Wednesday, February 3, 2016

BlackRock's Fink Wants CEO Strategic Plans to Stem "Quarterly-Earnings Hysteria"

Laurence Fink, CEO of BlackRock, the largest asset manager in the U.S., wrote a letter to the CEO's of S&P 500 Companies urging reforms aimed at fostering long-term valuation creation and curbing a myopic focus on near-term profits.  Fink has long been a public advocate of long-term valuation creation for the health of American companies and the wealth of society (for an example see this April 2015 letter on the "gambling nature" of the economy").  His message has been consistent:  long term, long term, long term. 

Citing to increased dividends and buyback programs as evidence of corrosive short-termism, Fink laid out a modest play for action.  He asks every CEO to publish an annual strategic plan signed off on by the board.  The CEO strategic plan should communicate the vision for the company and how such long-term growth can be achieved.  

[P]erspective on the future, however, is what investors and all stakeholders truly need, including, for example, how the company is navigating the competitive landscape, how it is innovating, how it is adapting to technological disruption or geopolitical events, where it is investing and how it is developing its talent. As part of this effort, companies should work to develop financial metrics, suitable for each company and industry, that support a framework for long-term growth. 

Fink wants companies to create these long-term vision statements as a routine part of governance and not just in the context of hedge-fund motivated proxy fights.  The idea is that informing the investing public as to the long-term direction of the company and short-term obstacles frames the company message and dampens the "quarterly earnings hysteria".  Also interesting to me as I approach a class on corporate social responsibility is Fink's encouragement of companies to pay more attention to social and environmental risks as increasingly difficult obstacles that must be addressed as part of a long term plan.  Fink also called upon lawmakers to incentivize a long-term view by thinking beyond the next election cycle as would be needed to enact tax reform (specifically capital gains) and increased resources for infrastructure.  

As readers of the blog know, I am in interested in the long-term/short-term debate and have written past posts about it. How controversial would such a CEO statement be?  Venture capital/private equity funds investing in companies often require an annual CEO statement.  If the language can be crafted to avoid liability for future statements, what are the downsides?  Tipping off competitors and losing information advantages or first actor advantages?  Letting lesser competitors free ride and adopt market leaders's plans a year or two later?  Exposing the board of directors and officers to breached duty claims for failure to meet the objectives? (this last one seems very unlikely given the liability standards and exculpation provisions.)     

The financial press and blogs are awash in stories on this. If you are interested in the related commentary, here are a few:

NYTimes

Reuters

Bloomberg

Business Insider

CNBC

The Globe & Mail

 -Anne Tucker

http://lawprofessors.typepad.com/business_law/2016/02/laurence-fink-ceo-of-blackrock-the-largest-asset-manager-in-the-us-wrote-a-letter-to-the-ceos-of-sp-500-companies-urging.html

Anne Tucker, Business Associations, Corporate Governance, Corporations, CSR, Financial Markets, Legislation, Management, Shareholders | Permalink

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