News & Analysis as of

Minorities Diversity and Inclusion Standards (D&I)

Husch Blackwell LLP

Impact of New Executive Actions on Local Governments: Key Updates on Minority and Women Contracting Programs

Husch Blackwell LLP on

President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” has potential for wide ranging impacts on local government policies and programs related to diversity, equity, and...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

McDermott Will & Emery

Fifth Circuit Vacates SEC Order Approving Nasdaq Board Diversity Rules

McDermott Will & Emery on

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

Goodwin

Nasdaq Board Diversity Rules Vacated by En Banc Fifth Circuit Decision

Goodwin on

In an en banc decision filed on December 11, 2024, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated the 2021 approval by the U.S. Securities and Exchange Commission (SEC) of rules adopted by The Nasdaq...more

Wilson Sonsini Goodrich & Rosati

Nasdaq Board Diversity Rules Struck Down

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

Fenwick & West LLP

Nasdaq Board Diversity Rules Struck Down by Fifth Circuit

Fenwick & West LLP on

In August 2021, the SEC approved new board diversity rules requiring Nasdaq-listed companies (i) to include a board diversity matrix in their proxy statement or on their website and (ii) to disclose whether they have one...more

Constangy, Brooks, Smith & Prophete, LLP

Diversity has no boundaries: The short-lived discrimination lawsuit against NYU Law Review

Diversity efforts are not synonymous with discrimination. A first-year law student at New York University, identified as Plaintiff John Doe, sued the institution in October 2023, challenging the selection process for...more

Weber Gallagher Simpson Stapleton Fires &...

Diversity Matters Newsletter Spring 2024 Edition

“Our people made that choice, the choice to go to Sameness... We relinquished color when we relinquished sunshine and did away with a difference. We gained control of many things. But we had to let go of others.” -The...more

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

DEI Under Scrutiny, Part VII: Re-examining the Implementation of ‘Rooney Rule’ Diverse Slate Initiatives

The National Football League’s (NFL) “Rooney Rule,” which requires teams to consider minority candidates when filling certain coaching vacancies, has been considered a model for diverse slate hiring policies, but it is now in...more

Troutman Pepper Locke

State AGs Write Amicus Brief Arguing Nasdaq Diversity Rule Is Unconstitutional

Troutman Pepper Locke on

Republican attorneys general (AGs) from 19 states, led by Utah AG Sean D. Reyes, filed an amicus brief urging the Fifth Circuit to rehear a case after a panel of judges declined to entertain a lawsuit challenging diversity...more

Steptoe & Johnson PLLC

Fifth Circuit Upholds Nasdaq’s Rules on Board Diversity

Steptoe & Johnson PLLC on

In Alliance for Fair Board Recruitment v. SEC, a panel of three 5th U.S. Circuit Court of Appeals judges upheld Nasdaq’s rules on board diversity. The rules require each Nasdaq-listed company to disclose information on the...more

Brownstein Hyatt Farber Schreck

Republican AGs Set Sights on Corporate DEI After Affirmative Action Decision

Last week, 13 Republican state attorneys general published a letter to the largest companies in the country, creating confusion, uncertainty and risk for businesses that have sought to adopt diversity, equity and inclusion...more

Franczek P.C.

Federal Court Tackles Issue of Arbitrability in NFL Race Discrimination Suit, with Split Results

Franczek P.C. on

Last year, we wrote about former National Football League coach Brian Flores and his lawsuit in February 2022 alleging racial discrimination against the NFL and several of its teams. In his lawsuit, Flores claimed that the...more

Wilson Sonsini Goodrich & Rosati

Considerations in Complying with Nasdaq Rule 5606

In August 2021, the U.S. Securities and Exchange Commission (SEC) approved new board diversity listing standards for companies listed on The Nasdaq Stock Market LLC (Nasdaq). As part of these new listing standards, Nasdaq...more

Weber Gallagher Simpson Stapleton Fires &...

Diversity Matters Newsletter Winter 2023 Edition

As we all reflect on 2022 and set goals for 2023, one of our goals should be to renew our commitment to WG’s DEI Strategic Plan. Although we all can easily (and quickly) become overwhelmed by never-ending to-do lists and...more

Furia Rubel Communications, Inc.

How to Achieve DE&I in Law Firms Now with Roberta “Bobbi” Liebenberg

In this episode of On Record PR, Gina Rubel goes on record with Roberta “Bobbi” Liebenberg, senior partner at Fine, Kaplan and Black, to discuss steps law firms can take to achieve better diversity within their organizations....more

BCLP

Reminder: Initial Board Diversity Matrix Now Required for Nasdaq Companies

BCLP on

All Nasdaq-listed companies must now disclose a board diversity matrix by the later of (1) August 8, 2022, or (2) the date the company files its proxy statement for the 2022 annual meeting of shareholders (or, if companies do...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

McGlinchey Stafford

NFL’s Rooney Rule: The Flores Discrimination Suit’s Impact on DEI initiatives [More with McGlinchey Ep. 38]

McGlinchey Stafford on

The NFL designed the Rooney Rule in 2002 to increase the recruitment of ethnic minorities in coaching positions. But recently, former Miami Dolphins head coach, Brian Flores, filed a collective action lawsuit against the NFL...more

Mitratech Holdings, Inc

The OFCCP in 2022 - What’s in Store?

Where did 2021 end? In a muddle. In the spring, the country was reaching COVID ‘herd immunity’ through vaccination. Then came summer and the Delta strain of the virus, followed by Christmas Eve, when 3,000 airline flights...more

Gray Reed

SEC Approves Nasdaq Board Diversity Proposal

Gray Reed on

On August 6, 2021, the Securities and Exchange Commission (the “SEC”) approved the board diversity rule proposed by the Nasdaq Stock Market LLC (“Nasdaq”) mentioned in our previous article (the “Board Diversity Rule”). Nasdaq...more

Morgan Lewis

Energy Companies Must Prepare Now for New Board Diversity Regulations

Morgan Lewis on

The composition of the average company’s board of directors is more varied and unique than ever before. Nonetheless, as a whole, the energy sector lags behind the average publicly traded company in terms of increasing the...more

The Volkov Law Group

A Recent Report Card on Board Diversity

The Volkov Law Group on

For all the hype about ESG, board accountability, stakeholder demands for diversity and inclusion, a recent report on board diversity shows little change.  That is not surprising....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

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

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