David Berger: Ending the One-Size-Fits-All Model of Corporate Governance

from Boardroom Governance with Evan Epstein · host David Berger, Evan Epstein

(0:00) Intro.(2:14) About the podcast sponsor: The American College of Governance Counsel(3:01) Start of interview. *Reference to prior episode with David (E24 from Nov 2020)(4:22) David's description of the ACGC(7:56) Post-Election Governance Changes (SEC, FTC, etc). ESG and DEI considerations. Federal vs state regulatory matters.(13:06) On crypto and digital assets in the new Trump administration.(14:51) On DOGE led by Elon Musk and Vivek Ramaswamy(18:46) Delaware's challenge as the Favored Corporate Home(26:54) Elon Musk's Rescinded Compensation in Tornetta v Musk, the plaintiff attorneys' fees.(31:04) On the Rome Conference on AI, Ethics, and the Future of Corporate Governance (April 2024).(35:18) Public Benefit Corporations (PBCs) in the AI industry. On Anthropic's LTBT. On corporate purpose.(46:56) ServiceTitan's compounding IPO ratchet (reference to my article about it). IPO market.(52:06) Biggest winner and loser in business in 2024(53:54) Biggest business surprise in 2024 (55:10) Best and worst corporate governance trend from 2024(57:41) Charter competition among states, and Federal vs. State Corporate Governance(1:00:04) What’s the biggest corporate governance trend to watch out for in 2025David Berger is a partner at Wilson Sonsini and serves as the President of the American College of Governance Counsel. You can follow Evan on social media at:X: @evanepsteinLinkedIn: https://www.linkedin.com/in/epsteinevan/ Substack: https://evanepstein.substack.com/__To support this podcast you can join as a subscriber of the Boardroom Governance Newsletter at https://evanepstein.substack.com/__Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License

What this episode covers

David Berger, a partner at Wilson Sonsini and the President of the American College of Governance Counsel. We dive into the rapidly shifting landscape of corporate governance—from post-election policy changes to the evolving role of AI, corporate purpose, and ESG in shaping boardroom priorities. We examine Delaware’s ongoing legal challenges, explore the current state of the markets, and consider how figures like Elon Musk are influencing government efficiency. We also unpack emerging governance models—especially how public benefit corporations (PBCs) fit into the new wave of AI leaders—along with the latest IPO, and the top governance trends from 2024. Finally, we examine the geopolitical risks reshaping global governance and consider what to watch for in 2025. If you like this show, please consider subscribing, leaving a review, or sharing this podcast on social media. You can also contribute by subscribing to the Boardroom Governance Newsletter at evanepstein.substack.com This podcast is sponsored by the American College of Governance Counsel.

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This episode was published on December 30, 2024.

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