News & Analysis as of

Proposed Rules Nasdaq Corporate Governance

Troutman Pepper Locke

New Texas Stock Exchange Aims at Nasdaq and NYSE

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On April 4, the Texas Stock Exchange's (TXSE) Form 1 application for registration as a national securities exchange was publicly released by the U.S. Securities and Exchange Commission (SEC). The application contains a wealth...more

Foley Hoag LLP - Public Companies & the Law

SEC approves Nasdaq’s proposal to remove board diversity rules to align with 5th Circuit’s mandate

As we previously posted, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules last month, after which Nasdaq indicated that it did not intend to seek further...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

ArentFox Schiff

Nasdaq Rule Change Lengthens Reverse Stock Split Notice Period

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Last November, Nasdaq proposed a rule change that would lengthen the notification period for companies conducting reverse stock splits from five business days to 10 calendar days. The rule change became effective immediately...more

Davis Wright Tremaine LLP

5th Circuit Again Adopts Restrictive View of Exchange Act Purposes and SEC Regulatory Power

On December 11, 2024, the 5th Circuit issued another important opinion (for the third time this year) requiring that an administrative agency's rules fit squarely within the statutory scheme that empowers the agency to act....more

Fenwick & West LLP

Securities Law Update - August 2024

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Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains news on...more

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

DEI Under Scrutiny, Part XII: Scope of Pending Legal Challenge to Nasdaq’s Diversity Rule Narrows

On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed...more

Cooley LLP

SEC posts NYSE and Nasdaq proposals for clawback listing standards

Cooley LLP on

It was just November last year when the SEC finally adopted rules to implement Section 954 of Dodd-Frank, the clawback provision. (Remember that Dodd-Frank dates to 2010 and the clawback rules were initially proposed by the...more

BCLP

NYSE and Nasdaq release their proposed clawback rule for listed companies

BCLP on

What happened - On February 22, both the NYSE and Nasdaq posted their proposals for new listing rules in response to the SEC’s final clawback rules. The proposals would establish the following compliance schedule...more

McDermott Will & Schulte

Nasdaq Changes Compliance Deadlines for Board Diversity Rules

McDermott Will & Schulte on

On August 6, 2021, the US Securities and Exchange Commission (SEC) approved the listing rules proposed by The Nasdaq Stock Market LLC (Nasdaq) to advance board diversity and enhance the transparency of diversity statistics...more

Herbert Smith Freehills Kramer

Diversity in the Boardroom: A Litigation and Governance Update (UPDATED)

As noted in previous client alerts (including here), boardroom diversity continues to be an increasing focus of stakeholders ranging from legislators to institutional investors to retail stockholders. In recent years, their...more

Katten Muchin Rosenman LLP

Client Alert: SEC Approves Nasdaq's Board Diversity Disclosure Requirements

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 (the Board Diversity Rules). The...more

Holland & Knight LLP

SEC Approves Nasdaq's Plan to Improve Diversity on Company Boards

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The U.S. Securities and Exchange Commission (SEC) approved Nasdaq Stock Market LLC's proposed rule changes related to board diversity and disclosure on Aug. 6, 2021.1 A Nasdaq-listed issuer, subject to some exceptions...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

WilmerHale

SEC Approves Nasdaq’s Board Diversity Rule

WilmerHale on

On Friday, the SEC approved Nasdaq listing rules related to board diversity. The new Board Diversity Rule establishes diversity objectives for different classes of Nasdaq-listed companies and related disclosure requirements....more

Fenwick & West LLP

SEC Adopts Nasdaq Rules on Board Diversity

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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

BCLP

Latest Twists in Long and Winding Road to Board Diversity Disclosure

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The House Committee on Financial Services met virtually on April 20, 2021 to consider legislation that, among other things, would require public companies to annually disclose the voluntarily, self-identified gender, race,...more

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

Nasdaq Amends Proposed Rule on Board Diversity to Provide Compliance Flexibility

On December 1, 2020, Nasdaq filed a proposed rule with the U.S. Securities and Exchange Commission (SEC) that would require certain Nasdaq-listed companies to have at least two diverse directors (according to self-reported...more

BCLP

Nasdaq amends its board diversity proposal

BCLP on

On Friday, Nasdaq submitted a revised proposal that addresses board diversity membership for listed companies. As discussed in our prior alert, Nasdaq had originally called for public companies - over a two-to-four year...more

BCLP

Nasdaq Board Diversity Proposal Faces Backlash

BCLP on

Nasdaq’s recent proposal mandating board diversity faces backlash, as 12 Republican senators on the U.S. Senate Banking Committee last week urged the SEC not to approve the proposed rules, which would require all U.S....more

Eversheds Sutherland (US) LLP

Diversity boost in the boardroom: Nasdaq proposes new rules to spark increased board diversity for listed companies

On December 1, 2020, The Nasdaq Stock Market LLC (Nasdaq) filed a proposal with the Securities and Exchange Commission (SEC) to adopt listing rules that would enhance board diversity and transparency among companies listed on...more

White and Williams LLP

Nasdaq’s Giant Leap Towards Diversity on the Board

White and Williams LLP on

Following the lead of California, Illinois and other states, Nasdaq, which is home to some of the largest companies in the world including Amazon, Google and Facebook, may require diversity on the board of directors of those...more

Pillsbury Winthrop Shaw Pittman LLP

Nasdaq Proposal Includes Mandatory Director Diversity Disclosures

Board diversity may become not just a requirement but smart business as many corporations seek to maintain relevance and purpose. Nasdaq’s proposal would require most Nasdaq-listed companies to have, or explain why they do...more

Winstead PC

Nasdaq Proposal to Adopt Listing Rules Related to Board Diversity

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On December 1, 2020, Nasdaq filed with the Securities and Exchange Commission (SEC) a proposal to adopt new listing rules related to board diversity.  If approved, the new listing rules would require Nasdaq-listed companies,...more

Fenwick & West LLP

Nasdaq Proposes New Rules on Board Diversity

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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

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