Lawrence Cunningham: "Amid Heightened Uncertainty, Directors Should Expect To Be Second Guessed."

Welcome to the Boardroom Governance Podcast. I’m your host, Evan Epstein. In this episode, I talk with Larry Cunningham, a Special Counsel in Mayer Brown’s New York office. Larry is a member of the firm’s Capital Markets and Public Companies & Corporate Governance practices where he advises public companies and boards of directors in those areas and advises investment managers and shareholders on investor relations. Larry is the Henry St. George Tucker III Research Professor of Law emeritus at George Washington University. This is his second appearance on my podcast, the first time was on E36 in June of 2021. In this podcast, we talk about his recent transition to private practice after 30 years of teaching and some of the take-aways from the speech he delivered earlier this year for the 37th Annual Francis Pileggi Distinguished Lecture in Law at Delaware Law School to the state’s corporate bench and bar. We also tackle some current trends, such as the directors’ role amid debates over corporate purpose, stakeholders and ESG. We address the SVB collapse and the ongoing financial crisis, and his advice for boards who have been or could be affected on the fundamentals of governance amid this heightened uncertainty. Finally, we talk about share buybacks and Warren Buffett's position in this financial crisis. If you like this show, please consider subscribing, leaving a review or sharing this podcast on social media. You can find all the show notes on the website boardroom-governance.com and please feel free to subscribe to the Boardroom Governance Newsletter at evanepstein.substack.com