personal funding, typically with the help of their family. With little entrepreneurial experience, nascent entrepreneurs will have no factual signals to show external investors, except their characteristics or those of their family. The literature mainly focuses on the net effects of entrepreneurs' personal capital endowments in isolation on start-up capital structure despite emerging appreciation of the importance of family-related factors. However, little is known about which combinations of capital endowments across capital dimensions (i.e., human, social, and financial capital) or generations (i.e., parent and child) will likely affect the level of external funding. Drawing on signaling theory, we adopt a configurational approach to examine the compositions of intergenerational capital endowments that are sufficient to shape external funding. Conducting a fuzzy-set qualitative comparative analysis of Chinese privately owned enterprises of nascent entrepreneurs, we identify four typical family prototypes that feature intergenerational capital endowments for low external funding. Findings highlight the significance of family dynamics in China and their role in shaping new venture financing by displaying intergenerational signals.
The literature shows that social media enhances individual stakeholders’ ability to directly influence firm behaviors, paying less attention to how it enables different stakeholder groups to influence firms collectively. Drawing on the stakeholder multiplicity perspective in stakeholder theory, this study theorizes and empirically demonstrates that social media can empower lower-salience stakeholders to drive the actions of higher-salience stakeholders to influence firm behaviors. By analyzing 506 consumer crises involving foreign and local companies in China from 2000 to 2020, we find that firms take more substantial responsibility when confronted with consumers’ social-media-based collective actions than when confronted with conventional channels of consumer complaints. This heightened responsibility stems mainly from collective actions’ tendency to spur law-enforcing agencies into addressing alleged firm misdeeds, demonstrating a stakeholder multiplicity effect of social media empowerment. We also identify the institutional contingency of this effect, showing that local governments’ bureaucratic capacity positively moderates collective actions’ effect on law-enforcing actions, whereas their intervention in firms’ operational decisions negatively moderates law-enforcing actions’ effect on firms’ responsibility assumption. This study extends the understanding of social media's relationship with stakeholder influence and consolidates the stakeholder multiplicity perspective in stakeholder theory.
Organizations and managers often implement workplace training programs aimed at fostering collaboration, belonging, and respect among employees. However, the effectiveness of these programs can be undermined when they are framed in ways that only resonate with some participants while alienating others. We propose that moral reframing can enhance the success of such initiatives by aligning messaging with a broader range of moral perspectives. Drawing on moral foundations theory, we identify five key dimensions, care, fairness, loyalty, authority, and purity, that shape how individuals interpret and respond to workplace training efforts. Although many programs emphasize care and fairness, individuals who prioritize loyalty, authority, and purity may perceive them differently, leading to disengagement, skepticism, or resistance. We argue that strategically framing training initiatives across multiple moral frameworks can foster greater engagement, buy-in, and overall effectiveness. Additionally, we offer practical recommendations for organizations to implement moral reframing strategies, ensuring that training efforts resonate with a wider audience and contribute to a more cohesive and productive workplace.
Contemporary business and management research in China has advanced rapidly, making significant strides in the introduction of theoretical frameworks, research methodologies, local theory development, and practical applications. Much of this research continues to draw on Western theories, and since the reform and opening up, Chinese management research has evolved through distinct stages of globalization and localization. Today, it faces new challenges amid anti-globalization trends. At this critical juncture, the key question is whether China should continue integrating Western theories or capitalize on the opportunity to develop indigenous management theories. This paper explores the differences in scientific development concepts and focuses between China and the West, the historical trajectory of Chinese management research, and the challenges and opportunities that lie ahead. To enhance China's contribution to global management research, we propose that it is essential to sustain international collaboration, deepen understanding of frontline enterprise practices, promote micro-level research and interpretation with Chinese characteristics, and cultivate an open academic community, while optimizing the research evaluation system.
We replicate and extend Jia, You, and Du's (2012) study. We added samples from the last 13 years (from 2011 to 2023) and analyzed these new samples using the same methodology as the 2012 article. Our replication found that in the last 13 years, 4 articles in the six leading journals and 16 articles in Management and Organization Review (MOR) have the highest degree of Chinese contextualization in concepts (what), their relationships (how), and the logics underlying the relationships (why). The Chinese context continues to contribute novel knowledge. The extension study fully demonstrates that in the 20 years since its birth, MOR has been on the path of pursuing its original aspiration and realizing its mission. On the what, why, and joint contextualization dimensions, the proportion of articles published in MOR with high contextualized theoretical contributions is higher than the proportion in the six leading journals. On the theory-building dimension, the overall degree of the articles published in MOR is higher than that of those published in the six leading journals. This indicates that MOR publishes articles that are not only of high quality and make general theoretical contributions, but also are highly relevant to the Chinese context.
The rise of online voicing and campaigns empowered by digital technologies and online social media is rejuvenating retail investor activism that has been mostly ignored in the traditional offline setting. This article argues that online activism that is initiated by retail investors will affect managerial attention intensity and attention priority on environmental issues, thus promoting green innovation. Using a Chinese-listed companies database with 13,795 firm-year observations over the period from 2011 to 2018, our results confirm that online environmental activism induces corporate green innovation. Online activism is more effective when the retail investor base holds larger shares in total and presents questions with a more intensely negative tone. Additionally, the above-mentioned moderating effects are stronger in digital firms. Our study offers insights into the online patterns of shareholder activism in the digital era and highlights the role of minority voicing in promoting corporate sustainable transformation.
Using a unique data set of firms listed on China’s Shenzhen Stock Exchange, we show that investors’ corporate site visits convey information about future stock returns. Firms with abnormally frequent investor visits predictably outperform firms with abnormally infrequent investor visits by approximately 70-to-100 basis points per month. This return predictability concentrates on neglected firms with low trading volumes and when investors incur higher travel costs. Abnormally frequent investor visits accompany increased holdings among visiting institutions and predict improvements in firms’ fundamental performance, consistent with institutions using visits to gain an information advantage regarding underpriced firms.
The significance of conducting site visits and in-depth research by fund companies is to consistently deliver stable and substantial returns to clients through professional expertise. (Lei Jing, CEO of Harvest Fund Management Co., Ltd., China)
We study how managers react to shareholder empowerment that makes votes on shareholder proposals binding. We empirically exploit staggered legislative changes that introduce such empowerment for proposals regarding majority voting in director elections. We find that managers become more responsive to shareholder requirements by initiating majority voting through either management proposals or governance guidelines. This early action crowds out shareholder proposals. Further results suggest compromised implementation: Managers adopt provisions that give them greater control over the channel of implementation and allow them to retain directors who fail in elections. Our results suggest that managers retain substantial discretion to modulate shareholder requirements. This article was partially completed when Wu was at Fudan University. Any errors are attributable solely to the authors.