News & Analysis as of

Appeals Diversity

Vorys, Sater, Seymour and Pease LLP

Diversity, Equity and Inclusion Back on the Chopping Block after Federal Appeals Court Ruling

On Friday, March 14, 2025, a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit stayed, pending appeal, the injunction previously entered by Judge Adam Abelson of the U.S. District Court for the District of...more

Fenwick & West LLP

Appeals Court Lifts Injunction on Trump Administration’s DEI Executive Orders

Fenwick & West LLP on

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

Polsinelli

Nationwide Injunction Shuts Down Enforcement of Trump’s DEI Executive Orders

Polsinelli on

On February 21, 2025, a federal district court judge issued a nationwide preliminary injunction that blocks enforcement of three major provisions of President Trump’s Executive Orders related to Diversity, Equity and...more

Meyers Nave

Federal Court Partially Blocks Trump’s DEI Executive Orders, Adding to Compliance Uncertainty for California Employers and...

Meyers Nave on

Key Takeaways - - A federal District Court in Maryland has temporarily blocked, nationwide, portions of two of President Trump’s Executive Orders restricting DEI (Diversity, Equity, and Inclusion) programs within the federal...more

Snell & Wilmer

Federal Court Blocks DEI Executive Orders Nationwide

Snell & Wilmer on

Last week, a federal court in Maryland issued a memorandum opinion and a nationwide preliminary injunction preventing enforcement of certain provisions of President Donald Trump’s Executive Orders related to diversity,...more

Foley Hoag LLP - Public Companies & the Law

SEC approves Nasdaq’s proposal to remove board diversity rules to align with 5th Circuit’s mandate

As we previously posted, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules last month, after which Nasdaq indicated that it did not intend to seek further...more

Seward & Kissel LLP

U.S. Court of Appeals for the Fifth Circuit Vacates SEC’s Approval of Nasdaq’s Board Diversity Rules

Seward & Kissel LLP on

On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated the U.S. Securities and Exchange Commission’s (“SEC”) approval of The Nasdaq Stock Market LLC’s (“Nasdaq”) Board Diversity Rules....more

Perkins Coie

Nasdaq Board Diversity Rules Vacated; SEC Approval Found “Arbitrary and Capricious”

Perkins Coie on

In a 9-8 decision on December 10, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down Nasdaq’s efforts to promote diversity on public company boards. The case, Alliance for Fair Board Recruitment v. SEC, vacated...more

Foley Hoag LLP - Public Companies & the Law

Nasdaq’s Board Diversity Rules Struck Down by 5th Circuit

On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules. These rules were approved by the SEC on August 6, 2021 and required listed...more

Akin Gump Strauss Hauer & Feld LLP

Nasdaq Diversity Rule Deemed Unenforceable By 5th Circuit

On December 11, 2024, the U.S. Court of Appeals for the 5th Circuit, sitting en banc, ruled that The Nasdaq Stock Market LLC (Nasdaq) cannot enforce previously adopted listing rules requiring Nasdaq-listed companies to have...more

Sullivan & Worcester

Nasdaq Board Diversity Rule Struck Down by Federal Court

Sullivan & Worcester on

Yesterday, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules. While the SEC has not yet indicated if it will appeal,...more

Ward and Smith, P.A.

Reflections from the 2024 AJEI Summit: A Focus on Appellate Innovation and Integrity

Ward and Smith, P.A. on

Last week, I had the pleasure of attending the 2024 Appellate Judges Education Institute (AJEI) Summit in Boston, Massachusetts. The Summit was an enriching experience, offering deep insights into the evolving dynamics of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

Foster Swift Collins & Smith

Recommendations for DEI Programs in the Wake of Recent Federal Court Decision Findings on Diversity Initiatives

On June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion...more

Butler Snow LLP

LLCS & Jurisdictional Allegations in the Fifth Circuit: It’s Membership, not Ownership

Butler Snow LLP on

By now, attorneys practicing in the Fifth Circuit should know that if a case is in federal court on the basis of diversity jurisdiction, they must ensure that the record supports the diversity of citizenship requirement, lest...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Appeals Court Holds That Nonprofit Foundation’s Race-Based Grant Giving Contest Likely Violates Federal Law

The decision by the Eleventh Circuit Court of Appeals imperils one strategy for remedying societal racial inequities and creates legal risk for many DEI initiatives. A panel of the Eleventh Circuit held that grant programs...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit’s Fearless Fund Ruling and Its Potential Effect on the Use of Race-Conscious Criteria in Grantmaking

In the wake of last year’s Supreme Court decision in Students for Fair Admissions, Faegre Drinker has been tracking numerous legal developments regarding the use of race-conscious criteria in various fields of endeavor,...more

Jenner & Block

Northern District of Texas Declares Key Provision in Minority Business Development Act of 2021 Unconstitutional in Nuziard v....

Jenner & Block on

On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services...more

Fisher Phillips

Florida’s “Stop WOKE” Act Struck Down on Appeal: What Employers Need to Know

Fisher Phillips on

A recent federal appeals court decision likely puts an end to a two-year battle impacting Florida employers and their workplace diversity, equity, and inclusion training. The 11th U.S. Circuit Court of Appeals ruled on March...more

Proskauer - Corporate Defense and Disputes

Fifth Circuit Court of Appeals Rejects Challenge to Nasdaq’s Board-Diversity Rules

The U.S. Court of Appeals for the Fifth Circuit denied review of the Securities and Exchange Commission’s approval of proposed rules promulgated by the Nasdaq Stock Market concerning the diversity of directors on...more

Snell & Wilmer

Board Diversity Initiatives Falter in the Courts but Investor Interest Is Likely to Remain Strong

Snell & Wilmer on

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more

Moritt Hock & Hamroff LLP

MH&H Finance & Law Newsletter, Vol. IX

At the intersection of commercial finance, technology, and the law, this bi-monthly newsletter explores the emerging legal topics impacting the secured lending and equipment finance industry. Thought-leading attorneys from...more

McDermott Will & Emery

A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic...more

Snell & Wilmer

California’s Board and Ethnic Diversity Statutes Declared Unconstitutional

Snell & Wilmer on

In a ruling on April 1, 2022, a Superior Court in the County of Los Angeles invalidated Assembly Bill 979 (“AB 979”), a California bill requiring increased diversity on public company boards, which was signed into law by...more

Sheppard Mullin Richter & Hampton LLP

Los Angeles Superior Court Invalidates California Board Diversity Statute, Rendering It Ripe for Review by the California Court of...

In Crest v. Padilla, No. 20STCV37513 (Cal. Super. Apr. 1, 2022), the Superior Court of California for the County of Los Angeles (Green, J.) declared that Section 301.4 of the California Corporations Code is unconstitutional...more

34 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide