Roundtable Discussion on The American Law Institute’s Reinstatement of the Law, Corporate Governance: The Purpose of the Corporation

Date/Time
Date(s) - 08/03/2021
12:30 pm - 2:00 pm

The discussion will focus on the current preliminary draft of Section 2.01 (The Objective of the Corporation), and will be moderated by NYU’s Martin J. Lipton Professor of Law, Edward Rock, Reporter for the Restatement. Panelists will include: David J. Berger of Wilson Sonsini, Robert E. Denham of Munger, Tolles & Olson, Holly J. Gregory of Sidley Austin, James E. Nevels of the Swarthmore Group, and Wendell L. Willkie II of the American Enterprise Institute (AEI).

The discussion will center on a series of hypotheticals designed to illuminate some of the key issues around shareholder v. stakeholder approaches, how we should understand limiting corporate action to “within the boundaries of law,” and the impact of the Restatement’s approach on corporate decision making. This session will provide an opportunity for Fellows to provide feedback and commentary to assist in the further development of the draft Restatement.