Larry Ribstein is a smart, albeit conservative, academic at the University of Illinois who writes about corporate governance issues (among other business issues at Ideoblog) and has been a long-time blogger. Lucian Bebchuk is a liberal professor at Harvard who is one of the — if not the — leading liberal voice on corporate governance issues. I had the opportunity to work on a case in which Bebchuk provided his expertise, and the man is remarkable.
When both Ribstein and Bebchuk agree that salary caps passed last week are no good — Bebchuk here and Ribstein here — that concerns me greatly. Although Ribstein’s opposition might be predictable, Bebchuk’s is not. Here he is:
To be sure, incentive compensation in many public companies has been flawed. Some incentive compensation has been so in name only, and some of it has provided perverse incentives to focus on short-term results to the detriment of long-term performance.
But these problems require tightening the link between pay and long-term performance — not giving up on it altogether. Mandating that at least two-thirds of an executive’s total pay be decoupled from performance, as the stimulus bill does, is a step in the wrong direction.
This makes sense to me, and I hope that Bebchuk and the Congressional Oversight Panel’s Elizabeth Warren — also at Harvard — talk about this and work to come up with some long-term solutions that focus on, as Bebchuk writes “long-term performance.”
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