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

Boardroom Governance with 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(26:54) Elon Musk's Rescinded Compensation in Tornetta v Musk, the plaintiff attorneys' fees.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 2025

David 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: @evanepstein

LinkedIn: https://www.linkedin.com/in/epsteinevan/

Substack: https://evanepstein.substack.com/

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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