Podcasts
Is it time to ditch the word ‘fiduciary’?

Is it time to ditch the word 'fiduciary'? The latest edition of the corporate governance podcast looks at a core boardroom term and why it might not be that relevant anymore.
Is it time to ditch the word 'fiduciary'?
Dan's latest guest is Marc Steinberg, the author of Corporate Director and Officer Liability — "Discretionaries" Not Fiduciaries, which unpacks the term fiduciary and uses real-world examples to explain why the term just doesn't make sense anymore.
Anyone looking to learn about corporate governance will come across the term 'fiduciary' very early on. It's a core boardroom principle stretching back decades.
Marc argues that the term doesn't reflect reality and presents an alternative that more accurately reflects the true, modern boardroom landscape.
Drawing on real-world examples from some of the biggest governance stories in the United States, Marc highlights how governance regulation impacts directors' lives and why we should change our outlook to reflect the modern reality.
About our guest
Professor Marc Steinberg is the Radford Chair in Law and Professor at Dedman School of Law at SMU – the Southern Methodist University in Dallas, Texas.
He has lectured or received appointments at several other premier universities, including UCLA, University of Pennsylvania and, over in Europe, at both the Universities of Oxford and Cambridge.
Additionally, Marc was an attorney at the Securities and Exchange Commission – the US federal agency responsible for regulating markets nationwide. He has been retained as an expert witness in several high-profile cases during this work.
Overall, Marc is considered one of America's most prolific experts in company law, having authored around 50 books and 150 law journal articles. Through this, he's developed a passion for zeroing in on the roles of governance professionals, analysing what they're really about, and calling out narratives that have to change.
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