Evolution of Fiduciary Duties
Panel
GAIL North America hosted and led a conversation exploring fiduciary duties.
The panelists, keen and experienced observers of corporate jurisprudence, discussed the evolution of fiduciary duties to the present day, and where such duties may be headed in an age of growing environmental and social accountability and the need to balance the interests of competing stakeholders.
Watch a recording of this event below.
This event is in English.
Moderator

Founding Partner, Bromberger Law PLLC | Chair, GAIL North America
As GAIL North America’s chapter President, Allen Bromberger looks forward to supporting impact lawmakers in this new paradigm. As Founding Partner, Bromberger Law, Allen is nationally recognized for his groundbreaking work on the development of non-profit and for-profit legal structures that support the simultaneous pursuit of financial and social goals. Through his legal practice, as author of The Art of Social Enterprise, and as a speaker about the intersection of business and philanthropy, Allen has been at the forefront of the fourth sector and social enterprise movements that have risen to prominence in recent years. Allen’s expertise in corporate matters and business transactions includes social venture formation, finance, joint ventures, mergers and acquisitions, strategic philanthropy, cause marketing, IP licensing, and regulatory compliance. From foundations and family offices to funds and entrepreneurs, Allen offers counsel and serves as a trusted advisor and connector for his clients. Allen’s ambition is to build legal systems for social benefit that will thrive for years to come.
Panellists

CEO, Global Investor Collaboration Services
Keith is CEO of Global Investor Collaboration Services, LLC, which facilitates institutional investor stewardship collaboration and provides related governance and educational services. He previously served as Chief Legal Officer at the ninth largest US pension fund and was Co-Chair of Institutional Investor Services at the US law firm, Reinhart Boerner Van Deuren s.c. Keith was also Co-Editor of the Cambridge University Handbook of Institutional Investment and Fiduciary Duty and President of the US National Association of Public Pension Attorneys.

Counsel, Wachtell, Lipton, Rosen & Katz – ESG, Corporate Governance and M&A
Carmen X. W. Lu is Counsel in Wachtell Lipton’s Corporate Department where she advises public and private companies and boards of directors across industries on ESG and corporate governance matters and evolving market trends, expectations and practices.
Carmen advises companies and their boards of directors on matters relating to ESG disclosure, oversight, strategy, policies and practices; ESG governance and board oversight; shareholder and stakeholder engagement on ESG matters; evaluation and identification of ESG risks and opportunities; climate transition planning and “net zero” targets; evolving market, industry and regulatory expectations and requirements; shareholders proposals; shareholder activism; crisis management; director independence board and committee composition and structure; securities regulation; proxy disclosures; listing standards and proxy advisors.
Carmen received a B.A. summa cum laude in Political Science from Yale University in 2012, where she was a member of Phi Beta Kappa and received the Arthur Twining Hadley Prize as the highest ranking graduate. She received her J.D. from Yale Law School in 2016, where she was articles and essays editor of the Yale Law Journal and executive editor of the Yale Journal on Regulation.

Partner, Freshfields Bruckhaus Deringer
David, an international financial services lawyer, became a partner in Freshfields Bruckhaus Deringer in 2004. He has advised the full range of financial market participants, dealing with some of the market’s most prominent regulatory bodies. He is particularly known for his work on law and finance culture and on sustainable finance. He is the author of The Social Licence For Financial Markets: Reaching For The End And Why It Counts (Palgrave Macmillan 2020) and recently completed co-authoring A Legal Framework For Impact: Sustainability Impact in Investment Decision Making (Freshfields Bruckhaus Deringer 2021), a multi-jurisdictional report commissioned by the UNEPFI, PRI and The Generation Foundation on the extent to which the law requires or permits investors to seek to tackle some of humanity’s most pressing sustainability challenges.