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Constitutional Challenges › Diversity › Publicly-Traded Companies

Allen Matkins

Does The Stock Market Believe That California's Board Diversity Mandates Enhance Firm Value?

Allen Matkins on

In 2018 and 2020, California enacted laws mandating that publicly held corporations (as defined) having their principal executive offices in California have specified minimum numbers of directors who are female and from...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

Wilson Sonsini Goodrich & Rosati

Nasdaq Board Diversity Rules Struck Down

Wilson Sonsini Goodrich & Rosati on

On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Securities and Exchange Commission’s (SEC’s) order approving The Nasdaq Stock Market LLC’s (Nasdaq’s) board diversity listing standards....more

Holland & Knight LLP

Fifth Circuit Upholds Nasdaq Board Diversity Rule

Holland & Knight LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit upheld Nasdaq's board diversity rule, which the SEC first approved in August 2021 and was then challenged as unconstitutionally discriminatory and an improper...more

Goodwin

California Law Requiring Female Directors on Public Company Boards Held Unconstitutional

Goodwin on

Ruling Follows Similar Decision on Underrepresented Minority Directors in April 2022 - A California court has held that California Senate Bill 826, which required that “publicly held” corporations that listed a California...more

Latham & Watkins LLP

California Gender Board Diversity Law Is Held Unconstitutional

Latham & Watkins LLP on

The law suffers the same fate as the California board diversity law requiring directors from “underrepresented communities.” On May 13, 2022, Los Angeles Superior Court Judge Maureen Duffy-Lewis issued a ruling in Crest...more

Foster Garvey PC

Judge Strikes Down California Board of Directors Diversity Law

Foster Garvey PC on

A Los Angeles Superior Court judge recently ruled that California Assembly Bill 979 violated the state’s constitution. What is California Assembly Bill 979?...more

Cooley LLP

Another complaint filed against California board diversity statutes

Cooley LLP on

Yesterday, yet another complaint was filed in federal district court charging that California’s board diversity statutes, SB 826 and AB 979, are unconstitutional under the equal protection provisions of the 14th Amendment. ...more

Goodwin

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action

Goodwin on

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action; NASDAQ Board Diversity Rules Challenged in Fifth Circuit; Delaware Court of Chancery Declines to Enforce Contractual Limitations on Liability to Bar Contractual Fraud...more

Allen Matkins

Will This Proposed Law Discriminate Against Minority Males And Non-Binary Persons?

Allen Matkins on

In 2018, California enacted legislation, SB 826 (Jackson), mandating that publicly held corporations with their principal executive offices in California have a minimum number of female directors.... The legislature is now...more

Allen Matkins

As The Clock Winds Down, Criticism Of California's Gender Quota Bill Winds Up

Allen Matkins on

The Governor has until this Sunday to sign or veto bills passed by the legislature before September 1. Cal. Const. Art. IV, Sec. 10(b)(2). One bill in the Governor's inbox is SB 826. If signed by the Governor, SB 826 would...more

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