On Wednesday, August 13, 2025, the U.S. District Court for the Central District of California issued an order denying plaintiffs’ motion for a preliminary injunction to enjoin California’s Climate Corporate Data...more
8/15/2025
/ Amended Legislation ,
CARB ,
Climate Change ,
Constitutional Challenges ,
Disclosure Requirements ,
First Amendment ,
Greenhouse Gas Emissions ,
Legal History ,
Preliminary Injunctions ,
Reporting Requirements ,
Supremacy Clause
Glass, Lewis & Co. (Glass Lewis) filed a complaint in the U.S. District Court for the Western District of Texas on July 24, 2025, seeking to end SB 2337, which was recently signed into law in June and will become effective...more
7/29/2025
/ Constitutional Challenges ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
First Amendment ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Investment Advisers Act of 1940 ,
New Legislation ,
Pending Litigation ,
Proxy Advisors ,
Regulatory Requirements ,
Securities Regulation ,
Shareholders
Texas has enacted significant legislation in the past few months designed to attract more corporations to its state and challenge Delaware’s dominance as the preferred state for incorporation. We are now seeing the first...more
7/28/2025
/ Amended Legislation ,
Constitutional Challenges ,
Corporate Governance ,
Corporations Code ,
Derivative Suit ,
Dormant Commerce Clause ,
Employee Retirement Income Security Act (ERISA) ,
First Amendment ,
Glass Lewis ,
New Legislation ,
Pending Litigation ,
Proxy Advisors ,
Shareholder Litigation ,
Shareholders ,
State of Incorporation
The Delaware Supreme Court has agreed to accept questions certified to the court relating to the constitutionality of Senate Bill 21 (SB 21), which was signed into law back in March 2025. ...more
6/12/2025
/ Amended Legislation ,
Constitutional Challenges ,
Corporate Governance ,
DE Supreme Court ,
Delaware General Corporation Law ,
Fiduciary Duty ,
Judicial Authority ,
New Legislation ,
Related Parties ,
Safe Harbors ,
Shareholder Litigation ,
Shareholder Rights ,
State Constitutions ,
State of Incorporation ,
Statutory Interpretation
On May 19, 2025, Texas Gov. Greg Abbott signed Senate Bill No. 1057 (SB 1057) into law....more
5/21/2025
/ Business Entities ,
Commerce Clause ,
Constitutional Challenges ,
Corporate Governance ,
Corporations Code ,
Governor Abbott ,
Internal Affairs Doctrine ,
New Legislation ,
Publicly-Traded Companies ,
Rule 14a-8 ,
Securities Exchange Act of 1934 ,
Shareholder Proposals ,
Shareholders
On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more
4/17/2025
/ Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Federal Funding ,
First Amendment ,
Preliminary Injunctions
On April 8, 2025, President Donald Trump issued an executive order “aimed at securing America’s energy dominance by removing unlawful and burdensome state-level impediments to domestic energy production.”...more
4/10/2025
/ Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
Greenhouse Gas Emissions ,
Preemption ,
State and Local Government ,
Trump Administration
On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a lower court’s preliminary injunction blocking key provisions of President Donald Trump’s executive orders aimed at ending...more
As we previously reported, on February 3, 2025, a federal judge in Baltimore issued a preliminary injunction blocking key provisions of President Donald Trump’s executive orders aimed at ending programs supporting diversity,...more
On February 3, 2025, the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore...more
2/27/2025
/ Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Preliminary Injunctions ,
Separation of Powers ,
Trump Administration
On February 3, 2025, the U.S. District Court for the Central District of California granted a motion to dismiss filed by the California Air Resources Board (CARB), dismissing plaintiffs’ claims that SB 253 (the Climate...more
2/10/2025
/ CARB ,
Carbon Emissions ,
Climate Change ,
Commerce Clause ,
Constitutional Challenges ,
Disclosure Requirements ,
Dismissals ,
Extraterritoriality Rules ,
First Amendment ,
Greenhouse Gas Emissions ,
Regulatory Requirements ,
Supremacy Clause
On June 28, 2024, the U.S. Supreme Court rejected the long-standing Chevron test in Loper Bright Enterprises v. Raimondo. The Chevron test gave deference to a government agency’s expertise when a law is ambiguous regarding...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Constitutional Challenges ,
Consumer Product Safety Commission (CPSC) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Petition for Writ of Certiorari ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Separation of Powers
Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more
6/19/2024
/ Black Lives Matter ,
Board of Directors ,
Civil Rights Act ,
Constitutional Challenges ,
Corporate Counsel ,
Corporate Governance ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Equity ,
Investors ,
OFCCP ,
Pay Gap ,
Proxy Season ,
SCOTUS ,
Shareholder Proposals ,
Students for Fair Admissions v Harvard College ,
Title VI