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Equal Protection › Corporate Governance

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Allen Matkins

Race/Gender/Ethnicity Based Share Restrictions

Allen Matkins on

Yesterday's post took note of a proposed initial public offering by Bally's Chicago, Inc. that would impose a stockholder qualification based on race, gender and ethnic status.  This qualification requirement is intended to...more

Venable LLP

Illinois Law Requiring Certain Not-For-Profits to Disclose Demographic Data Challenged in Federal Court

Venable LLP on

Illinois' General Not-For-Profit Corporation Act (Act) was amended to begin requiring certain Illinois not-for-profits to annually report on the demographics of their governing bodies as of January 1, 2025....more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

Butler Snow LLP on

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Davis Wright Tremaine LLP

Project W: The Invisible Struggle for Black Women

Davis Wright Tremaine LLP on

Protect Black women. Believe Black women. Do better for Black women. That is the call to action from Tiffani Lambie, Director, DEI Operations at Davis Wright Tremaine. Tiffani shares her experience as Black woman in the...more

Robins Kaplan LLP

Considerations for D&O Insurance in Light of the Changing Diversity, Equity, and Inclusion (DEI) Legal Landscape

Robins Kaplan LLP on

After George Floyd’s death in May 2020, companies (including their directors and officers) are facing increasing liability exposure and scrutiny from both sides of the political aisle relating to diversity, equity, and...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

Maynard Nexsen

Board Diversity in the Balance: Federal Court Holds that California’s Board of Directors Diversity Requirement Violates Equal...

Maynard Nexsen on

Public Company Advisory Client Alert: On May 15, 2023, the U.S. District Court for the Eastern District of California granted summary judgment for the Alliance for Fair Board Recruitment, finding that California Assembly...more

Herbert Smith Freehills Kramer

Corporate Governance: 2022 Midyear Review

Herbert Smith Freehills Kramer on

The first half of 2022 illuminated important trends in the corporate governance space. In recent months, there were notable developments in the enforcement of economic sanctions and export control measures, and the oversight...more

Perkins Coie

California Court Overturns Board Gender Diversity Statute

Perkins Coie on

A Los Angeles Superior Court judge struck down California’s board gender diversity statute on May 13, 2022. The court found that Senate Bill 826 violated the California Constitution’s Equal Protection Clause....more

Pillsbury Winthrop Shaw Pittman LLP

California Board Diversity Rules: Struck-Down Statutes and Paths Forward

Pillsbury Winthrop Shaw Pittman LLP on

Even as California’s courts block the state’s landmark pieces of legislation, the push for board diversity persists. Over the last four years, California has enacted two landmark pieces of legislation regarding the...more

CDF Labor Law LLP

Los Angeles County Trial Court Strikes Down Another California Board Diversity Law

CDF Labor Law LLP on

Last month, on May 13, Los Angeles County Superior Court Judge Maureen Duffy-Lewis ruled that SB 826, which requires publicly held California corporations with a principal executive office in California to follow gender...more

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

California Courts Strike Down Laws Requiring More Women and Diversity on Boards

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

The California courts have cast doubt on the legality of laws mandating the number of women and individuals from “underrepresented communities” on the boards of directors of publicly traded corporations based in California....more

Nelson Mullins Riley & Scarborough LLP

UPDATE: California Court Says Second State Board Diversity Law Is Unconstitutional

Nelson Mullins Riley & Scarborough LLP on

California courts have now struck down the second of the state’s two board diversity laws as unconstitutional.  The recent decision affects California's gender diversity requirement for certain boards of directors.  In April,...more

Jackson Lewis P.C.

California Courts Have Found Two Statutes Requiring Diversity in the Makeup of Public Company Boards of Directors Unconstitutional

Jackson Lewis P.C. on

In April, a Los Angeles Superior Court held that Assembly Bill (AB) 979 which required publicly-held corporations headquartered in California to diversify by adding “underrepresented communities” to their board of directors,...more

WilmerHale

California Court Strikes Down Law on Board Diversity

WilmerHale on

On Friday, May 13, a California Superior Court judge struck down Senate Bill (“SB”) 826—California’s landmark gender diversity law regarding the representation of women directors on the boards of publicly held corporations...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Trial Court Strikes Down Women on Boards Law

Skadden, Arps, Slate, Meagher & Flom LLP on

On May 13, 2022, a judge of the Los Angeles County Superior Court ruled in Crest v. Padilla, Case No. 19STCV27561, that California’s statute requiring California-based public companies to have one to three women on their...more

Mayer Brown Free Writings + Perspectives

California Board Diversity Laws Struck Down by Court

Mayer Brown Free Writings + Perspectives on

In a little over a month’s time, the Superior Court of California (the “Superior Court”) struck down both AB 979 and SB 826, California’s two board diversity statutes. SB 826 required that a public company whose principal...more

Herbert Smith Freehills Kramer

Court Finds California Board Gender Diversity Statute Unconstitutional

Herbert Smith Freehills Kramer on

On May 13, the Superior Court of California, County of Los Angeles, issued a verdict following a bench trial that effectively struck down SB 826, a California statute requiring the boards of public corporations based in the...more

Mintz - Employment Viewpoints

Two Strikes Against Board Diversity: What’s Next for Statutory Governance Initiatives?

Mintz - Employment Viewpoints on

On the heels of the April 1, 2022 court decision striking down California’s groundbreaking statute requiring underrepresented community mandates for corporate boards, a different trial court dealt the state’s corporate...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

Littler

Corporate Board Diversity: Next Steps for Employers After Court Strikes Down California Board Diversity Law

Littler on

On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate...more

Nelson Mullins Riley & Scarborough LLP

California Court Rules State Board Diversity Requirement Unconstitutional — Where Do We Go From Here?

Nelson Mullins Riley & Scarborough LLP on

Earlier this month, a Los Angeles County Superior Court order put the brakes on one of California’s much contested board diversity requirements, a decision certain to reverberate among the business community and efforts to...more

CDF Labor Law LLP

Judge Holds CA BOD Diversity Law Violates Equal Protection Laws

CDF Labor Law LLP on

On April 1, 2022, a Los Angeles County judge ruled that AB 979, which requires publicly held corporations with a principal executive office in California to have at least one member of the Board of Directors from an...more

Proskauer - California Employment Law

Court Declares California Law Requiring Diverse Corporate Boards Unconstitutional

Proskauer - California Employment Law on

As discussed in our previous blog, on April 1, 2022, Los Angeles Superior Court Judge, Terry Green, granted summary judgment in favor of individuals represented by D.C.-based nonprofit Judicial Watch, declaring Assembly Bill...more

Cadwalader, Wickersham & Taft LLP

California’s Board Diversity Law Tossed by Judge; Other Board Diversity Efforts Continue

Cadwalader, Wickersham & Taft LLP on

On April 1, 2022, Judge Terry Green of the Los Angeles Superior Court struck down California’s AB 979, which required publicly held companies based in California to have at least one board director from an “underrepresented...more

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