The influential American Law Institute (ALI) will soon issue its first restatement of the law of corporate governance after more than a quarter century. This period has seen the rise not only of non-controlling shareholders, but also of a greatly evolved legal and political environment that has favored additional stakeholders. The restatement thus presents an opportunity to reexamine global trends.
In this interactive conversation, the Salzburg Global Corporate Governance Forum explored shareholder value maximalization, as a concept, and whether, if it may no longer be sustainable politically or economically, then should it be a requirement legally. We were joined by leading scholars and practitioners from different angles, including key figures involved in the ALI restatement.
Time: 90 minutes (formal program) followed by 30 minutes optional additional café-style conversation.
Discussions took place in plenary and small breakout groups. As always, we adhered to the Chatham Rule in order to allow for candid and open exchange of ideas.
After the initial 90-minute program, we left the zoom open to allow for small virtual café-style conversations of 2-5 people, to provide participants the opportunity to explore the topic further or to network with each other.
The Forum is primarily intended to benefit directors and principals of corporations organized and operating in various jurisdictions who want an off-the-record opportunity to explore and address some of the greatest challenges facing them as directors in the coming decade. The aim is to help them return to their boardrooms with new ideas which they can implement, and with new partnerships and insights, so that they can become thought leaders and change makers for the coming decades.
Within the overall group, directors are supplemented by additional voices representing other constituents, based on their relevance to the topic and ability to present constructive but divergent views. These include senior managers; judges, regulators, and policymakers; lawyers; thought leaders and academics; investors; and representatives of key civil society interest groups.
Since its inauguration in 2015, the Forum has welcomed participants from 25 countries: Australia, Austria, Brazil, Canada, China, France, Germany, Greece, India, Israel, Italy, Japan, Korea, Mexico, The Netherlands, Norway, Romania, Singapore, South Africa, Spain, Sweden, Switzerland, Turkey, the UK, and the USA.