Richard A. Posner, “The Embattled Corporation”
27 Oct 2020 Leave a comment
in applied price theory, comparative institutional analysis, economic history, economics of information, financial economics, history of economic thought, industrial organisation, law and economics, managerial economics, organisational economics, personnel economics, property rights, Richard Posner, survivor principle, theory of the firm Tags: corporate law
Is Corporate Law Still a Race to the Top? Frank Easterbrook
07 Nov 2019 Leave a comment
in economics of regulation, financial economics, law and economics, market efficiency, organisational economics, property rights, Public Choice Tags: corporate law
Why do economic consulting firms exist?
02 Feb 2015 1 Comment
in applied price theory, economics of bureaucracy, economics of information, financial economics, law and economics, managerial economics, organisational economics, survivor principle Tags: advice giving industries, corporate law, Deirdre McCloskey, directors duties, economic consultants
Directors’ duties are the reason why the companies hire economic consultants. What consultants say isn’t important; the fact that simply the directors of a company sought advice is what matters. Same goes for the public sector: you must know what you’re doing, you took advice from outside experts.
Central to avoiding being sued if the company goes broke, or otherwise gets into a spot of bother, is the directors show that they acted responsibly.
Central to this is they can show they took advice from esteemed advisers: an accountant, a lawyer and an economist. If they did so, they must be responsible prudent directors because they took advice.
Deirdre McCloskey argued that the advising industry lives off 19th century case law on directors’ and trustees’ duties.
If you take advice – from an accountant, a lawyer or an economist – and the business or investment still fails, it can’t be your fault that you lost the widow’s and orphans’s inheritance.
You took advice. That is what that 19th-century court held with regard to what directors do and do not have to do given the fact that are not involved in the business on a day to day basis.
James Burk, a sociologist and former stockbroker… found that the advice giving industry sprang from legal decisions in the early 19th century.
The courts began to decide that the trustee of the pension fund or a child’s inheritance could be held liable for bad investing if they did not take advice. The effect would have been the same had the court decided that prudent man should consult a Ouija boards or the flight of birds…
America decided through its courts than an industry giving advice on the stock market should come into existence, whether or not it was worthless.
Therefore, it doesn’t matter what you say as a consultant economist to a company, the fact you’ve said something to them is more important to them than what you are saying. Seeking and receiving your advice excused them from being sued for breach of their directors duties for a couple of days.
Utopia, you are standing in it! 
Recent Comments