Date: 20 February 2016 | Time: 3.15pm to 5pm | Location: Neill Lecture Theatre, 2nd Floor, Trinity Long Room Hub.

Chair: Professor Deirdre Ahern, Law School, Trinity College Dublin 

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Institutional Investor Engagement and the End User Investor: Agency Problems, Fiduciary Duties and Accountability in the Investment Claim

Mr Tom Kelly, Trinity College Dublin

After the global financial crisis, attention was focused on institutional investors in two major ways: their short-termism and their passivism. A useful tool in the resulting debate in how to deal with these issues is the end user investor, the individual at the end of the investment chain whose contributions form the capital of the institutions. These individuals potentially suffer an agency problem from institutional investors, just as institutional investors potentially suffer an agency problem from management and directors.  This “double agency” problem is a substantial element that is missing from debates surrounding regulatory proposals.

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The Companies Act 2014: The Duty to Act in Good Faith in the Interests of the Company

Ms Katie Glennon, Trinity College Dublin 

The Companies Act 2014 is the most consolidatory piece of legislation ever attempted under Irish company law. This paper examines the foremost fiduciary duty of directors, the duty to act in good faith in the interests of the company. Section 5 of the Companies Act 2014 has for the first time given a physicality to this onerous and largely theoretical legal concept. The ramifications of the codification of this duty go to the heart of the Shareholder Primacy versus Stakeholder theory debate. It requires examination of Enlightened Shareholder Value and an in depth discussion of the role of the company. This paper will explore the hauntings of the common law duty present in this reformatory legislation and question whether the promise of a streamlined system of company law application has indeed been achieved.

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“With Great Power Comes Great Responsibility:” Obligations on Private Financing in the Realm of Societal Development

Ms Maura Kavanagh, Trinity College Dublin

Copyright Infringement in the digital age is simple, fast, and prolific. Peer to peer sharing and downloading of copyright content is ubiquitous, and an entrenched facet of the digital environment – from Napster to uTorrent, illegal downloading has never been more popular.

Three content enforcement mechanisms are in place to protect copyright material in Ireland – two graduated response systems, a notice and takedown system, and a blocking injunction system. Each of these is discussed in comparison with other global examples with the conclusion that education is as important as enforcement in digital copyright in 2016 and beyond.