Peter Atkins

Skadden, Arps, Slate, Meagher & Flom LLP

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A Brief Response Regarding Stakeholder Governance

The recently published “The Friedman Essay and the True Purpose of the Business Corporation” defends a view of stakeholder governance that reflects the following two basic flaws...more

9/22/2020 / Board of Directors , Business Judgment Rule , Corporate Governance , DE Supreme Court , Delaware General Corporation Law , Entire Fairness Standard , Fiduciary Duty , Non-Shareholders , Shareholders , Stakeholder Engagement

Stockholders Versus Stakeholders — Cutting the Gordian Knot

Directors of most for-profit U.S. corporations have long considered the corporation’s relationships with customers, employees, suppliers and the communities in which they operate — sometimes referred to as “stakeholders” — in...more

8/7/2020 / Board of Directors , Business Judgment Rule , Coronavirus/COVID-19 , Corporate Governance , Directors , Environmental Social & Governance (ESG) , Fiduciary Duty , Human Rights , Oversight Duties , Shareholders , Stakeholder Engagement

Directors’ Fiduciary Duties: Back to Delaware Law Basics

The dawn of a new decade brings with it the certainty of ongoing challenges to the conduct of public company directors based on alleged breaches of fiduciary duty. This note is a brief reminder for directors of Delaware...more

2/20/2020 / Board of Directors , Breach of Duty , Business Judgment Rule , Delaware General Corporation Law , Duty of Care , Duty of Loyalty , Fiduciary Duty , Independent Directors , Oversight Duties , Publicly-Traded Companies

Social Responsibility and Enlightened Shareholder Primacy: Views From the Courtroom and Boardroom

There is an ongoing debate about the role that publicly traded for-profit business corporations should play in addressing a broad range of problems confronting our world today. Many issues fall under the ESG label — meaning...more

2/4/2019 / Best Management Practices , Board of Directors , Business Judgment Rule , Corporate Governance , Corporate Social Responsibility , Environmental Policies , Fiduciary Duty , Publicly-Traded Companies , Shareholders

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