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Corporate purpose, CSR, and ESG have been the themes dominating the debate on corporate law and governance on both sides of the Atlantic for several years. While similar trends are visible in policy debates, significant differences remain: European legislation has, for a long time already, established specific CSR/ESG reporting obligations, and the EU has proposed a comprehensive framework for corporate sustainability due diligence with substantial implications for a wide range of companies. Within Europe, in other words, the trend is, to a large extent, regulatory in nature. In the United States, by contrast, the debate has largely been driven by activist shareholders and other stakeholders, with regulators like the US Securities and Exchange Commission (SEC) only recently stepping forward with regulatory agendas which have met considerable resistance. Thus, it would be a mistake to interpret the ongoing discourse on the public corporation’s fundamental role in economies and society as identical. This book brings together first class authors from the United States and Europe to explore further commonalities and differences, building on analyses of recent developments in the broader legal environment.

Authors

Jens-Hinrich Binder

Chair in Private Law, Company and Securities Law
University of Tuebingen
Research Member

Klaus Hopt

Emeritus Professor
Max Planck Institute for Comparative and International Private Law
Fellow, Research Member

Thilo Kuntz

Professor
Heinrich-Heine-University Düsseldorf
Academic Member

Holger Spamann

Lawrence R. Grove Professor of Law
Harvard Law School
Fellow, Research Member

Jacob Fisher

Rüdiger Veil

Edward Rock

Martin Lipton Professor of Law
NYU Law
Fellow, Research Member

Irene-marié Esser

Iain MacNeil

Harwell Wells

Ann Lipton

Professor of Law
University of Colorado Law School
Research Member

Guido Ferrarini

Emeritus Professor of Business Law
University of Genoa
Fellow, Research Member

Michele Siri

Professor of Corporate Law and Financial Markets Regulation and EUSFIL Director
University of Genoa - Department of Law
Academic Member

Christoph Kumpan

Stefan Thomas

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