Laurence Fink, CEO of BlackRock. Photo credit: Wilson Center via Wikimedia Commons.

From climate change risk to diversity, a lot of general counsel are already working on corporate social responsibility issues in their companies.

Once considered the realm of a few “do-gooders,” CSR is now a legitimate business concern. And even more so this week, after the head of the world's largest investment firm, BlackRock Inc., told the world's largest businesses that they need to “make a positive contribution to society” if they want BlackRock's support.

In his annual letter to CEOs, Laurence Fink, BlackRock's co-founder, chairman and CEO, said that society today “is demanding that companies, both public and private, serve a social purpose. To prosper over time, every company must not only deliver financial performance, but also show how it makes a positive contribution to society.”

Fink called for a new model of corporate governance and shareholder engagement, one that focuses on improving the long-term value of the company over short-term profits.

But can Fink's letter change company behavior? Experts disagreed.

“It may be a watershed moment on Wall Street, one that raises all sorts of questions about the very nature of capitalism,” wrote Andrew Ross Sorkin in his column in the New York Times.

The article quoted Jeffrey Sonnenfeld, a senior associate dean at the Yale School of Management and an expert on corporate leadership, as saying, “It will be a lightning rod for sure for major institutions investing other people's money. It is huge for an institutional investor to take this position across its portfolio.”

But University of Delaware professor Charles Elson thinks otherwise. “The letter is much ado about little,” Elson told ALM. “Realistically, it doesn't have much impact.”

Elson holds a chair in corporate governance and finance, and is director of the school's John L. Weinberg Center for Corporate Governance.

“I don't disagree that companies should do good,” he said. “I believe ultimately doing good generates good returns for companies. But what do you mean by that? What is the litmus test? How do you demonstrate 'doing good'? What metrics will you use to measure it?”

The bottom line, Elson said, is the letter may have an impact in the political world, but not much of an effect on corporations.

However, another knowledgeable academic strongly disagreed. “It's fascinating. I absolutely think it will have an impact,” said Jill Fisch, law professor and co-director of the Institute for Law and Economics at the University of Pennsylvania Law School.

She said she was not bothered by the lack of detail about strategies and metrics in Fink's letter. “The vagueness is exactly right,” Fisch said. “It's not up to shareholders to micromanage companies or tell them how to do this. It's up to the shareholders to say, this is important and we want you to pay attention to these concerns.”

For each company, she said the strategy could be different, depending on factors such as company size, industry and geography.

Fisch said she has been “frustrated for years” over sustainability in the U.S., where the issue has been marginalized while other countries take it much more seriously. U.S. companies give lip service to sustainability, she said, writing reports that are not part of their annual report, not standardized, and not designed to hold companies accountable.

“The fact that a big, mainstream shareholder is taking this on and saying this is important because it's related to my interests as a shareholder, I think that matters, and that companies will start paying a lot more attention,” Fisch said.

Walter Mix III, head of the financial services practice at the consultant firm Berkeley Research Group, also thought the letter was significant. Mix, a former commissioner of the California Department of Financial Institutions, advises clients on governance and risk among other matters.

He said, “Whenever thought leaders take a position as he has, it will almost certainly have an impact going forward.”

Mix said CSR is definitely one of the top issues facing all industries, especially financial services. In the past two to three years, he added, “corporate governance has been a common thread running through most issues, including the Bank Secrecy Act, anti-money laundering, sales practices and numerous others.”

What difference will the letter make? Mix said, “If I were the director of a large financial institution, I would want to be sure that the relevant board committees, including governance and risk, took a hard look at the potential applicability of the letter to the institution.”

He added, “It provides a good opportunity to take a step back and seek objective, independent advice” on CSR and corporate governance policies.