News & Analysis as of

Diversity and Inclusion Standards (D&I) Publicly-Traded Companies Corporate Counsel

Foley Hoag LLP - Public Companies & the Law

10 Disclosure Considerations for Public Companies Given Trump’s and DOJ’s Outlook on “Illegal DEI”

As we previously explained, Trump issued a handful of executive orders aimed at eliminating diversity, equity and inclusion (“DEI”) programs and policies within the federal government and encouraged the private sector...more

Perkins Coie

Proxy Season and the Administration’s New DEI Order

Perkins Coie on

As part of its campaign promise to target diversity, equity, and inclusion (DEI) programs and practices, the new administration issued a January 21, 2025, Executive Order entitled “Ending Illegal Discrimination and Restoring...more

BCLP

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

BCLP on

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....more

Proskauer - Corporate Defense and Disputes

Federal Court Invalidates California’s Board-Diversity Statute

A California federal court held that a California statute requiring California-based corporations to have a minimum number of directors from designated under-represented groups violates the federal Constitution’s Equal...more

Jenner & Block

Client Alert: State Legislators Target Diversity Statements in Latest Effort to Dismantle DEI Initiatives

Jenner & Block on

As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began...more

Moore & Van Allen PLLC

Racial Equity Audits: The New ESG Frontier

Moore & Van Allen PLLC on

Investors and shareholders are more frequently requesting racial equity audits of large companies to demonstrate their attention to ESG and DEI goals. Moore & Van Allen PLLC attorneys Valecia M. McDowell and Elena F. Mitchell...more

Cadwalader, Wickersham & Taft LLP

New Rules on Diversity and Inclusion Reporting for Company Boards and Executive Management in the UK

The UK Financial Conduct Authority (“FCA”) has published its final policy decision on disclosure regarding diversity and inclusion targets for boards of directors and executive committees of certain UK-listed companies. The...more

Fenwick & West LLP

California Court Finds California Board Diversity Law Unconstitutional

Fenwick & West LLP on

On April 1, 2022, the Superior Court of California, County of Los Angeles granted the plaintiffs’ motion for summary judgment in a case challenging the legality of AB 979 under the California Constitution...more

Foley Hoag LLP

REMINDER: 2022 Nasdaq Board Diversity Disclosure and D&O Questionnaires

Foley Hoag LLP on

As issuers prepare for the end of the 2021 calendar year and the beginning of the 2022 proxy season, many will soon begin circulating director and officer questionnaires. Nasdaq-listed issuers should consider including new...more

Allen Matkins

Is Self-Identification Antithetical To Remedying Discrimination?

Allen Matkins on

As has been previously discussed in this space, California Secretary of State Shirley N. Weber is seeking dismissal of a federal court challenge to California's director quota mandates - SB 826 and AB 979.  Alliance For Fair...more

Katten Muchin Rosenman LLP

SEC Approves NASDAQ's Board Diversity Disclosure Requirements - Capital Markets Compass | Issue 1

On August 6, the Securities and Exchange Commission (SEC) approved Nasdaq listing rules implementing new board diversity disclosure requirements that will apply to most Nasdaq-listed companies (Nasdaq Board Diversity Rules)....more

Foley Hoag LLP - Public Companies & the Law

SEC Approves Nasdaq Board Diversity Rules

As if issuers needed a reminder that it’s always the right time to be thinking about board composition, earlier this month, the SEC approved new Nasdaq rules that will require companies listed on that exchange to collect and...more

McDermott Will & Schulte

SEC Approves New Nasdaq Board Diversity Disclosure Rules

On August 6, 2021, the US Securities and Exchange Commission (SEC) approved a Nasdaq rule change that requires its listed companies to have diverse boards or explain why they do not. Subject to certain issuer exemptions and...more

Fenwick & West LLP

SEC Adopts Nasdaq Rules on Board Diversity

Fenwick & West LLP on

On August 6, 2021, the U.S. Securities and Exchange Commission approved new listing rules regarding board diversity and disclosure, described in our prior Client Alert. The new rules will require a Nasdaq-listed company to...more

Allen Matkins

Is Self-Identification Solely A Question Of Belief?

Allen Matkins on

California's statutes requiring that publicly held corporations have a minimum number of female directors and directors from "underrepresented communities" rely upon the individual's self identification.  Cal. Corp. Code §§...more

Allen Matkins

Does Hilaria Baldwin Qualify As A Member Of An "Underrepresented Community"?

Allen Matkins on

Last year, California Governor Gavin Newsom signed AB 979 (2020 Cal. Stats. ch. 316) into law.  No later than the end of this year, "publicly held corporations" with their principal executive offices in California are...more

Fenwick & West LLP

Nasdaq Proposes New Rules on Board Diversity

Fenwick & West LLP on

Nasdaq has filed a proposal with the U.S. Securities and Exchange Commission to adopt new listing rules regarding board diversity and disclosure. The proposed rules would require a Nasdaq-listed company to have at least two...more

Dorsey & Whitney LLP

It’s Really Time to Talk Diversity in D and O Questionnaires (with Updated Sample Question and Summary of Nasdaq’s Proposed Rules)

Dorsey & Whitney LLP on

On December 1, 2020, Nasdaq submitted a proposal to the SEC seeking approval of new listing requirements for board diversity. The stated goal of the proposal is to provide stakeholders with a better understanding of a...more

Littler

New California Law Mandates Corporate Board Diversity

Littler on

In the midst of national conversations surrounding racial equity and social justice, Governor Gavin Newsom signed AB 979 into law on September 30, 2020. AB 979 is a first-of-its-kind legislation requiring that no later than...more

Littler

New Year, New Trend? New York to Require Corporate Reporting on Number of Women on the Board

Littler on

New York State recently enacted a new law (A 6330/S 4278) mandating a study of the proportion of female members on the boards of corporations authorized to do business in the state. To implement the study, the law requires...more

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