Benjamin Means discusses the unique governance challenges of family-controlled companies, drawing on his book Principles of Family Business Law. The conversation explores shareholder oppression, succession planning, fiduciary duties, and how boards can navigate the overlap between family, ownership, and management.
(0:00) Intro, *Reference to prior episode with Ben Means (E105)
(1:36) About the podcast sponsor: The American College of Governance Counsel.
(2:23) Start of interview.
(3:39) The Premise of his new book Family Business Law
(6:48) Understanding Shareholder Oppression
(10:17) The Three-Circle Model Explained
(13:34) The Personal Impact of Family Business
(16:24) Boards in Family Businesses
(18:09) The Importance of Voice
(20:47) Overlapping Family and Business Law *Reference to my episodes on HBO's Succession
(24:36) The Succession Challenge (transference to next generation or sale of company)
(28:18) Fiduciary Duties and Governance. *Reference to the Market Basket litigation
(34:03) Family Protocols: A Solution?
(35:13) Societal Impact of Family Businesses *Reference to E204 with Eric Ries
(38:24) Innovations in Governance and Family Businesses. Pros and Cons of LLCs
(42:56) Features of a New Family Structure
(46:05) The Rise of Family Offices
Benjamin Means is a Professor of Law, the John T. Campbell Chair in Business and Professional Ethics, and Director of the Family & Small Business Program at the University of South Carolina Joseph F. Rice School of Law.