News & Analysis as of

Corporate Governance Diversity and Inclusion Standards (D&I) Diversity

Latham & Watkins LLP

Recent Developments for UK PLCs - April 2025

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On 14 March 2025, the FCA published Primary Market Bulletin 54, which raised concerns around the leaking of inside information by individuals at a company or by its advisers on live M&A transactions. The FCA specifically...more

Fenwick & West LLP

Proxy Advisors, Institutional Investors Shift Diversity Policies and Mandates

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Some proxy advisors and institutional investors have made changes to their diversity policies and mandates, including the following ...more

Wilson Sonsini Goodrich & Rosati

ISS and Glass Lewis: Board Diversity Voting Policies

On February 11, 2025, Institutional Shareholder Services (ISS) announced a change to its voting policy with respect to board diversity. ISS will no longer consider the gender and racial and/or ethnic diversity of U.S. company...more

Akin Gump Strauss Hauer & Feld LLP

ISS Indefinitely Halts Consideration of Diversity Factors When Making Proxy Voting Recommendations

On February 11, 2025, Institutional Shareholder Services (ISS) announced that it is suspending the consideration of diversity factors when making voting recommendations for directors at U.S. public companies. ISS’s press...more

ArentFox Schiff

ESG Update: Political Pressure and Courts Roll Back Corporate ESG Efforts

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The second Trump presidency has arrived. With it – and particularly the Trump Administration’s push back on diversity, equity, and inclusion (DEI) programming at many levels – many organizations are under increased pressure...more

Mintz

Calling the Right DEI Play for the NFL

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Today's Wall Street Journal story about Roger Goodell's decision to maintain the NFL's DEI programs reported that Mr. Goodell stood by the football league’s diversity initiatives, which would not change in response to the...more

Fenwick & West LLP

SEC Approves Nasdaq Proposal to Remove Board Diversity Rules

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The Securities and Exchange Commission (SEC), as expected, has approved Nasdaq's recent proposal to remove the board diversity rule from its Listing Rules....more

Ward and Smith, P.A.

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Ward and Smith, P.A. on

Part 2 of The DEI Stalemate builds on the lessons learned in the first session, focusing on practical strategies for implementing successful DEI initiatives without legal missteps. Attorneys X. Lightfoot, Avery Locklear, and...more

Fenwick & West LLP

Nasdaq Proposes Eliminating Board Diversity Disclosure Rule

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Last week, Nasdaq filed a proposed rules change with the Securities and Exchange Commission to remove the board diversity rule from Nasdaq's Listing Rules....more

Jenner & Block

Client Alert: DEI on the Defensive—Predictions for 2025

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While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take...more

Mintz

[Podcast] Mintz on Air: Predictions and Practical Policies- Diversity Diversions

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In the latest episode of the Mintz on Air: Predictions and Practical Policies Podcast, ESG Co-chair Jen Rubin hosts a thoughtful discussion on diversity diversions and the future of DEI programs under the new administration....more

Eversheds Sutherland (US) LLP

Fifth Circuit rejects Nasdaq's board diversity rule approved by SEC

After various legal battles over the past four years, a recent en banc decision by the Fifth Circuit Court of Appeals vacated the Securities and Exchange Commission’s (SEC) approval of the Nasdaq board diversity proposal,...more

Skadden, Arps, Slate, Meagher & Flom LLP

ESG: A Review of 2024 and Key Trends To Look for in 2025

In this article, we reflect on key trends in ESG over the second half of 2024 and look ahead at trends that may emerge in 2025. We analyze developments in the latter half of 2024, which were similar to those highlighted in...more

Keating Muething & Klekamp PLL

Securities Snapshot: 4th Quarter 2024 - 2025 Reporting Season – Key Considerations

As we bid farewell to 2024, we welcome not only another year but also several new disclosure requirements. In this Snapshot, we summarize several developments and best practices for public companies to consider as the 2024...more

Society of Corporate Compliance and Ethics...

DEI considerations for compliance professionals

In recent years, diversity, equity, and inclusion (DEI) have gained heightened attention as organizations recognize the moral and business imperatives behind fostering diverse work environments. This shift is not only a...more

Fenwick & West LLP

Securities Law Update - December 2024

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Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on...more

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

Fifth Circuit Nullifies Nasdaq’s Diversity Rule for Corporate Boards

A federal circuit court recently vacated a U.S. Securities and Exchange Commission (SEC) order approving Nasdaq’s diversity rule for boards of directors of public companies....more

Venable LLP

Fifth Circuit Vacates Nasdaq's Board Diversity Rules: Key Implications for the 2025 Proxy Season

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On December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit, in a 9-8 en banc decision, vacated the approval of Nasdaq's board diversity rules by the Securities and Exchange Commission (SEC). The court held that the...more

BCLP

California Amends Its Sweeping Venture Capital Demographic Reporting Rule

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Last year, as we previously reported, California Governor Newsom signed into law Senate Bill 54, Fair Investment Practices by Investment Advisers, which requires “covered entities,” defined as a “venture capital company” that...more

A&O Shearman

Fifth Circuit Vacates SEC Order Approving Nasdaq’s Board Diversity Proposal

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On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a 9-8 en banc decision, vacated NASDAQ’s Board Diversity Rules (the “Rules”) in Alliance for Fair Board Recruitment v. SEC, finding that the...more

McDermott Will & Emery

Fifth Circuit Vacates SEC Order Approving Nasdaq Board Diversity Rules

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

Alston & Bird

Fifth Circuit Court Vacates SEC’s Approval of Nasdaq’s Board Diversity Rules

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Our Securities Group unpacks the Fifth Circuit decision striking down Nasdaq’s board diversity rules approved in 2021 by the Securities and Exchange Commission (SEC)....more

Bradley Arant Boult Cummings LLP

Fifth Circuit Court of Appeals Strikes Down Nasdaq Board Diversity Disclosure Rules

On December 11, 2024, the Fifth Circuit Court of Appeals held that the Securities and Exchange Commission (SEC) does not have the authority to approve Nasdaq’s board diversity disclosure rules. As a result, Nasdaq-listed...more

White & Case LLP

Nasdaq Board Diversity Disclosure Rules No Longer in Effect After Overturning by Court

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On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a 9-8 vote, struck down The Nasdaq Stock Market's ("Nasdaq") board diversity rules, holding that the Securities and Exchange Commission (the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Nasdaq Board Diversity Rules Vacated by the Fifth Circuit

On December 11, 2024, in a 9-8 decision, the United States Court of Appeals for the Fifth Circuit ruled that in approving the Nasdaq Stock Market’s (Nasdaq) board diversity rules (the Rules), the Securities and Exchange...more

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